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'Lemon Law': An incredibly useful rule in the US that many immigrants do not know about

“Everyone or almost everyone has heard about the" stupid "US laws. Yes, there are many of them and it's true. But, to say that the United States in terms of laws is a "stupid" country is fundamentally wrong. Dumb laws can be found in every country. They, as a rule, correspond to the way of life and mentality of the inhabitants of a particular country and a specific time period, "the author writes. blog “How Wrong to Live in the USA” on Yandex.Zen.

Photo: Shutterstock

Next - from the first person.

In my subjective opinion, based on personal experience, the abundance of "stupid" laws in the United States is due to the fact that it is not customary in this country to repeal old laws, for reasons that I personally do not know, they simply add new ones.

The only exception known to me personally, and to many of you, is the Prohibition, which was in force in the United States from 1920 to 1933 and was repealed. Old laws were quite appropriate at the time. But in the eyes of contemporaries, they really look stupid, stupid, out of place and out of time.

But, there are laws in the USA that deserve to look at them carefully and thoughtfully. For the purpose of borrowing and implementation in Russia or other countries.

Among the laws of the United States that I have personally encountered, I would like to single out two: the law on the protection of your home, which is not applicable in all 50 states, and the "lemon law".

This Lemon Law (lemon law, or lemon law) is federal and has been ratified in all 50 states. This law applies to acquired new cars, motorcycles, RV (motorhome or motor home), motor boats and some types of complex consumer electronics.

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For example, you bought a new car from an authorized dealer. It turned out to be a factory defect, but the car is still under the factory warranty, usually 1-2 years. According to the "lemon law", the dealer tries to eliminate the defect within 30 days, or with 4 attempts. That is, if a car has been repaired at least 4 times by a dealer, but the defect has not been fixed, then you, as a buyer and a consumer, should not be bothered by this moment.

After that, the car is recognized as a “lemon” and is subject to immediate redemption by the dealer. In addition to the price of the car, the dealer must return all taxes paid by you, and this is a very substantial amount, including the registration of the car with the state police.

Dealers really do not like this law and try to dodge it in every way by hook or by crook. Since this law greatly affects the dealer’s pocket and is a direct loss. Large dealers keep a lawyer on staff, whose task is all kinds of legal tricks for such cases.

In fairness, I must say that factory marriage is quite rare. Each state has a separate layer of lawyers who specialize specifically in this law.

I happened to face this law nose to nose, so I know about it firsthand. It was in 1998, in a small California town on the Pacific coast. I have been living in this town for about 3-4 years, when Mishka came from Serbia there. His name was Serbian, but when he met me and my friend, he introduced himself as Mishka. So he remained the Bear for us.

Bear turned out to be about my age and a cool, right guy. He arrived with his beautiful wife Sandra. They came to a permanent place of residence. Since Misha had been living with his father for several years, he challenged them. Bear is a typical child of the 90s, only from Serbia. And so everything is the same as in Russia. Athlete, fighter and just handsome. It seems to be the champion of Belgrade in underground fights without rules.

He got a job in a private pool cleaning campaign, for which his father bought him a small working Nissan pickup truck. Looking ahead, I’ll say that today he himself is the owner of such a mid-level company and he has everything in life. Like me, Bear grew up poorly and had nothing in childhood. Like me, he immediately began to catch up with the "lost in youth" in the "country of unlimited possibilities."

We are very similar to him, apart from some details. Firstly, I came to the USA with $ 100 in my pocket, and Mishka had much more - he made money on fights without rules. Secondly, he is used to solving problems with a swoop and with fists and feet. It works great on the street, but not in life. I also use physical strength, but less and less. First I try to turn on my head. It happens that it doesn't work out. But this is such a thing.

So, the main Mishka’s dream was a beautiful, sporty and expensive motorcycle. Necessarily new, so that the fly does not land on it. I am not a fan of motorcycles and hardly understand them, so he discussed this topic with my best friend, who already had a Kawasaki Ninja sports bike.

After a short time, Mishka buys a completely new BMW 1200R motorcycle from an authorized dealer. Nice and fast, in my unprofessional opinion. And, dear - it cost Mishka $ 18 at that time. Apparently, his personal money was enough for him. Personally, I was happy for him - so quickly and easily I made my dream come true.

Bear by nature is also an avid pedant. He blew dust off a motorcycle. I run it in all the rules and settings. He began to drive on it only after a break-in. Yes, and he drove dosed - dope from a motorcycle did not knock. He and my friend and other fans often went to their "pokatushki".

Then the unpleasant and unforeseen happened - his gearbox and transmission began to leak on his motorcycle. Bear took him to the dealer. There they repaired the motorcycle for about a week. For another week, Bear skated without problems, and then on a new one, the same thing. And so in a circle. After 2 months, Mishka was about to go beat all the BMW office staff in our town. Previously, he and my friend wanted to change the motorcycle to another, but they were refused this. A couple of times they talked with the lawyer of this branch of BMW, but he found all sorts of legitimate excuses.

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My friend persuaded Mishka to talk to me about this topic, although he tried to solve everything himself "as expected". Do not take it for boasting, but at that time I already had pretty decent experience in legal communication with various authorities on various occasions. But, I have not had such an experience yet.

I went to the library and began to study the laws. I came across the "law of lemon" in the literature. Having carefully studied the law, I considered it from all sides and came to the conclusion that in this particular case, the service of a lawyer would be needed. Accordingly, I studied several lawyer cases on this topic, which strengthened me in my intention, because without a lawyer, such a case could last several years.

I decided that the lawyers of our small town have probably been bought for a long time by such a large dealer as BMW. So I dialed the phone number of a lawyer for similar cases from San Francisco (California). The first one I got in the phone book.

The lawyer, right off the bat, showed remarkable enthusiasm for my call. He invited me to come to him "right now." And although it was about 2 hours to get to his office by car, and the matter was already declining towards evening, the lawyer agreed to wait for me. I wrote the paper by hand, and Mishka signed it, that he trusts me to conduct legal affairs regarding his motorcycle. Taking my motorcycle documents with me, I drove to San Francisco.

The lawyer was already waiting for me, and since I had already explained the essence of the matter to him by phone, he scanned the documents for the motorcycle and sat down at the computer to write a letter to BMW headquarters in the USA. He already had a template for such a letter in his computer, and therefore writing took about five minutes. After writing, the lawyer emailed him right away. I got up from my chair and was about to leave, preliminarily going to ask him how long this business would last, based on his experience.

The lawyer offered me coffee. Along the way, the lawyer told me a couple of funny, in my opinion, judicial cases on this subject. I listened carefully to him and did not interrupt. He asked me questions. While we were talking, an answer came to our letter to BMW. The lawyer read it out loud and printed a copy for me.

It was written something like this: The main office of BMW in the USA suggested Mishka at any time convenient for him to go to the BMW department in our town and get a receipt for the full cost of the motorcycle and all the fees and taxes paid by him. In addition, Mishka was given permission to use the same motorcycle for 30 days.

In addition, I spy on the computer screen for a lawyer. He was told by BMW Head Office that he would send him a check for $ 4 by mail for his lawyer services. Not bad, in five minutes of work and a couple of cups of coffee with cookies? So I think so.

Bear and my friend believed me only the next day, when they took money and a motorcycle from BMW. My authority has skyrocketed, although you now know that actually my work here is really cheap. The bear knocked out crap out of this motorcycle for another 30 days already in full. And you know what is amazing? As soon as he stopped "talking" with this motorcycle - all the problems disappeared, as they were not. The bear even began to express his thought out loud - could he leave it to himself? I told him that if he did, I don’t know him.

Bear thanked me only after a while. He helped me in one difficult matter, in which initially no one wanted to get involved.

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