Knowing Your Consumer Rights on Products and Services
A Woman Today's advertisement caught my eye. It says, "Do you know that women purchase 81 percent of all products and services?" Many women, as consumers, tend to shy away from controversy, and do not confront vendors when they are not satisfied; many may not know how they can legally deal with vendors when a product or service doesn't meet expectation.
The State of Minnesota, like most states, has many laws on its books protecting consumers. This article will give you background information on some of the laws regarding product purchases and repairs.
You should do your homework prior to hiring anyone to perform a service. Make sure that professionals such as contractors, plumbers, electricians, or repair shops have the required licenses and are bonded and insured. Certain work requires work permits and inspection by a government agent upon completion. If you are purchasing products, read the manufacturer's warranties.
If you have purchased a product from a retailer in Minnesota, the law requires the store to accept its return, with proof of purchase, within a reasonable time after purchase. The store must give a cash or credit card refund to the purchaser upon request, or shortly thereafter issue a check to the purchaser for the purchase price. A retailer can be excused from this mandatory return requirement only if the retailer has posted a conspicuous written notice detailing a different return policy.
If a product cannot be returned to the retailer, and is defective, it may be covered under a manufacturer's warranty. It is important to keep all receipts and written information that come with the product. If another professional is installing a product for you, make sure that the professional gives you any manufacturer's warranty information as well.
If you have purchased a vehicle that turns out to be a "lemon," you may be entitled to a refund of all or part of the purchase price under the Lemon Law. If the vehicle was purchased (or, in some circumstances, leased) while the original manufacturer's warranty was still in effect, and you report a defect during the warranty period, or within two years, whichever is first, the manufacturer or its authorized dealer must repair the car per the warranty if the defect was covered, even if the warranty has expired. The car is a "lemon" if, after reasonable attempts to repair it, the defect cannot be remedied.
Some used cars are covered under the Used Car Warranty Law. A dealer must give warranties against certain defective parts on some cars and trucks. The warranty will last for thirty days or 1,000 miles for vehicles with less than 75,000 miles on them; or for sixty days or 2,500 miles if the vehicle has less than 36,000 miles. It must also disclose if the vehicle has been damaged to an extent of over 70 percent of its value, or has been salvaged. Note that not all cars sold by dealerships must be covered, and you should make inquiries before purchasing a car in reliance on this warranty.
The Truth in Repair Act protects consumers from being overcharged for repairs to motor vehicles, appliances, or dwellings. A consumer has the right to request a written estimate with a detail of the work to be performed and parts and materials to be provided. If the estimate of the repair is between $100 and $7500, a repair shop cannot charge more than 110 percent of the written estimate for the repair without the customer's authorization. The shop cannot charge for unauthorized repairs.
The shop must return the replaced parts to the customer, if the customer made the request prior to authorizing the repair, unless the shop is required by the manufacturer or distributor to return them for warranty or exchange purposes. The customer has five days to inspect the exchanged parts after completion of the repairs.
Home improvements and repairs may also be covered by statutory warranties. Contractors building new homes, or doing projects to existing homes that involve major structural changes or additions, must warrant that a new home or remodeling project will be free from defects caused by faulty workmanship or defective materials for one year.
Plumbing, electrical, heating, and cooling installations must be free from defects for two years. The home must be free from major construction defects for ten years. It is important, in order to be protected under this warranty, that you report any suspected defects to the vendor within six months of discovery.
What should you do if you are faced with defective goods or services? First and foremost, do not wait to report the problem to the vendor. Doing so may cause you to lose any warranty protection you may have. Register your complaint in writing, date it, and keep a copy for yourself. A reputable vendor or manufacturer will work with you to resolve the problem. Document all conversations you have, when, and with whom. Keep all correspondence on the matter.
Licensed professionals are subject to rules imposed by the Commissioner of Commerce, who may conduct an investigation into a complaint about the licensed provider. The Department of Commerce may be able to intervene on your behalf or have reparation funds available.
Many times the department will ask that you seek the advice of an attorney first. The attorney can determine whether there are consumer protection laws in place to help resolve the problem and the steps necessary to protect your claim. Knowing what your rights are should make you more comfortable in dealing with problems that arise with products or services for which you have already paid.
The information contained in this article is not intended to be legal advice or to create a contract between the reader and the author. The reader is encouraged to seek appropriate legal counsel and not to rely on the information contained herein.