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The Basics of Philippine Lemon Law: / Featured Article
The Basics of Philippine Lemon Law: / Featured Article
/ FEATURED ARTICLE
Did you know that the Republic Act No. 10642 or the Philippine Lemon
Law which took effect in 2014 can protect your consumer rights against some
car dealers’ trade malpractices? In order to help enlighten you of its basics,
here are 10 FAQs (frequently-asked questions) that we compiled.
Any factory defects found in and around the brand new unit that don’t meet the
When and how can the consumer avail his/her rights under the law?
The consumer may request (in writing) the dealer to have the defective unit
fixed within the 12-month time period for at least 4 attempts. This, however,
comes with an agreement that the consumer must return the unit within 30
days from the previous repair attempt, should the issue still persist. If
unreturned within 30 days, the previous repair may be considered as
successful.
If the dealer didn’t resolve the issue beyond 4 attempts or if the issue persists
after several repairs, the consumer may then issue a Notice of Availment of
Lemon Law Rights to the dealer. If both parties agree with the notice, the
consumer shall then return the unit for a final repair attempt. If the dealer still
fails to resolve the issue, the consumer can bring the case up to the
Department of Trade and Industry (DTI) for assistance.
This aspect of the law is important so as to protect the honest dealers’ rights
against some consumers who may have wrongful intentions that would damage
credibility and reputation.
Is there any compensation for the customer during repair of the unit or
availment of Lemon Law rights?
Yes. During the period of unit repair or availment of Lemon Law rights, the
If it’s proven that there's no defect on the unit, the DTI will order the consumer
to pay or reimburse the total amount that’s spent by the dealer in repairing the
otherwise non-defective unit.
Yes. Both parties can seek help from the DTI in appealing the case within 15
days after the decision has been made. This, of course, has a few grounds to
meet, most especially with regard to the possible factual errors in the decision-
making.
These are 10 of the basic questions that we hope will help you in better
understanding the Philippine Lemon Law. Not only does it protect your rights as
a car buyer, it also protects the rights of those honest car dealers. For a more
in-depth look at the Lemon Law, check out the Official Gazette of the Republic
of the Philippines.
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