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The next time something you own suddenly stops working for no apparent reason, pause before you shell out money to replace it.
You could be covered under Maine’s implied warranty law.
This seldom-utilized law covers any product purchased in the state of Maine except used cars. Every non-perishable product, from toasters to televisions, falls under this law, intended to protect against faulty merchandise.
The Maine Consumer Law Guide features a three-pronged test for determining whether a product is covered by the warranty. If it was purchased in the state and is “so poorly designed or made that it is seriously defective and its use is impaired; you have not abused it, and it was purchased less than four years ago and is still within its normally expected ‘useful life,’” then there is a good chance that it can be fixed at no cost to you.
However, it is not as simple as showing up and demanding a new product. According to the Maine Consumer Law Guide, the consumer has to give the business that sold the product a draft letter and a notification of the product’s defect.
There is a lot of leeway on what can be considered the “useful life” of a product.
Even so, for expensive purchases like laptops and large home appliances, it can pay off to follow the procedures outlined to get a product fixed for free.
The biggest problem facing the law today is peoples’ lack of knowledge of its existence. Many businesses, even large chains such as Macy’s or Best Buy, see little use of the law, often only a few times a month.
“If that — it isn’t often at all,” said Danielle Faulkner, an operations senior at Best Buy in Bangor. “It’s not something that is widely known.”
In addition to that, the 10-page guide can mislead consumers into thinking they are covered for something they are not.
“People that do know about it sometimes don’t understand what it covers,” Faulkner said.
Many department store employees interviewed had no knowledge of the law at all. With such infrequent use, it seems evident that Maine consumers do not have a great deal of knowledge about its existence.
“I’d say in a year we maybe get five or six claims,” said Rob Mackenzie, a manager at the Bangor Mall Sears.
For many businesses, the implied warranty can move in on territory occupied by their service plans.
Best Buy’s “Black Tie Protection” is one such plan, which is often purchased along with the product. Maine’s implied warranty law covers a great deal of what the plan covers, with only slight discrepancies between them.
Other businesses have the same problem.
“There are things that this four-year plan covers that our service plan covers,” Mackenzie said.
However, the plans have differences that can cause misunderstandings.
“We’ve had people come in here saying that ‘this is covered under Maine’s implied warranty’ when it isn’t,” Mackenzie said. “As an associate, we don’t like it.”
Another problem with the law is the amount of time it can take for the product to be repaired or replaced.
“It’s not something that happens right off,” Mackenzie said.
The product’s claim must be reviewed to determine whether it was within its “useful life” and whether it was used properly. This can take time, and a claim may be rejected if it does not meet the criteria.
Still, for big-ticket items, an easier-to-use protection plan can cost a lot of money. According to Home Depot’s replacement plans, a product costing between $800 and $1,000 costs $189 to cover under a repair plan.
Determining whether the price of a service plan is worth its value is typically up to what the service plan covers. If it only covers defects and breakage under normal use, it is usually a safe bet to skip the extra cost.
Read the fine print carefully next time you buy a big-ticket item. Maine’s implied warranty law could provide the same coverage as plans the smiling salespeople want to sell you.
