Consumers whose vehicles cannot be qualified under the Lemon Law can file their claims under the Magnuson-Moss Warranty Act. This federal law is predominantly used in cases when new vehicle owner cannot qualify under Lemon Law because he either has bought a type of car which is not covered by his state Lemon Law or Lemon law rights period has expired.
The Magnuson-Moss Warranty Act is a federal law that covers nearly all consumer products, including vehicles. According to the Act, the manufacturers and sellers of consumer products must conspicuously disclose in easily understood words the warranty coverage. The Act regulates legal rights of consumers and obligations of manufacturers, including automakers, under written warranties.
If the automaker has breached its warranty consumer is eligible for cash damages as well as attorneys fees and costs. A number of damages are measured by loss of financial worth of a car due to defects. Breach of warranty case can be filed either in case if a defect vehicle has not been fixed after reasonable repair attempts. The warranty is considered breach when the dealership took more than three attempts to repair the vehicle even if the defect was ultimately fixed, and the consumer still has a breach of warranty case.
A plaintiff`s cause of action under Magnuson-Moss Warranty Act may be based on misrepresentation of vehicle safety in advertising and sales promotion which can be argued under a theory of express warranty breach. The damages can be recovered if the plaintiff`s attorney will be able to prove that the consumer-trusted the representations that were made but the manufacturer failed to guarantee the safety of its car as advertised.
If your new car has defects which cannot be fixed contact a qualified lemon law attorney who can estimate whether you can file a breach of warranty claims under your state`s lemon law or Magnuson-Moss Warranty Act.