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What is Lemon Law & How Can It Protect Used Car Buyers in M’sia?
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What is Lemon Law & How Can It Protect Used Car Buyers in M’sia?

Learn everything about Lemon Law and understand why its adoption is crucial in our country.

in Insights
22/01/2024
Reading Time: 4 mins read
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The term “lemon” is used to describe a defective vehicle. It’s important to note that lemon laws apply not only to cars but also to any product with a lifespan exceeding six months, encompassing items like cars and electrical devices. A lemon law compels manufacturers to take responsibility by either refunding or replacing defective products.

So, what is Lemon Law and why it’s crucial to learn about it now?

The government is currently analyzing how lemon laws can protect consumers from defective products

lemon law

According to Domestic Trade and Cost of Living Minister Armizan Mohd Ali, the government is currently reviewing and researching the potential adoption of a “lemon law”. The Consumers’ Association of Penang has been urging the government to introduce a lemon law, which would provide legal recourse for consumers who buy vehicles, regardless of their age, that do not meet quality and performance standards within a specified timeframe.

Armizan indicated that the government is taking these calls seriously and is exploring the feasibility of implementing a lemon law. The purpose of such a law would be to protect consumers who purchase defective vehicles by providing them with legal remedies if the vehicles fail to meet the expected standards of quality and performance within a certain period. This demonstrates the government’s commitment to addressing consumer concerns and ensuring fair treatment in the marketplace.

But, will it impact the prices of used cars?

According to lawyer Fahri Azzat, implementing a lemon law on used-car dealers could potentially lead to higher prices for second-hand vehicles. This is because enforcing stricter quality control measures would require additional manpower and increased hours of work. From a practical standpoint, implementing such measures would incur additional costs, which could be passed on to consumers in the form of higher prices for used cars.

Let’s take a look at countries that have adopted a lemon law

Several countries, including the United States, Singapore, South Korea, China, and the Philippines, have implemented lemon laws. The adoption of lemon laws in these countries demonstrates a commitment to consumer rights and ensuring fair treatment in the marketplace.

In the United States, lemon laws exist at both the federal and state levels, providing consumers with protection when purchasing defective vehicles. Each state has its own set of regulations, but most require a certain number of repair attempts or days out of service before qualifying for a refund or replacement. 

While in Singapore, lemon law protection extends beyond just automobiles and covers all consumer goods. The Consumer Protection (Fair Trading) Act provides consumers with the right to seek redress within a certain duration of purchase if the product is found to be defective. Consumers can choose between a repair, replacement, or refund, depending on the nature of the defect. This comprehensive lemon law aims to safeguard consumer rights and promote fair and transparent transactions across various industries.

lemon law

South Korea has also implemented a robust lemon law to protect consumers who purchase faulty vehicles. The Automobile Industry Promotion Act provides consumers with the right to demand compensation or a replacement vehicle if their newly purchased car exhibits significant defects within a specified period. This law is enforced by the Korea Consumer Agency, which ensures that consumers are treated fairly and receive appropriate compensation in the case of lemon vehicles.

Meanwhile, China has recognized the importance of lemon laws in protecting consumer rights, particularly in the automobile industry. The country implemented its own lemon law, focusing primarily on automobile defects. Under this law, consumers have the right to return or exchange a vehicle within a specified period if it demonstrates significant defects. Manufacturers are required to provide a written warranty to consumers, which further strengthens consumer protection. The Lemon Law in China is aimed at ensuring that consumers are not burdened with faulty vehicles and have legal avenues for seeking compensation or replacement.

The benefits of Lemon Laws

The introduction of a Lemon Law in Malaysia would not only benefit consumers but also encourage manufacturers and sellers to maintain higher quality standards. It would create a fair and transparent system that holds businesses accountable for providing reliable and defect-free products. Additionally, it would enhance consumer confidence, driving economic growth and increasing overall trust in the marketplace.

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