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Disclose that the vehicle was repurchased due to defects Disclose what repairs were performed to correct the defects Provide a one-year warranty to the next consumer This addition to the law was particularly needed when a consumer was purchasing a used vehicle that the dealer asserted was free of defects. The . . . → Read More: Chapter 4: A Brief History of Lemon Law (page-07) 
1982: The Tanner Consumer Protection Act Substantial impairment to use, value, or safety is defined. California Assemblywoman Sally Tanner first intro-duced this key measure in 1980. The Tanner Act is part of the Song-Beverly Act, but its provisions apply specifically to motor vehicles. The law defines guidelines for a reasonable number of repair attempts.3 It also defines nonconformity to mean a nonconformity that substantially impairs the use, value, or safety of the motor vehicle to the buyer or lessee. Continue reading Chapter 4: A Brief History of Lemon Law (page-06)              
Without the lemon law, Mr. and Mrs. Jones were in a David and Goliath contest where all the weapons favored Goliath. 1975: Federal Lemon Law The great equalizer: courts could compel manufacturers to reimburse attorneys’ fees. In 1975, Congress enacted the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. While it was not as effective as California’s Song-Beverly Act, the federal Magnuson-Moss Act did attempt to encourage warrantors to provide better warranties. It also included a provision allowing-but not requiring-courts to award attorneys’ fees to consumers who had to file lawsuits to enforce warranties. Continue reading Chapter 4: A Brief History of Lemon Law (page-05) 
The U.C.C.’s focus on commercial transactions seriously limits its use to consumers. The first official U.C.C. emerged in 1952, after more than ten years of drafting and revisions. Substantial revisions and amendments followed over the next several years, until finally in 1961 the National Conference decided to establish a Permanent Editorial Board for the Uniform Commercial Code. The board released its official text of the U.C.C. in 1962. Since then, forty-nine states have enacted some form of the U.C.C.-all except Lousiana. Continue reading Chapter 4: A Brief History of Lemon Law (page-04) 
1906: The Uniform Sales Act When the United States broke away from England, they kept her legal system. Even today, forty-nine of the fifty states base their laws on the old English common law. (Louisana bases its legal system on a blend of English common law and French civil law.) Still, each state’s laws are different. The Uniform Sales Act of 1906 was an attempt to regulate commerce in the United States. This was the time of the great robber barons who banded together to monopolize commodities in their area so that they could manipulate prices and profits. There was great need for regulation. Continue reading Chapter 4: A Brief History of Lemon Law (page-03) 
3. If the defect was latent but known to the seller at the time of sale (and not to the buyer), then the sale was void and the seller was guilty of sin. 1603: England, Caveat Emptor Unfortunately, merchants paid little heed to Saint Thomas Aquinas’s rules for responsible sellers, following instead another doctrine: caveat emptor, or let the buyer beware. Legal historians place the first formal application of the concept in the 1603 case of Chandelor v. Lopus. In that case, the seller sold what he claimed was a bezoar stone said to have magical healing properties. Strangely enough, the stone turned out not to be the real thing, so the buyer sued. Continue reading Chapter 4: A Brief History of Lemon Law (page-02) 
“Human history becomes more and more a race between education and catastrophe.” -H. G. Wells, the Outline of History In the Beginning There Was Commercial Chaos There have always been those who would sell you an ox cart made from rotting wood with wheels shaped like footballs. Warranty law is by no means a new thing, but it has been slow in developing. AD 1250: St. Thomas Aquinas Weighs In Continue reading Chapter 4: A Brief History of Lemon Law (page-01) |
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