questions & answers

Question: Is there a "lemon law" for refridgerators. We have a fridge less than 4 years old, the compressor went out and GE fixed it without charge. Then a month and a half later the freezer stopped working. It was repaired, then broke again one month later. Repair men have been out to the house multiple times and can't fix it. GE is stating that they will give us a discount on a new model but will not replace under the limited 5 year warranty. Do we have any legal rights in AZ? Thank you.

Answer:

Arizona Lemon Laws and the federal Lemon Law (The Magnuson-Moss Warranty Act) provide for compensation to consumers of defective automobiles, trucks, and other vehicles and products, including consumer appliances.  The Magnuson-Moss Warranty Act protects the buyer of any product which costs more than $25 and comes with an express written warranty.  Generally, to qualify under Magnuson-Moss, you must have a product that suffered multiple repair attempts under the manufacturer's factory warranty. 

The first place to look in any case with a defective product is the warranty.  Depending on the terms of the warranty, there may be a claim for breach of warranty.  Alternatively, there may be a claim for breach of contract if the product is not as it was represented to be at the time of purchase.  For example, a claim may arise fro a dishwasher that is sold with a claim that it uses less electric energy to run but in fact uses twice as much energy.  Which claim may arise will depend on the terms described in the contract and the provisions in the warranty.  There are no specific Arizona lemon laws regarding consumer appliances such as refrigerators.  However, Arizona's laws regarding contracts for the sale of goods and warranties are found in Arizona's version of the Uniform Commercial Code, located at A.R.S. Title 47. 

To determine whether you have a claim under breach of contract, breach of warranty, or any other law, consult an attorney.