If you've bought a boat that turns out to be faulty, you may be wondering if lemon laws apply to boats. While state lemon laws typically apply to cars, SUVs, and trucks, boats fall under the Federal Warranty Law (also known as the Magnuson-Moss Warranty Act), which was passed by Congress in 1975. This law requires manufacturers to clearly outline the terms of a warranty and make this information easily accessible to the consumer. In the case of a dispute, warranties are usually enforced according to their terms. If you're experiencing issues with your boat, it's important to act quickly and document all communication with the company to improve your chances of a successful resolution.
Characteristics | Values |
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Do lemon laws apply to boats? | In most states, lemon laws do not apply to boats. However, boats are covered by the Federal Warranty Law (Magnuson-Moss Warranty Act) and may be covered by consumer protection laws and state-specific laws. |
Which states have lemon laws that cover boats? | California and Michigan |
What to do if your boat is a lemon? | Act quickly, document everything, and consult a lawyer |
What You'll Learn
Lemon laws cover all consumer goods, including boats and watercraft
Lemon laws are often associated with cars, SUVs, and trucks, but they actually cover all consumer goods, including boats and watercraft. In California, for instance, boats and watercraft are covered by the state's lemon laws. However, for this coverage to apply, the boats or watercraft must have been sold with their original manufacturer's warranty. This means that the lemon law covers watercraft that suffer a manufacturing defect covered by warranty and are not repaired after a reasonable number of repair attempts.
The Federal Warranty Law, also known as the Magnuson-Moss Warranty Act, is a federal law that applies to boats. This law requires manufacturers of consumer products, including boats, to clearly describe the terms of a warranty and make that information easily accessible to the consumer. There are two types of warranties: express warranties, which are clearly stated, often in writing; and implied warranties, which are usually in the absence of an express warranty and mean that a product should work.
While state lemon laws may not cover boats, there are other legal options for consumers who have purchased a defective boat. One option is the Magnuson-Moss Warranty Act, which protects consumers who purchase any consumer good with an express written warranty. If a product is worth more than $25 and is subject to an express warranty, this law might provide protection to consumers who purchase a faulty product with defects that cannot be cured despite reasonable attempts.
Another option for consumers with a defective boat is the Consumer Protection Act. This statute protects consumers who are victims of fraud, deceit, or misrepresentation when purchasing a boat. It also provides relief if you purchase a boat that does not function. Like the Federal Lemon Law, the Consumer Protection Act authorizes consumers to receive damages, such as the money invested in the boat, and it also provides for an award of attorney fees and court costs.
If you are dealing with a defective boat, it is important to act quickly and document all communication with the company. You may also want to consider consulting with an attorney who specializes in lemon laws and consumer protection to understand your rights and options.
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State lemon laws don't usually cover boats
State lemon laws typically do not cover boats. While consumers usually associate lemon laws with cars and trucks, the law covers all consumer goods, including boats and watercraft. However, for boats to be covered by lemon laws, they must have been sold with their original manufacturer's warranty.
State lemon laws are often limited to cars, SUVs, and trucks, and they vary by state. Boats fall under the Federal Warranty Law (aka the Magnuson-Moss Warranty Act), passed by Congress in 1975. This federal law governs consumer product warranties. The act requires manufacturers of consumer products to clearly describe the terms of a warranty and make that information easily accessible to the consumer.
There are two types of warranties: express and implied. An express warranty is clearly stated, often in writing, while an implied warranty usually comes into effect in the absence of an express warranty and means that a product should work as intended. In the case of a dispute, warranties are typically enforced according to their terms.
If a new product doesn't come with a warranty, it may still be covered by an implied warranty under state law. All states except Louisiana have enacted Article 2 of the Uniform Commercial Code (UCC). Under the UCC, sellers provide buyers of goods with implied warranties, such as warranties of merchantability and fitness.
A warranty of merchantability is a promise from the seller that the product will function as intended. For example, a warranty on a 65-hp outboard engine guarantees that it will run. A warranty of fitness applies when a buyer purchases a product based on the seller's advice that it is suitable for a particular use. For instance, a wakeboat should be powerful enough to enable a person to surf behind it.
Implied warranties can last up to four years, although coverage varies by state. If issues arise that are not covered by the written warranty, consumers can explore protections under the implied warranty. However, implied warranties are generally more challenging for consumers to enforce.
In addition to federal laws, some states have consumer protection laws that specifically address warranties, including those for boats and boat parts. For example, Louisiana's lemon law for motor vehicle warranties applies to personal watercraft.
While state lemon laws may not directly cover boats, consumers who have purchased a defective boat can explore other legal options, such as the Magnuson-Moss Warranty Act and consumer protection statutes like the Michigan Consumer Protection Act. These laws provide protections for consumers who have been deceived, defrauded, or sold faulty products.
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Boats fall under the Federal Warranty Law
The Magnuson-Moss Warranty Act requires manufacturers of consumer products, including boats, to clearly describe the terms of a warranty and make that information easily accessible to the consumer. There are two types of warranties: express and implied. An express warranty is clearly stated, often in writing, while an implied warranty is usually in the absence of an express warranty and implies that a product should work as expected.
In the case of boats, the Magnuson-Moss Warranty Act provides protection to consumers who purchase a faulty vessel with defects that cannot be repaired after a reasonable number of attempts. If a boat is found to have a manufacturing defect covered by warranty and the manufacturer is unable or unwilling to repair it, consumers may be entitled to a replacement boat or a refund.
It's important to note that state lemon laws often do not cover boats and are typically limited to vehicles like cars, SUVs, and trucks. However, some states, like California, do include boats and watercraft under their lemon laws. Therefore, it's essential to consult with an attorney who specializes in lemon laws to understand your specific state's laws and protections.
Additionally, other consumer protection laws, such as the Consumer Protection Act, may offer further recourse for boat owners dealing with defective vessels. These laws vary by state but can provide additional avenues for seeking compensation or resolution.
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There are two types of warranties: express and implied
While lemon laws typically do not cover boats, there are other legal options for consumers who have purchased a defective boat. One of these options is the Federal Warranty Law (also known as the Magnuson-Moss Warranty Act), which was passed by Congress in 1975. This law governs consumer product warranties and requires manufacturers to clearly outline the terms of a warranty and make this information easily accessible to the consumer.
On the other hand, an implied warranty usually comes into play in the absence of an express warranty. It provides a base level of protection for consumers and means that a product should work as claimed. Most consumer purchases are covered by an implied warranty of merchantability, which means the seller promises that the product will do what it is supposed to do. For example, a 65-hp outboard motor should run. Implied warranties can last up to four years, although coverage varies from state to state.
In addition to the Federal Warranty Law, consumers in some states may also be protected by other consumer protection laws, such as the Michigan Consumer Protection Act, which provides relief if you purchase a boat that does not function. This statute covers a range of deceptive and fraudulent practices, including the failure to provide "promised benefits," which judges in Michigan have ruled includes warranties.
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If a boat doesn't come with a warranty, it's covered by an implied warranty under state law
The Federal Warranty Law, also known as the Magnuson-Moss Warranty Act, was passed by Congress in 1975 and governs consumer product warranties. The act requires manufacturers to clearly describe the terms of a warranty and make that information easily accessible to the consumer. There are two types of warranties: express and implied. Express warranties are usually written and clearly stated, while implied warranties are typically unspoken and occur in the absence of an express warranty. Implied warranties mean that a product should work as intended.
While state lemon laws often don't cover boats, there are other legal options for consumers who have purchased a defective boat. The Magnuson-Moss Warranty Act, for example, protects consumers who purchase any consumer good with an express written warranty. If a product is subject to an express warranty, the manufacturer must remedy any defects within a reasonable amount of time or a reasonable number of attempts. If they are unable to do so, they must replace the product or refund the buyer's money.
In addition, all states except Louisiana have enacted Article 2 of the Uniform Commercial Code (UCC), which provides buyers with implied warranties such as merchantability and fitness. A warranty of merchantability means that the seller promises the product will function as intended. For example, a 65-hp outboard motor will run. On the other hand, a warranty of fitness applies when a buyer relies on the seller's advice that a product is suitable for a particular use. For instance, a wakeboat is powerful enough to enable a person to surf behind it.
Implied warranties can last up to four years, although coverage varies by state. If a boat doesn't have a written warranty, it's essential to understand the protections offered by implied warranties. However, keep in mind that implied warranties are generally more challenging for consumers to enforce.
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Frequently asked questions
No, Georgia's lemon law does not apply to boats. However, other warranty laws like the Magnuson-Moss Warranty Act and the UCC Article 2 apply to warranties and provide relief when a warrantor cannot perform repairs.
Yes, California's lemon laws also apply to boats and various types of watercraft. For boats to be covered by the lemon law, they must have been sold with their original manufacturer's warranty.
There are two forms of protection that may be of particular interest: (1) the Magnuson-Moss Warranty Act (“The Federal Lemon Law”) and (2) the Consumer Protection Act. The Federal Lemon Law protects consumers who purchase virtually any consumer good, provided the product was subject to an express written warranty.