15 Jun 2021
Correspondingly, apart from CaseTrust, we will also hear about Lemon Law but don’t understand how this law is can comply with the renovation (CaseTrust, 2020). Most of the time, people say defective products can go find Lemon Law or when you want to purchase a second-hand product without an official contract agreement, is this where Lemon Law comes into the picture? Somehow or rather, this may or may not be true, nevertheless, we have to understand what Lemon Law is before we start discussing it.
Lemon Law took effect on 1 Sep 2012 to protects the consumer against product goods that do not conform to contract or are not of satisfactory quality, or performance standards at the time of delivery (SSO, 2003), provide for under lemon law found in Part III of the Consumer Protection (Fair Trading) Act (CPFTA) in point 12(a) onwards (SSO, 2003) in Singapore Status Online.
Perhaps, Lemon Law can be applied when transactions do not conform to contract (CaseTrust, 2020). Hence, it does not apply to business-to-business (B2B) and consumer-to-consumer (C2C) transactions. Generally, Lemon Law covers all general consumer products purchased in Singapore but does not apply to houses, land, or rental/leased goods. Nevertheless, second-hand goods and vehicles are included but “satisfied” quality would take into account their delivery and amount paid. Additionally, Lemon Law does not apply to services business transactions say consultation or advisory services.
Lemon Laws are obliged to repair, replace, reduce the price, or provide a refund for defective goods. However, the consumer is “not” entitled to remedies under Lemon Law if the consumer had been told about the fault before he/she brought the item, or had damaged the item themselves, or misused the item and caused the fault, or tried to repair the item himself or had another someone else try to repair it and in the process damage it, or changed his/her mind and no longer wanted the item, or due to wear and tear situation (CaseTrust, 2020).
There are two stages of the recourse framework: firstly, you can ask the seller to replace or repair the product within a reasonable period of time. If the seller is unable to do so, proceed to the second step which you can either request for price reduction and keep the defective good, or a full refund and return the defective good.
Ministry of Renovation (MOR) will also update the news of lemon law related to renovation trades in Singapore. Homeowners may also refer to the Ministry of Trade and Industry Singapore (MTI, 2020) under general advisory on Amendments to the consumer protection (Fair Trading) Act and Hire Purchase Act (Lemon Law) for more example cases stated on the website.
List of References
CaseTrust, 2020. CPFTA & Lemon Law. [Online]
Available at: https://www.case.org.sg/consumer_guides_cpfta.aspx#:~:text=It%20is%20a%20law%20that,refund%20for%20a%20defective%20good.
[Accessed 02 Feb 2021].
MTI, M. o. T. a. I. S., 2020. General Advisory on Amendments to the Consumer Protection (Fair Trading) Act and Hire Purchase Act (Lemon Law). [Online]
Available at: https://www.mti.gov.sg/en/Legislation/Legislation/General-Advisory-on-Amendments-to-the-Consumer-Protection-Fair-Trading-Act-and-Hire-Purchase-Act
[Accessed 28 Apr 2020].
SSO, S. S. O., 2003. Consumer Protection (Fair Trading) Act (CHAPTER 52A). [Online]
Available at: https://sso.agc.gov.sg/Act/CPFTA2003#pr12B-
[Accessed 28 Apr 2020].