Monday, 28 July 2014

How Lemon Law Lawyers In California Can Help Consumers Attain Justice

By Imelda Reid


When consumers buy products that do not stand up to the promises of the dealer and the manufacturer, they often have little recourse. Complaints to the supplier are often ignored and most consumers simply do not have the time, money or inclination to sue. However, most states have laws that have foreseen this type of problem and have acted to protect consumers against substandard goods. Lemon law lawyers in California have helped many consumers to obtain justice.

By passing the Magnuson Moss Law in 1975 the federal government of the United States set a benchmark for consumer protection. This law was quickly followed by additional laws applicable to individual states. The aim of all these laws is to provide consumers with recourse if they buy a faulty or sub standard product. Most laws only cover automobile cases.

There are two different types of warranties that are defined by the law. Implied warranties are seldom provided in writing. However, it makes provision for a consumer to expect that the product will do exactly what the manufacturer promises that it will do. It furthermore assumes that certain quality control measures were in place when the product was manufactured. There are also express warranties. These are no so broad and they are normally provided in writing.

The federal law covers all mechanical products. The state laws that mostly cover vehicles include leased and rented automobiles. In terms of the federal law and many of the state laws manufacturers and, in some cases, suppliers can be forced to pay the legal cost of the complainant. The laws make provision for refunding the consumer or for replacing the product with a properly working model.

The law is realistic and does not allow consumers to approach the courts before they have taken reasonable measure to solve the problem by communicating with the manufacturer. It is very important to retain the sales documentation and the original packaging. Notes should be kept of all communications between the various parties and formal complaints should always be in writing.

When all other avenues have been tried and exhausted a complainant can take the matter to court. It is vital to get an experienced attorney to handle the matter. The legal system is complex and laymen trying to handle their own cases often fail simply because they do not know the procedures and rules. An attorney can often help to settle the matter quickly by communicating with the defendant directly.

Choosing an attorney should always be done with great care. It is vital to look for somebody that has experience in consumer law. It is vital to make sure that the matter of the legal fees are agreed from the word go. Some attorneys are willing to take on such cases on a contingency basis. This means that the client does not pay unless the case is resolved favourably.

Saving for and buying a much anticipated new possession only to find out that it is faulty or that it does not perform as promised can leave a bad taste. That is why the government passed laws to protect consumers. Manufacturers should take full responsibility for their products.




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