‘The lemon law’: an incredibly useful norm in the United States, which do not know many immigrants

“All or almost all heard about the “stupid” laws of the United States. Yes, there are many, and it’s true. But to say that the United States in terms of laws is “stupid” the country is fundamentally wrong. Stupid laws can be found in any country. They usually correspond to the way of life and mentality of the inhabitants of the specific country and a specific time interval,” writes the author of the blog “How Wrong to live in the USA” on “Yandex.Zen”.

'Закон лимона': невероятно полезная норма в США, о которой не знают многие иммигранты

Photo: Shutterstock

Hereinafter in the first person.

In my subjective opinion, based on personal experience, the abundance of “stupid” laws in the United States due to the fact that in this country it is not accepted to abolish the old laws, for reasons not known to me personally, just add a new one.

The only exception known to me personally, and many of you is the “Dry law”, which operated in the United States from 1920 to 1933 and was repealed. The old laws were quite a appropriate at the time. But in the eyes of his contemporaries, they really look silly, stupid, out of place and wrong time.

But, there are US laws that deserve to look at it carefully and thoughtfully. With the purpose of drawing and introduction on the territory of Russia or other countries.

Among such laws of the United States, with whom I have encountered personally, I would like to highlight two: the law on the protection of their homes, have operated in all 50 States, and “lemon law”.

This Lemon Law (law lemon or lemon law) is Federal and has been ratified in all 50 States. This law applies to new purchased vehicles, motorcycles, RV (motorhome or RV), motor boats and some types of sophisticated consumer electronics.

For example, you have purchased from an authorized dealer a new car. It was a factory defect, but the car is still under factory warranty , this is usually 1-2 years. According to the “lemon law” the dealer tries to remedy the defect within 30 days or 4 attempts. That is, if the vehicle has been at least 4 times to repair from the dealer but the defect is not resolved, then you as a buyer and consumer, this moment is absolutely not need to worry.

After that, the vehicle is a “lemon” and subject to immediate repurchase by dealer. In addition to the price for the car, the dealer is obliged to return all paid your taxes, and this is a very substantial amount, including the state police.

Dealers hate this law and try to avoid it by hook or by crook. As the law gets in the pocket of the dealer and is a direct loss. Large dealers keep the staff lawyers, whose task are all sorts of legal tricks for such cases.

In fairness it should be noted that a factory defect is quite rare. In every state there is a separate layer of the attorneys who spetsializiruyutsya specifically in this law.

I have seen this act, nose to nose, so I know about it firsthand. It was in 1998, in a small California town on the coast of the Pacific ocean. I lived in this city for 3-4 years, when there came a Bear from Serbia. His name was Serbian, but when they meet me and my friend said he was a Bear. So he was a Bear for us.

Bear was approximately my age and cool, the right guy. He came with his wife-the beautiful Sandra. They arrived at the permanent residence. As he here for several years lived a father, he made them a call. Bear – a typical child of the 90s, only from Serbia. And everything is the same as in Russia. Athlete, fighter and very handsome. Seems to have been a champion of Belgrade in clandestine fights without rules.

Got a job working in a campaign for cleaning private swimming pools, which his father bought him a small work pickup truck Nissan. Looking ahead, I will say that today he is the owner of such medium-sized companies and has a life all right. As I Bear grew up poor and had nothing in childhood. Like me, he immediately began to catch up with “lost in youth” in the “land of opportunity”.

We’re very similar apart from some details. First, I came to the United States with $100 in his pocket, and Bear had a lot more money on fights without rules. Secondly, it is used to solve the problem on impulse and punched-down. On the street it works great, and there is no life. I also include physical strength, but less and less. First, try to turn your head. Sometimes that does not work. But this sort of thing.

Thus, the main Mishkin’s dream was handsome, athletic and expensive motorcycle. Definitely a new one to fly on it not sat. I’m not a fan of motorcycles and almost never understand them, so he discussed this topic with my best friend, who already had a sport bike Kawasaki Ninja.

After a short time the Bear buys from an authorized dealer brand new BMW motorcycle 1200R. Beautiful and fast, in my unprofessional opinion. And expensive — $18 000 it cost Bear at the time. Apparently, he had his personal money. Personally, I was happy for him — so quickly and easily realized his dream.

The bear by nature is also an avid disciplinarian. He blew away with a motorcycle dust. Break all the rules and attitudes. Drive on it it started just after break-in. Yes, and he drove dosed the crap out of the bike bouncers. They are with my friend and other fans are often left on their “rides”.

Then there was a nasty and unexpected – his motorcycle was leaking gearbox and transmission. Bear took it to the dealer. There’s a bike repaired for about a week. Another week Bear skated without problems, and then new, the same thing. And so the circle. After 2 months, the Bear was going to go to beat the entire staff of the BMW in our town. Previously he was with a friend of mine wanted to change the bike to another, but they refused. A couple of times they talked with a lawyer of this Department the BMW, but he found all sorts of legitimate excuses.

My friend got the Bear to communicate with me on this subject, even though he was trying to solve everything by myself “as expected”. Do not think for bragging, but I at that time was already a pretty decent experience in legal communication with various authorities on various occasions. But such an experience I was not.

I went to the library and began to study law. Came across a “lemon law” in the literature. After carefully studying the law, I have considered it from all sides and came to the conclusion that in this particular case will need the services of a lawyer. Accordingly, I studied several law cases on this topic, which strengthened me in my intention, because without counsel, this case could take several years.

I decided that the lawyers of our small town have certainly long ago “bought” a large dealer like BMW. So I dialed the phone number of a lawyer in such cases from San Francisco (CA). First got me in the phone book.

The lawyer, with the bat, showed remarkable enthusiasm for my call. He asked me to come to him “right now”. And even though his office I drive was about 2 hours and it was already sinking towards evening, the lawyer agreed to wait for me. I wrote a paper by hand, and Bear signed it that he trusts me to handle such legal matters about his motorcycle. Taking with him the documents for the motorcycle, I went to San Francisco.

The lawyer was waiting for me and, as I explained on the phone, it is already the case, then it is scanning the documents for the motorcycle, sat down at the computer to write a letter to the main office of BMW in the United States. His computer already had the template of such a letter, and so writing took about five minutes. Writing, the lawyer sent it by email immediately. I got up from the chair and was about to leave, previously going to ask him how long this business based on his experience.

The lawyer offered me coffee. Along the way, the lawyer told me a couple of funny, in my opinion, judicial Affairs on this subject. I carefully listened to him and not interrupt. Asked occur I have a question. As we talked, came the reply to our letter to BMW. The lawyer read it aloud and printed a copy for me.

It was written something like: the Main office of BMW in the USA suggested the Bear at any convenient time for him to go to the BMW office in our town and to get your hands on a cheque for the full value of the motorcycle and all paid fees, and taxes. In addition, Bear was given permission to use the same motorcycle for 30 days.

Also, I peeked at the computer screen, a PostScript to a lawyer. He Head office of BMW reported that by mail send a check for $4 500 for his legal services. Not bad for five minutes work and a couple of cups of coffee with a biscuit? That’s what I think.

Bear and my friend believed me until the next day when they took BMW money and the motorcycle. My credibility skyrocketed, although you now know that in fact my job here is really to the penny. Bear 30 days of bouncers that motorcycle crap is already in full. And you know what’s amazing? Once it stopped “Lisp” with this bike – all the problems disappeared like they never existed. Bear even started to speak aloud the idea to keep it? I told him that if he will do it – I don’t know.

Bear thanked me later. He helped me in one difficult case, in which initially no one wanted to get involved.

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