Alabama Lemon Laws
- Author Amit Raju
- Published January 28, 2008
- Word count 506
A Lemon Law refers to those laws which have been enacted by the government to give a legal remedy to the consumers, who are purchasing consumer items for their personal or household uses. Such laws have been enacted by both the Federal as well as the State governments. The Alabama Lemon Law refers to the respective law of the state.
In the state of Alabama lemon law gives legal remedies to all those buying within the state of Alabama, any consumer items exceeding the value of US $ 25. Therefore, if you end purchasing a "lemon", i.e. a defective consumer product, including a used car, you can approach a good lemon law attorney, practicing within the state, to represent your case.
A good lawyer will read the state law along with the provisions laid down by the Federal Lemon Law, known as the Magnuson-Moss Warranty Act.
The Magnuson-Moss Warranty Act is applicable to any consumer product which has a value of US $ 25, or above. The Act states that any such consumer products sold, must comply with the guaranties and conditions, if any, expressed over it.
To make this a possibility, the state lemon law, in consultation with the Magnuson-Moss Warranty Act, has given various definitions.
Therefore, according to Chapter 20A of the Motor Vehicle Lemon Law Rights, a "consumer" is anybody who purchases a new or a previously untitled motor vehicle, for personal use, and not for resale.
The Act further defines a "motor vehicle" as any self-propelled vehicle primarily for operation and use in public highways, excluding a "motor home" or one having a gross vehicle weight rating (GVWR) of 10,000 pounds or more.
An "express warranty" means any written promise labeled on a motor vehicle offered for sale, as to its performance, including any terms or conditions precedent to the enforcement of the promise.
Therefore, as per the state of Alabama lemon law, a consumer can exercise his legal options and give a written notice to the manufacturer or the dealer of a motor vehicle, in case of its nonconforming condition.
However, to use this resort, the consumer must keep written records and receipts of all the places from where he tried to rectify its machinery parts. Furthermore, the vehicle should have been subjected to normal usage only, and it should not have been involved in any accidents, etc.
The notice can be served within one year ending after the original delivery of the motor vehicle to the consumer, or the first 12,000 miles, whichever occurs earlier. And the manufacturer or the dealer shall be obligated to rectify the condition, within 14 working days, along with a refund of the consumer's repairing expenses including the attorney's fees, if any.
The Alabama used car lemon law also comes under the purview of the same Act. The consumer must check all repairing details and the alteration receipts, if any, before purchasing a used car.
Therefore, the Alabama Lemon Law is comprehensive in protecting the genuine consumers' interests, while purchasing a consumer item, including even a used car within the state.
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