The lemon law in Singapore – Consumer Protection (Fair Trading) Act
Published on February 12, 2013
As a consumer, you would be able to make a claim for a defective product (also known as lemons) sold to you within 6 months of purchase. It is compulsory for a seller of a defective product to repair, replace, refund or reduce the price of the defective product (subject to certain conditions). This is provided for under the newly implemented lemon law that is encapsulated in Part III of the Consumer Protection (Fair Trading) Act.
How does the law define “defective product”?
Pursuant to the lemon law, a product is defined as “defective” if it does not conform to the agreement at the time of delivery. This definition is found in section 12B (1) (b) of the Consumer Protection (Fair Trading) Act.
Possible scenarios where a product sold does not conform with the agreement include:
Where the product does not correspond with their description; or
Where the product is not of a satisfactory quality; or
Where the product is not fit for any purpose communicated to the seller before the point of purchase.
Time limit
If you find that you have bought a defective product, you should first ascertain whether the product had been purchased within the past 6 months. If it was indeed so purchased within the past 6 months, remedies are available. However, if the nature of the goods is such that it is not meant to last beyond 6 months (e.g. consumable or perishable products), such products would not then entitle the buyer to the lemon law remedies.
Remedies available to the buyer
The buyer should bring the defective product back to the seller to ask for one of the following:
Repair of the defective product within a reasonable time at the seller’s cost; or
Replacement of the defective product within a reasonable time at the seller’s cost.
The entitlement to repair or replacement will be unavailable if repairing or replacing the defective product would be either impossible, or disproportionate in cost.
Additional remedies subject to certain conditions
Additionally, if the seller fails to repair or replace the defective good within a reasonable time, or if repair or replacement would be out of proportion in cost, the buyer may ask for:
Reduction in price of the defective product; or
Refund for the defective product.
What to do if the seller refuses to make good the defect
Should the seller refuse to make good on a defective product sold to you, you should bring the issue up to the Consumers Association of Singapore, a non-profit, non-governmental organisation dedicated to protecting the consumer interest, to have them look into the matter on your behalf.