Roverlab said:
Anybody have any info on lemon laws and if they apply to garden tractors? I'm tired of wife referring to my BX as the Orange Lemon, and I'm tired of not being able to rely on the tractor.
I'm in PA.
Trevor
I don't know what type of problems you have with your Kubota or how long it has been in service...
If you believe that the Dealer has refused to honor the Manufacturer's Written Warranty to repair or repairs performed have not been properly done or the Tractor has a significant defect... it's probable that you have a legitimate reason to go forward.
The cornerstone to Consumer Protection is that the Problem must SIGNIFICANTLY affect the product USE, VALUE or SAFE OPERATION as defined by the Manufacturer's Intended Product Use.
Alterations, Misuse, Improper Maintenance and items that are not deemed to by Significant do not count. It is doubtful that fading or chipped paint would qualify as an example.
Does your State have a Department of Consumer Affairs or Consumer Protection or Consumer Product Safety Commission for Safety Issues?
Lemon Laws vary from State to State with the basis found in the Federal Law called the Magnuson-Moss Warranty Act.... here is a link from the Federal Trade Commission.
A Businessperson's Guide to Federal Warranty Law
Many States, such as California, have also enacted companion statutes to further empower consumers in market place disputes. In California it is called the Song-Beverly Consumer Warranty and here is the link:
Song-Beverly Consumer Warranty Act- Pertaining to California Lemon Laws
The key is that these protections are generally for Consumers and NOT available to items purchased for business use.
I'm a California State Certified Lemon Law Arbitrator and here is what I often recommend....
Contact the owner of the company directly one last time and explain that you are here to make absolutely certain that there is nothing the company can offer in the way of assistance... this is key because 1. You are certain to get someones attention and 2. You have put the Dealer on Notice that this is your final attempt before taking your complaint to the next level.
The next level is filing complaints with your States Office of Consumer Protection, The Federal Trade Commission, The Manufacturer, Local Better Business Bureau and Media Consumer Reporters.
In California, the Better Business Bureau is authorized by the State to schedule Aberrations as a method to resolve Consumer Disputes.
You also have the option of filing a Court Case.
I highly recommend that you politely put the above in a one page letter and have it with you to give to the owner or general manager when you go to the Dealership.
Explain that all you want is the reliable tractor that you thought you had bought and be specific in what you want the Dealer to remedy.
I've added the following...
In your previous posts you have mentioned Messick's in Elizabethtown, PA is the selling dealer... I've done some business with them and have no complaints... What does Messick's say it's worth today? How close are they to the $11,500 figure you mentioned that you would sell it for?
Realize, that most Lemon Laws make an allowance for usage and owner caused damage, if any and after market items will need to be removed if a "Buy Back" is awarded...
I wish you the best of luck!
