Legal Question in Business Law in Iowa
March of 2009 we bought a garden tractor from Sears.It had a 2 yr warrenty and this summer the engine starte acting up,wouldn`t hardly mow or pull itself.The service department at a store near by has been out 3 times now,they told us they thought we could declareit a lemon but said they are going to try a factory specialist first.
Am I allowed to declare the lemon law and request a replacement mower or at least a new engine for the mower I have?
1 Answer from Attorneys
The Code of Iowa chapter 322G defines your rights under the lemon law.
You didn't say where you bought the tractor and the law applies only to motor vehicles purchased or leased in Iowa, or purchased in other states if you were a legal resident of Iowa. So that's the first question: was it bought or leased under those conditions?
Also, did the seller provide you with all the required documentation and disclosure concerning the applicability of the lemon law that is spelled out in 322G and 61-30? If they did not, perhaps the seller does not consider that the lemon law applies to a garden tractor.
The next thing you have to answer is whether a garden tractor is a 'motor vehicle' as that term is defined in 322G(13) and I think it is not. Note that IAC 61-30 uses the same definitions as the code does.
A motor vehicle is a self propelled vehicle primarily designed for the transport of persons or property over public streets and highways, and here I think your claim fails because it can be argued that a garden tractor is not designed to transport persons or property over public highways. Were it so, it would be equipped with safety equipment, lighting, safety belts and all the other things that the DOT requires 'motor vehicles' to be equipped with to operate on the public roads.
But hey-if they're going to go along with you, I wouldn't tell them that they're wrong and should have hired me.
By the way, this is by far the most interesting question I have ever received in this program. Thanks for making my day.
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