Well, there are still disclosure laws that protect the buyer. A used car dealer is required in most states to disclose known issues about a vehicle. Also, you must provide a CarFax report upon request
However if you bought it and there was an unexplained fluke then there is nothing wrong with what the dealer did and they cannot be held responsible. If you wrote a website and claimed to the client it would increase business and they would show up in search engines and they didn't then there are truth-in-advertising laws that would be used. What I am getting at is that warranties seem to all be implied because there are laws to back it up. If I claim to serve edible food, but do not do that, the customers have recourse available because there are legal standards set even without the health code standards. The Constitution claims the following: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." It comes out and claims that the purpose of the government is to promote the general welfare. I think that if a person chooses to operate a business then they do have certain guidelines the must follow, if somebody chooses to serve food in their establishment I have no problems using laws and standards to ensure that the food meets or exceeds certain standards. We don't have time as individuals to watch every single thing we purchase in order to make sure we are not getting screwed. Don't get me wrong, government intrusion into the private lives of citizens is a problem, however a restaurant is something that serves the public, while I don't have to always eat there, if I choose to do so there should be standards in place. > -----Original Message----- > From: Dana Tierney [mailto:[EMAIL PROTECTED] > Sent: Wednesday, July 02, 2003 1:57 PM > To: CF-Community > Subject: Re: woo hoo > > mmm.... again I am not an attorney. I was interested in the concept > because > I once bought a car for $2000 which went 50 miles and blew an engine. Now, > I bought the car as is but you expect more than that for 2000 dollars. > Fortunately I had financed 1500 of it and this was resolved by towing the > car back to the dealer and telling him not to expect any further payment. > I > was not able to get the down payment back however. Lemon laws apply to new > cars only. > > This is not so much a law as a concept, whose implementation varies from > state to state. It applied in the above case (FL) because I bought the car > from a dealer and I do not claim particular mechanical knowledge, just > enough to be very sure I had checked the oil and water in the car before I > drove it. However Florida is not known for its consumer protections and I > was talked out of trying to sue for my $500... potential benefit did not > outweigh risks and costs. > > For example, suppose I wrote a web page for someone, oh a small deli let's > say. I tell him this can bring him in business and I will do the work to > make sure he comes up in search engines. Here I am the expert, making a > claim to someone who knows nothing about my field. Concievably there would > be an implied warranty even if nothing is in writing. > > YMMV > > Dana > > Nick McClure writes: > > > The short definition however claims that the guarantee is imposed by > law, > > meaning the standards for the sale are legally binding for everyone in > the > > same situation. > > > > We have lemon laws for cars and boats, we have laws the govern housing, > the > > warranty is implied because the laws have made standards, if the seller > > enters into an agreement it must a lawful one. > > > > > -----Original Message----- > > > From: Dana Tierney [mailto:[EMAIL PROTECTED] > > > Sent: Wednesday, July 02, 2003 12:21 PM > > > To: CF-Community > > > Subject: Re: woo hoo > > > > > > Here it is appled to buying a car > > > law.freeadvice.com/general_practice/ guarantees/warranty_fitness.htm > > > > > > A short definition > > > http://www.lectlaw.com/def/i015.htm > > > > > > applied to boats > > > http://insurance.cch.com/rupps/implied-warranty.htm > > > > > > applied to rental property > > > http://www.landlord-tenant-online.com/stories/20020301.shtml > > > > > > Dana > > > > > > > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Archives: http://www.houseoffusion.com/cf_lists/index.cfm?forumid=5 Subscription: http://www.houseoffusion.com/cf_lists/index.cfm?method=subscribe&forumid=5 This list and all House of Fusion resources hosted by CFHosting.com. The place for dependable ColdFusion Hosting. http://www.cfhosting.com Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
