How California Lemon Law Attorneys Protect Consumers Against Exploitation

By Deanne Shepard


Most consumers have experienced the frustration of buying a product that turns out to be a dud. Trying to obtain some form of restitution from the manufacturer or dealer may be even more frustrating. Many dealers simply refer the complainant to the manufacturer and the manufacturer in turn, denies liability. Consumers that feel as if they have been swindled do have options, however. With help from California lemon law attorneys they can take the dealer and manufacturer to task.

The Magnuson Moss law, a federal law that was passed in 1975, has done much to protect consumers against unscrupulous manufacturers and dealers. The law is applicable to all states and it covers all mechanical consumer goods. In many states additional laws were subsequently passed, but in most cases these state laws are only applicable to motor vehicles. In terms of these laws consumers can force suppliers to deal with complaints.

The law recognizes that there are two different warranties applicable to every mechanical product. Implied warranties are almost never offered in writing. In terms of the law the implied warranty promises the consumer that the product will perform as it supposed to perform and that it will not pose a danger to the purchaser. Express warranties, on the other hand, are often in writing but they are often vague.

It is true that some of the consumer protection laws only cover mechanical goods and that others are restricted to transactions pertaining to vehicles. However, all these laws aim to help consumers to gain justice when they have entered into a transaction where the service or product supplied does not stand up to the expectations of the consumer and the promises of the manufacturer.

There are some rules, however. Consumers are expected to try and resolve complaints with the manufacturer before approaching the court. Complaints should be submitted in writing and the manufacturer must be granted a reasonable chance to respond and to try and resolve the issue. It is always a good idea to keep the packaging of new products and to keep all sales documents at hand.

Only when a consumer cannot obtain a satisfactory result from the manufacturer can he approach the court. In such circumstances it is best to hire the services of a lawyer that is experienced in consumer affairs. Most manufacturers have access to extensive legal resources and very few consumers will be able to succeed in court without legal representation. A lawyer can often actually handle the matter without resorting to a formal court case.

Entering into legal battles can be costly and time consuming. It is therefore vital to choose a lawyer that is reputable and that has experience in representing consumers. Some lawyers will consider cases on a contingency basis. The client does not pay any fees up front but the lawyer takes a percentage of the final settlement amount as his fee.

Consumers have the right to expect value for money. When they purchase products only to find them defective or unable to perform as they were supposed to, they should have recourse to justice. Lawyers specializing in consumer affairs can help them to obtain such justice, forcing manufacturers to honor their obligations and their promises.




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