'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” laws of the United States. Yes, there are a lot of them, and it's true. But to say that the United States in terms of laws is a “stupid” country is fundamentally wrong. Stupid laws can be found in any country. They, as a rule, correspond to the way of life and mentality of the inhabitants of a particular country and a particular time period,” the author writes. blog “How Wrong to Live in the USA” on Yandex.Zen. 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 in this country it is not customary to repeal old laws for reasons that I personally do not know - they just add new ones.
The only exception known to me personally, and to many of you, is Prohibition, which was in force in the United States from 1920 to 1933 and was repealed. The old laws were quite appropriate in their 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 United States that deserve to be looked at carefully and thoughtfully. For the purpose of borrowing and implementation on the territory of 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".
Lemon Law (lemon law, or lemon law) is federal and has been ratified in all 50 states. This law applies to purchased new cars, motorcycles, RV (motor home or motor home), motor boats and some types of sophisticated 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 a factory warranty, usually 1-2 years. According to the “lemon law”, the dealer tries to eliminate the defect within 30 days or 4 attempts. That is, if the car has been repaired by a dealer at least 4 times, but the defect has not been eliminated, then you, as a buyer and consumer, should not worry at all about 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 owes you back all the taxes you paid, which is a very substantial amount, including the registration of the car with the state police.
Dealers really do not like this law and try in every possible way to dodge it by hook or by crook. This law hits the dealer's pocket hard and is a direct loss. Large dealers keep a lawyer on staff, whose task is all sorts 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 have come face to face with this law, so I know firsthand about it. It was in 1998, in a small California town on the Pacific coast. I had been living in this town for 3-4 years already, when Mishka from Serbia arrived there. His name was Serbian, but when meeting me and my friend, he introduced himself as Mishka. So he remained Mishka for us.
The bear turned out to be about my age and a cool right guy. He arrived with his beautiful wife Sandra for permanent residence. Since Misha's own father had been living here for several years, he challenged them. Mishka is a typical child of the 1990s, only from Serbia. And so everything is the same as in Russia: an athlete, a fighter and just a handsome man. It seems that he was the champion of Belgrade in underground fights without rules.
He got a job at a private pool cleaning company, 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 everything is smooth in his life. Like me, Mishka grew up poor and had nothing in his childhood. Like me, he immediately began to catch up with "lost in youth" in the "country of endless possibilities."
We are very similar, except for some details. Firstly, I came to the USA with $100 in my pocket, and Mishka had much more - they earned on fights without rules. Secondly, he is used to solving problems with a swoop and fist-legs. It works great on the street, but not in real life. I also include physical strength, but less and less. First, I try to turn my head. It happens that it doesn't work. 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. Beautiful and fast, in my unprofessional opinion. And, dear, it cost Mishka $18 at the time. Apparently, he had enough of his personal money. I am rasulked for him - so quickly and easily he realized his dream.
Bear by nature is also an avid pedant. He was blowing dust off the motorcycle. Run it in all the rules and settings. He began to drive on it only after the break-in. Yes, and drove dosed - dope from a motorcycle did not bounce. He and my friend and other fans often went on their "rides".
Then something unpleasant and unforeseen happened - his motorcycle began to leak gearbox and transmission. Mishka took him to the dealer. The bike was repaired there for about a week. Mishka rode for another week without problems, and then on a new one, the same thing. And so in a circle. After 2 months, Mishka was going to go beat all the staff of the BMW office in our town. Previously, he and my friend wanted to change the motorcycle for another, but they were denied this. A couple of times they talked with the lawyer of this branch of BMW, but he found all sorts of legal 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 a fairly decent experience of legal communication with various authorities on various occasions. But at that time I had no such experience.
I went to the library and began to study the laws. I came across the "lemon law" in literature. Having carefully studied the law, I thought it over from all sides and came to the conclusion that in this particular case, the services of a lawyer would be needed. Accordingly, I studied several lawyer cases on this subject, which strengthened my intention, for without a lawyer such a case could drag on for several years.
I decided that the lawyers of our small town had already been “bought” for sure and long ago 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 saw 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 explained the essence of the matter to him on the phone, he, having scanned the documents for the motorcycle, sat down at the computer to write a letter to the head office of BMW in the USA. He already had a template for such a letter in his computer, so writing it took about five minutes. The lawyer then immediately sent an email. I got up from my chair and got ready to leave already, tentatively intending to ask him how long this case would last based on his experience.
The lawyer offered me coffee. Along the way, he told me a couple of funny, in my opinion, judicial cases on this topic. I listened carefully and did not interrupt. Asked questions that I had. While we were talking, the answer came to our letter to BMW. The lawyer read it out loud and printed out a copy for me.
It was written something like this: the head office of BMW in the USA offered Mishka to go to the BMW branch in our town at any time convenient for him and get a check for the full cost of the motorcycle and all contributions and taxes paid by him. In addition, Mishka was given permission to use the same motorcycle for 30 days.
I spied on the computer screen a postscript for a lawyer. He was told by BMW headquarters that it was mailing a check for $4 for his legal services. Not bad, for five minutes of work and a couple of cups of coffee and cookies? That's what I think.
Mishka and my friend did not believe me until the next day, when they took the money and the motorcycle from BMW. My authority has skyrocketed, although you now know that actually my work here is really worth a penny. For another 30 days, Mishka bounced crap out of this motorcycle in full. And you know what's amazing? As soon as he stopped “lisping” with this motorcycle, all problems disappeared, as if they had never existed. Mishka even began to express the thought aloud: maybe keep it for yourself? I told him that if he does this, I don't even 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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