If you buy a stove or oven that is broken, doesn’t work properly, or has a substantial defect of any kind, it likely qualifies as a lemon. Like motor vehicles, if the failure or malfunction is covered by a warranty but cannot be fixed after several repair attempts, the federal lemon law will protect you.
If you have bought a defective oven or stove, you have a legal right to demand its repair. And if the manufacturer is unable to fix the problem, you have the right to demand a replacement appliance or possibly a refund. But, to take action in terms of the lemon law for ovens and stoves, you’ll want a lawyer with lemon law experience and expertise.
The Lemberg Law legal team has substantial and varied experience in the field of lemon law. We have dealt with hundreds of claims for defective vehicles with components that malfunction and a wide range of faulty appliances, including ovens and stoves.
In general, lemon laws amount to breach-of-warranty laws. While all 50 U.S. states have their own lemon laws, California is the only state that has a lemon law that covers appliances. Lemon laws in the rest of the country only apply to defective and malfunctioning vehicles. But there is a longstanding federal law that protects consumers throughout the U.S.
Read on to find out what you need to know about lemon law for ovens and stoves.
The Federal Lemon Law
Passed by Congress in 1975, the Magnuson-Moss Warranty Act is dubbed the federal lemon law. It governs consumer product warranties and protects the rights of consumers by ensuring that warrantors maintain their obligations provided by written warranties.
A principal aim of the legislation is to protect consumers from deceptive warranty practices. It covers many products including vehicles and appliances, both big and small, including, of course, stoves and ovens.
In essence, a warranty is a promise by the person who provides it to correct anything if the product malfunctions or fails. As the Federal Trade Commission (FTC) points out, the law recognizes two types of warranty, implied and express.
Implied warranties are unwritten and unspoken, and based on common law principles.
Express warranties are based on verbal promises made voluntarily.
But, the lemon law (the Magnuson-Moss Warranty Act) only applies to written warranties, and only those that apply to goods, not services. Also, it doesn’t require businesses to provide written warranties. So, if you’ve got a written warranty on your stove or oven, you’re covered. If not, lemon law won’t cover you.
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Implied Warranties for Ovens
Interestingly, the FTC uses ovens to explain implied warranties.
“The law says that merchants make this promise automatically every time they sell a product they are in business to sell. For example, if you, as an appliance retailer, sell an oven, you are promising that the oven is in proper condition for sale because it will do what ovens are supposed to do – bake food at controlled temperatures selected by the buyer. If the oven does not heat, or if it heats without proper temperature control, then the oven is not fit for sale as an oven, and your implied warranty of merchantability would be breached. In such a case, the law requires you to provide a remedy so that the buyer gets a working oven.”
This means you do have some recourse, but not in terms of the federal lemon law. To be covered by lemon law you will need to have a written warranty.
State Lemon Laws
As mentioned above, California is the one state that has a broad lemon law. Called the Song-Beverly Consumer Warranty Act it covers a wide range of products, including ovens and stoves. Additionally, it allows implied and express warranties on appliances.
Why You’ll Want an Attorney to Help with a Claim
Generally, ovens and stoves come with some sort of a warranty. If you find out the appliance is defective, you can claim on the warranty. But if the dealer or manufacturer tries to fix what’s wrong and can’t, or the problem continues to recur, what can you do?
Worse still, what do you do if they refuse to replace the item or refund you?
This is where a legal firm like Lemberg Law comes in. We can help you take action through lemon laws.
We’ve mentioned some of the basic elements about the Act and lemon law, but there’s a lot more to it all. The link we provided above gives more information about the Act. From this you will see that lemon laws are complicated. This is why you need someone with the relevant legal knowledge and experience by your side.
In most cases, a breach of warranty happens when a manufacturer cannot repair a refrigerator with a warranty successfully after at least three attempts. If you’re lucky, the manufacturer will offer to replace your faulty oven or stove. But some steadfastly refuse to.
A legal firm that specializes in lemon law can initiate a consumer claim or file a breach-of-warranty lawsuit for you. Their lawyers will fight for your rights.
Why Choose Us as Your Lemon Law Attorneys
The legal team at Lemberg Law has lots of experience using the Magnuson-Moss law to get compensation for our clients who have defective stoves and ovens. If you are in this position, we will study your warranty and assess your case free of charge. We will ascertain what the manufacturer’s responsibility is and whether you have grounds for a claim.
The Magnuson-Moss Warranty Act has a fee-shifting provision that requires manufacturers to cover attorneys’ fees if we win. So, it’s a win-win situation for you and for us.
If you’ve bought a lemon, don’t delay, contact the legal team at Lemberg Law today.
Who are we? We are Lemberg Law, a Consumer Law Firm with an excellent reputation for compassionate and aggressive lawyering
Lemberg Law has a reputation backed by 15 years of service and $50 million in recovery for 25,000 clients nationwide. We know lemon law. You have rights, and you deserve the best representation available. All you need to do is send us your information for a free case evaluation, or call our Helpline today. We’re knowledgeable; we’re friendly; and we’re here to help. There is no charge unless we win.
