The Lowdown On Boat Lemon LawJust as car owners may experience difficulties with a defective vehicle and have to look at lemon law as a way to resolve their issues, the same is true of boat owners. Those who have a boat that is still under warranty may have the option to look at the boat lemon law in their state to see if they are eligible for refund or replacement. The availability of boat lemon law cover may vary from state and in some case may not be present at all in present lemon law statutes. But this does not mean that there are not other laws that provide protection such as U.C.C. regulations, warranty stipulations, and consumers have other legal options as well. In this article, specific information regarding boat lemon law will be presented to clarify the basic purposes of the law. The first point to be addressed is whether lemon laws in a particular state include coverage of boats and other seagoing vessels. In states like New Jersey, there is no specific boat lemon law on file. In contrast, in California there is a thorough provision in place for boat lemon law that highlights the specific requirements for declaring a boat a lemon. It is entirely up to the individual states whether to enact official boat lemon laws, yet there are other statutes in place in these same states that do provide coverage to boats. Other commerce and consumer protection laws include all items that are sold under warranty in the state. A prime example is the Uniform Commercial Code (U.C.C.), still operating in all but one of the fifty states. Under U.C.C. provisions, you will find what is called an implied warranty of merchantability, which is really a code of standards for the products that are sold, including whether they meet industry guidelines. If a boat is found to be substantially defective then a claim can be made by the consumer. Besides state sanctioned warranty provisions, there are other means of coverage that can serve a role similar to boat lemon law in those states where not strict rule is established. In fact, the manufacturer or dealer can offer warranty that limits the consumers who can file a claim to those that receive not satisfactory repair to the problem. A warranty allows the consumer whose boat cannot be properly fixed after sufficient attempts to claim a breach of express warranty. Once the express warranty is breached, the boat owner can file a claim for restitution or replacement of the defective boat. A final option would to pursue other legal action, such as may be the case with concealment of defects by dealership or negligence on their part in some other matter. If it is true that a dealer or manufacturer willful deceived, the consumer regarding the status of the boat and its defective features, a consumer has every right to file a fraud claim. When repairs attempted result in significant damage to the boat, you can claim negligence. If you have a boat, it might be good idea to be informed on what sort of consumer protection is available in your home state, be it boat lemon law or other statute. |