Lemon Law And Appliances: What's Covered In New York?

Lemon laws are designed to protect consumers from defective products, and while they are often associated with cars, they can also apply to appliances. In New York, the lemon law covers appliances purchased in the state, as long as the product costs more than $25 and is intended primarily for consumer-type use. This applies if the appliance is new and has a written warranty. The Magnuson-Moss Warranty Act, also known as the federal lemon law, further protects consumers by requiring companies to honour their warranties and meet accepted quality standards. This Act covers all consumer goods with warranties, including appliances, and takes precedence over state laws.

What constitutes a lemon appliance?

Lemon laws, or consumer protection laws, vary by state. Many of them protect buyers of appliances, just as lemon laws protect people who buy a "lemon" car.

A "lemon" is a product with defects or non-conformities that cannot be repaired within a reasonable amount of time or repair attempts. Generally, a person with a car, truck, SUV, computer, or appliance with a warranty may seek lemon law relief after seeking multiple repairs or noticing problems with the product.

The federal Magnuson-Moss lemon law, which became law in 1975, protects consumers from deceptive warranty practices. It covers all consumer goods with warranties, including appliances.

To constitute a "lemon" appliance, the item must be defective in a way that severely limits its safety, use, or value, or must be out of use for more than 30 days while repairs are made. Additionally, you must have made multiple attempts to repair the item with no luck.

Some examples of appliances that may be considered "lemons" include:

• Refrigerators
• Heating, ventilation, and air conditioning (HVAC) equipment
• Kitchen appliances like dishwashers, washers, dryers, and ovens
• Stoves and cooktops

It's important to note that the definition of a "lemon" appliance can vary from state to state, and each state has its own statutes and laws regarding lemon appliances. Therefore, it is advisable to consult the specific lemon laws in your state or seek the advice of a lemon law attorney to determine if a particular appliance qualifies as a "lemon."

What are the requirements for a refund or replacement?

The New York Lemon Law and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to New York consumers of defective appliances. To qualify under the New York Lemon Law or the federal Lemon Law, you must generally have a product that has suffered multiple repair attempts under the manufacturer’s factory warranty. Lemon Law compensation can include a refund, replacement, or cash compensation.

To seek compensation from a manufacturer for a defective appliance, you must have a valid warranty or service contract. You must also prove that the manufacturer didn't honor the warranty within a reasonable time, or that the number of attempts to repair your appliance was unacceptable.

Under the New York Lemon Law, it is presumed that a reasonable number of attempts to repair a problem have been made if, during the first 18,000 miles of operation or two years from the original delivery date (whichever comes first), either:

• The same problem has been subject to repair four or more times and the problem continues to exist; or
• The car is out of service by reason of repair of one or more problems for a cumulative total of 30 or more calendar days and the problem continues to exist.

Under the Appliance Lemon Law, you must meet certain criteria before a manufacturer is required to give you a refund or repurchase the product. First, the item must be defective in a way that severely limits its safety, use, or value, or must be out of use for more than 30 days while repairs are made. Second, you must have made multiple attempts to repair the item with no luck. Then, if the item is still not functioning as intended, you are entitled to have the manufacturer either replace or refund the item.

What to do if the manufacturer doesn't cooperate?

If the manufacturer doesn't cooperate, you can pursue legal action. Should you win your case, the manufacturer will have to submit to your demands, plus cover any attorney fees you may have incurred during the process.

If you believe your car is a "lemon" and the dealer is not cooperating, you can enter an arbitration process with The Office of the New York State Attorney General or initiate a lawsuit in civil court.

To prepare for the hearing, you should:

• Gather documents, including records of everything pertaining to the purchase and the problem, such as a copy of the purchase contract (invoice), all correspondence, work orders, and warranty.
• Organize records in chronological order.
• Prepare an outline to help present and remember relevant information.
• Prepare questions to ask the manufacturer's representative.
• Arrange for witnesses, especially auto mechanics, or their sworn statements to document the problem.

What are express and implied warranties?

The Magnuson-Moss Warranty Act, passed in 1975, is a federal law that governs written express warranties. It outlines various requirements that must be included in written warranties, such as disclaimers and limitations. The Act also covers services contracts and a range of warranties, including express and implied warranties.

Express Warranties

Express warranties are specific promises made by a seller or manufacturer about the qualities and features of a product or service. They can be made orally or in writing and are usually included in the seller's contract or put in writing in the documentation that comes with many expensive purchases. An example of an express warranty is when an auto dealer promises to provide all maintenance on a car for three months after purchase.

Express warranties can also be created by a simple statement on an advertisement or a sign in a store. For instance, if an advertisement for a piece of clothing states that it is made of 100% cotton, and it is not, the warranty has been breached.

Implied Warranties

Implied warranties, on the other hand, are unwritten guarantees that a product or service will work as expected and meet certain minimum standards. They arise from the circumstance of the sale or stem from the actual sale itself. Implied warranties automatically cover all goods valued over a certain amount and are considered a basic level of protection for consumers.

There are two types of implied warranties: the warranty of merchantability and the warranty of fitness for a particular purpose. The warranty of merchantability outlines how a product must perform according to its intended purpose, while the warranty of fitness states that a product will meet the specific needs of a customer.

For example, if a customer wants to buy a watch that will work while scuba diving at a depth of 50 feet, the seller can make an implied warranty of fitness by stating that the watch will perform at that depth.

In summary, both express and implied warranties provide legal protection for purchasers if the warranties are breached by the seller or manufacturer.

What are the differences between state and federal lemon laws?

Lemon laws are designed to protect consumers from defective products. Both federal and state lemon laws exist, and they can vary in terms of scope and the remedies they offer.

Federal Lemon Laws

The Magnuson-Moss Warranty Act, also known as the federal lemon law, was enacted in 1975 to protect consumers from deceptive warranty practices. It covers all consumer goods with warranties, including appliances and vehicles, and defines consumer product standards. The Act includes services contracts and a range of warranties, such as express and implied warranties.

The federal lemon law covers products with written warranties that cost more than $25, as well as products covered under implied warranties, which automatically cover goods valued over a certain amount. It offers protection for both new and used products and does not place mileage restrictions on vehicles.

State Lemon Laws

State lemon laws, on the other hand, primarily cover defective vehicles, including cars, light trucks, and SUVs. However, it's important to note that each state's lemon law is unique. While most state lemon laws only cover new vehicles, some states, like New York, also cover certain used cars.

State lemon laws typically specify that a manufacturer must provide a refund or replacement for a defective new vehicle when a substantial defect cannot be fixed within a certain number of attempts or a specified time frame. For example, in New York, if the car cannot be repaired after a reasonable number of attempts during the first 18,000 miles or two years, whichever comes first, the consumer can choose a full refund or a comparable replacement car.

State lemon laws also vary in terms of the type of vehicles covered, whether they cover new or used vehicles, the time frame for reporting a defect, and the number of reasonable repair attempts allowed before a vehicle is deemed a lemon.

Key Differences

The main difference between federal and state lemon laws is their scope. Federal lemon laws cover a broader range of products, including appliances, while state lemon laws generally only cover vehicles. Additionally, federal lemon laws do not restrict coverage based on mileage or whether a vehicle is new or used, making them a good alternative for consumers who do not meet the criteria of their state's lemon law.

Another distinction is in the remedies offered. While state lemon laws typically allow consumers to receive the full purchase price of the vehicle, federal lemon laws entitle consumers to the difference between what they paid and what they would have paid if they had known about the defects.

In summary, both federal and state lemon laws offer protection to consumers, but they differ in terms of scope and remedies. Federal lemon laws cover a wider range of products and provide more limited monetary compensation, while state lemon laws primarily focus on vehicles and offer more comprehensive refunds or replacements.

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