Questions tagged [lemon-law]

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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 ...
3
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3answers
96 views

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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1answer
43 views

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 ...
-6
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1answer
205 views

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 ...
1
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2answers
54 views

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 ...
4
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3answers
2k views

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 $...
3
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1answer
145 views

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 ...
3
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2answers
93 views

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 ...