com/html/HotLinks_LemonUCC.html).Therefore the law allows an assumption on the part of the buyer to believe that the vehicle is free from defect unless that defect has been disclosed prior to purchase (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html).
The UCC mandates with regards to Lemon Law provision allows a buyer to reject a purchased vehicle and break the financial agreement if the vehicle is found to be defective within a reasonable time period from the purchase.
The time period that is considered to be reasonable is not clearly defined by the UCC however, it provides time for the buyer to take possession of the vehicle and have it inspected for defects by another party.
The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html)."
In the named case the UCC provided protection to the buyer because he had only driven a few miles before the vehicle refused to perform to the reasonable standard of a new vehicle.
The UCC also applies the Lemon Law to vehicle purchases that go beyond a few miles or days before the defects are discovered if the defects and such that immediate discovery would not be expected.
In addition the protection of the UCC is there for the buyer if the buyer was promised that any later discovered non-compliance with contract defects...
However, the first few miles that the buyer owns the vehicle are accepted by society and the UCC as "exciting" and telling as he or she begins to settle into vehicle ownership. The law understands this and consequently provides a reasonable time period for defects to be discovered and the contract broken.
References
New Jersey Lemon Law (accessed 3-9-07)
http://www.lemonlaw.com/new_jersey_lemon_law.html
UCC Overview (accessed 3-9-07)
http://www.michigan.gov/sos/0,1607,7-127-1631_8851-29412 -- ,00.html
Uniform Commercial Code Summary (accessed 3-9-07) http://autopedia.com/html/HotLinks_LemonUCC.html
Sunday, March 11, 2007
