How does the Uniform Commercial Code protect buyers of commercial vehicle lemons?
Richland, WA
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Posted 3 months ago in Lemon Law
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Our company purchased a semi truck in PA that has been in the shop over 10 times under warranty. I realize that we have no recourse under PA lemon law because the vehicle is not for personal use, but what is our recourse under the UCC? Can we expect a refund without an extensive legal battle?
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Answers (1)Ronald Lee Burdge
This attorney is licensed in Kentucky and 1 other state.
Posted 3 months ago.
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It depends on the time frame that those ten repair attempts occurred in, how serious the defects have been, and the financial solvency of the warrantor. In a commercial sale, your legal rights often depend on the sales paperwork you sign. Look there first for any warranty coverage and whether or not your problems are covered. Every state has a “commercial code” that covers all sales (both consumer and business purchases) and that may help you. Those codes have their roots in the early 1960's and most only give you the right to cancel a sale in very special circumstances but most of them don’t give you the right to recover your attorney fees if you have to hire an attorney. If you got any warranty at all (an oral nonwritten warranty might still qualify as a warranty under many state commercial codes), then if something goes wrong that is covered by warranty, the owner's obligation is to give the seller/manufacturer/warrantor a reasonable chance to fix it and their obligation is to get it fixed within a reasonable number of chances and within a reasonable amount of time. If they fail, then you may consider the warranty breached and be entitled to damages and, depending on your state laws, maybe even to cancel the sale. One of the ways to cancel the sale in many states is if the warranty fails of its essential purpose and the product is still in substantially the same condition as it was when you bought it. Whether it will be an expensive legal battle will depend on how serious the defects have been and how short a time it was that the ten repair attempts occurred within. The worse it is, the more likely an expensive and extensive legal battle may be avoided. To be sure how the law in your state works, you should talk to a Contract Law or Business Law lawyer near you. Call your local attorney’s Bar Association and ask for a referral to a nearby Contract Law or Business Law lawyer. But if you have a problem then you should act now because for every legal right you have, there is only a limited amount of time to actually file a claim or your rights expire (it’s called the statute of limitations), so don’t waste your time getting to a Business or Contract Law attorney and finding out what your legal rights are. If this answer was helpful, check the box below.
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