Furniture Lemon Laws

By Christie Gross
Certain laws provide consumer protection for defective furniture.

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Lemon laws apply to products with a defect that impacts its function in some way. Although no furniture lemon law exists as of 2010, the federal lemon law applies to all new products with a purchase price of $15 or higher and thus extends to most furniture covered by a written warranty. The federal lemon law is called the Magnusom-Moss Warranty Act. It requires manufacturers to provide clearly written warranties detailing the terms and conditions. In addition, consumers receive certain protections under other federal and state laws.

Magnusom-Moss Warranty Act

The Magnusom-Moss Warranty Act guarantees the manufacturer to uphold the conditions of the warranty. This means he must repair and replace a product purchased for personal use with a defect in a reasonable amount of time. If the manufacture doesn't honor the contract or refuses to abide by it, then the consumer is able to file a claim against the manufacture for breach of contract. The consumer is permitted to seek replacement of the product as well as compensation for expenses associated with the issue, including legal fees. The statute of limitations is four years from the date of purchase. The Magnusom-Moss Warranty Act only covers new furniture purchased from a manufacture or retailer valued over $15 with a warranty.

Implied Warranty

When furniture is sold without a warranty, a consumer is still afforded certain protection from product defects known as an implied warranty. It is a seller's promise that the furniture he sells performs the function it is intended to serve without flaw. For example, if a seller sells a table to an individual and the table's leg wobbles and is unable to solidly support things placed upon it, then the law requires the seller to repair or replace the item.

Furniture Fraud Regulations

Certain states, like New Jersey, have laws to protect consumers from deceptive furniture retailers and delivery services. When a company fails to deliver furniture by the agreed upon delivery date, the company must provide a written explanation to the consumer stating they are unable to honor the delivery date and then give them the option of canceling the order without penalty. In addition, the company must deliver the furniture to the specifications promised at the time of sale or the consumer is permitted to cancel the order and receive a full refund. The company must deliver the furniture so it arrives without damage and in good working order. When it arrives with a defect, the company must remedy the issue. If a company fails to adhere to the provisions under the state's Consumer Fraud Act, it's subject to sanction.

About the Author

Christie Gross has been writing since 1998. Her work writing public policy platforms for elected officials nationwide has been featured in national and local newspapers under various client pen names. Gross has a Bachelor of Arts in English and political science, as well as a Master of Public Administration from the University of Delaware.

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