Thailand: The Lemon Law Bill is now open for public hearing

In brief

Subsequent to our previous newsletter regarding the draft Defective Product Liability Bill ("Lemon Law Bill"), the Office of the Council of State has updated the Lemon Law Bill and it is now open for public comments until 12 December 2023.


Contents

In depth

The following key updates are made to the previous draft prepared by the Office of Consumer Protection Board.

No.  The previous Lemon Law Bill The current Lemon Law Bill
1.  Specific definitions for the terms "Business Operator" and "Consumer." Broader definitions for the terms "Seller" and "Buyer" (there may be room for interpretation by the competent authorities).
2.  All provisions are applied for the purchase or hire-purchase of electronic devices, personal cars, personal motorcycles, and other products that may be specified later. There are general provisions for general products and additional specific provisions for cars, motorcycles, electronic devices, and engines.
3.  It does not apply to the purchase or hire-purchase of a used product, a product that is sold as is, or a product purchased at an auction. It does not apply to a used product and a living animal.
4.  Presumed liability is applied for defects in a product found within one year of the delivery date. Presumed liability is applied for defects in a product found within six months of the delivery date.
5.  The period to claim for defects in a product is limited to two years from the date that a consumer detects the defects in a product or the date that a business operator refuses to perform duties as requested by the entitled consumer. The period to claim for defects in a product is generally limited to one year from the date that a buyer detects the defects in a product or the date that a seller agrees to repair a product or change a product or decrease the selling price (two years in certain cases).

 

Please contact our team at Baker McKenzie for further information regarding the Lemon Law Bill or the public hearing. We will keep you updated if there is any significant progress.


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