California Lemon Law Used Cars, Do we need a ‘lemon law’ to protect consumers from product defects?

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California Lemon Law Used Cars – Jordan Annan from Vancouver was very happy when he bought his first new car, the 2013 Ford Focus.But the excitement of having a new wheel disappeared when Focus Annan began to act erratically and he had to replace the clutch three times. When the last clutch failed, the car was no longer guaranteed and Annan was told he had to pay $ 3,000 for a new one.

Annan’s story is no different from the stories of other Focus and Ford Fiesta owners who now call on Canada to adopt the so-called lemon law intended to protect customers. “I seem to be somewhat helpless,” said Annan, 30. “I don’t know much about the law of lemons but just having such protection will definitely help fight big companies like this because what can I do after something like this happens?”

California Lemon Law Used Cars

Transportation Canada has received complaints from 1,777 people about the 2012-2016 Ford Focus and 2012-2016 Fiesta, leading the department to open a defect investigation two years ago.

‘Consumers need protection’
At the other end of the country, June Farmer of Cole Harbor, N.S., has graced the Fiesta in 2011 with decals of sullen lemons and bumper stickers that read, “Buy lime.”

“Clear” countries need lemon law, said Farmer, who is in the grip of his six and worried about what will happen when the guarantee ends and the latest clutch stops working.

“All the problems that people experience … Customers need protection,” he said.

This is David vs Goliath
Doug Bethune, a forensic mechanical investigator, often calls for lemon law. He said there was “little or no protection for consumers” who eventually drove away uselessly.

“Right now, consumers – Mr. and Mrs. Jones – are fighting Goliath,” said Bethune, who has been certified by the court as an expert.

“And as far as Canadian consumers are concerned, Goliath has all the weapons and Mr. and Mrs. Jones, or the general public, you really lose to take the manufacturing companies of big companies. And if you take them on, then you have to get out of your own pocket , litigation fees. ”

Bethune points to the US where all 50 states, as well as the federal government, have lemon laws.

While laws vary from state to state, they generally state that when a number of “reasonable” attempts to correct a problem fail, the manufacturer must replace the vehicle or return the purchase price.

In California, what Bethune says is the gold standard for lemon law, “reasonable” is defined as four attempts to correct a problem.

The state law also awards legal fees and handles the problem of reselling vehicles that have persistent problems. If the car has been designated as a lemon, registration must be stamped, there must be a sticker on the vehicle that indicates the buyback of lemon law and the buyer must be given a one-year guarantee.

Lemon Law can protect used car buyers too
Winnipeg residents James Gorman liked the idea. He bought the Fiesta 2013 that was used in 2015. However, no one mentioned the problem with the vehicle when he bought it or when he took it back soon after because the car jerked and stuttered.

“Not only I was not aware of this problem, but I was told it was completely normal,” Gorman told CBC via email.

He had to struggle to make Ford pay for a new clutch, which finally succeeded.

The executive director of the Car Protection Association, a non-profit consumer advocacy organization, does not want to call for lemon law. He pointed to federal legislation passed last spring that gave the minister of transportation new powers, including ordering improvements to security defects.

“His strength is good,” said George Iny. “It’s just a bad case to test it because the government is just like a man who just got a new gold-plated gym membership but hasn’t succeeded in a few years making it difficult for them.”

He said the department now needed more people to help enforce the law.

“So the law gives them extraordinary power but investigators are not really supported by strong legal representation, so that everything is needed before we can see how far they can move the needle so that we don’t get a recurrence of cases like this.”

CAMVAP needs improvement
Iny said that the guarantee of protection and supervision of Canada by the province of the practice of guarantees was very inadequate.

Canadians with vehicle problems can bring their cases to CAMVAP, the Canadian Motor Vehicle Arbitration Program. Among other things, it can order car manufacturers to repurchase vehicles, pay repairs and replace claimants for previous repairs.

However, there are restrictions on the age and mileage of vehicles that qualify for arbitration. The decision is also final and vehicle owners must agree that they will not take further action against the car maker, regardless of the decision.

In four of the nine complaints he heard about the Ford Focus in 2017, CAMVAP ordered Ford to repurchase the vehicle but the details of the decision were not made public so it was impossible to determine what problems caused the decision.

Provinces have representatives on the CAMVAP board, but “they are very weak,” said Iny.

Status quo ‘sad situation’
“They have not made significant improvements to this program to date,” he said, adding that his association would be like CAMVAP to include the definition of lemon so people can be more certain about returning a very damaged vehicle.

In Nova Scotia, the government has added the word “lemon” to the new Traffic Safety Act that was just passed. However, the definition of lemon and what will happen to the vehicle after it is declared lemon will be developed in regulations, which are expected to take two years to complete.

Bethune shows that lemon law is needed for all consumer products, not just cars, but dishwashers, stoves, and other manufactured products.

“This is a sad situation when we don’t have, in this modern age, consumer protection,” he said.

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