Questions tagged [lemon-law]
For questions relating to laws typically regulating manufacturers, consumers, and enforcing agencies rights and duties relating to defective vehicles most prominently those relating to replacement and restitution. Please add a location tag as different jurisdictions at national and state level have their own particular variation of lemon laws.
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Can I viably sue for damages caused by bugs in freeware?
Freeware is software released free of charge. Often times freeware is written by a hobbyist or academic who is looking to create a tool for their field, but is either not interested in profit or ...
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Are (new) parts purchased from or replaced by the original manufacturer subject to protections under lemon laws as a new product?
Say, you purchase a passenger vehicle with some of the original warranty given by the manufacturer remaining. Knowing the typical issues with the vehicle, you decide to buy some spare parts — each new,...
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Can a manufacturer be imposed civil penalties under Song-Beverly after a vehicle replacement was accepted?
Bob purchased a vehicle for $75,001 which eventually meets the lemon law presumption of the Song-Beverly Consumer Warranty Act, and Bob serves a statutory notice upon the manufacturer about its duties ...
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Could Bob get gagged by a court on its own initiative? Is there any support for that in law?
This is a question based on the same fact pattern as set forth in this question:
Can consumer Bob be gagged about a suit against Big Co. revealing major antitrust and policy-driven fraud causing ...
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Can consumer Bob be gagged about a suit against Big Co. revealing major antitrust and policy-driven fraud causing widespread public safety issues?
Bob is your average consumer having bought a vehicle that turns out to have been an undisclosed “lemon law buyback” without any branding.
Big Co., from the get go, had no intention to be bound by the ...
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Can service on a potential civil suit defendant be performed directly even if their agent has demanded otherwise?
Bob buys a car that meets the "lemon-law" presumption of California's lemon laws; to collect civil penalties for non-willful violations, he needs to serve a notice on the manufacturer. But ...
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What effect does this ruling have on the burden of proof, if any?
“[T]he Act does not require consumers to take any affirmative steps to secure relief for the failure of a manufacturer to service or repair a vehicle to conform to applicable warranties—other than, of ...
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Perfect tender rule vs (disclaimed) implied warranty?
Context: This is a question I have while studying for the BAR exam. In Question 2 of this practice exam (page 26), we have a contract for a good valued at $15,000 with an express warranty on its ...
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Is a written promise relating to the “workmanship” of software and hardware components create an express warranty under Magnusson-Moss or U.C.C.?
A U.S. auto manufacturer promises in writing that its vehicles will, for the life of their vehicles, receive free hydrogen at its charging stations.
Bob buys such a vehicle. Turns out the vehicle ...
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Can Bob, as a non-resident for the purposes of U.S. law, relay information of his consumer experiences to his embassy or consulate of a sending State?
Say, Bob, purchases a consumer product in the State of California where he is a resident for the purposes of California law although not a resident of the U.S., a State for the purposes of the 1961 ...
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Somebody's mother was scammed by a car dealer. What laws might apply?
Imagine that earlier today, a person was buying a car. They are in their 70s, but relatively competent. They landed on what they thought was a pre-owned 2020 Mazda CX-5 Signature, valued at about $...
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What is the definition of "retail" or "at retail" for the purposes of the Song-Beverly Consumer Warranty Act?
Bob, a private individual, visits a store in California — where Corp, the manufacturer, maintains a showroom — and proceeds to purchase a consumer goods.
Bob, after explaining his needs relevant to ...
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Lemon Law: May civil penalties be assessed for the damages more than once and each up to 2 times thereafter?
Hypo...
Bob buys a vehicle for $20,000 with a balance on the new vehicle warranty from the manufacturer; however, soon finds out that the engine, the AC and the radio do not conform to the written ...
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Is there any cognizable harm that I could sue phone manufacturer, Pear, Inc. for?
Pear, Inc. already has admitted that it purposefully slowed down Bob's uPhone with software upgrades, and therefore, Bob is concerned to update any new software from Pear.
Some time before in software ...
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