What Is The Magnuson-Moss Warranty-Federal Trade Commission Improvement Act?
The MagnusonMoss Warranty Act is a federal Law that protects the buyer of any product that costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should.
The MagnusonMoss Act is a federal law giving consumers considerable rights in dealing with manufacturers and cardealers of lemon automobiles. This law guarantees a car buyer that certain minimum requirements of warranties must be met, and provides for disclosure of warranties before purchase.
Regarding lemon cars, this law greatly affects the rights of car buyers. For any product that has a written warranty, if any part of the product, or the product itself is considered defective, the warrantor must permit the buyer the choice of either a refund or replacement of the product.
We have argued successfully to juries that the lemon manufacturers and cardealers should be given three (3) attempts to fix the defect. Continued attempts to repair beyond the initial three (3) should not be allowed. We call this the three strikes and you`re out principle.
A consumer may pursue legal action in any court of general jurisdiction in the United States to enforce his rights under the MagnusonMoss Act. Attorney`s fees based on actual time spent will be covered if the consumer prevails.
Due to this particular condition, there is quite a bit of financial pressure on the manufacturer to settle consumer disputes before going to court, as this would keep their expenses down.
T. Michael Flinn, www.defect.com, writes this information.
Other Lemon Law Attorney FAQs
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Q:
Do I Have A Lemon?
A: If the paint is peeling, the light switch came out when you pulled on it, the car makes funny noises but otherwise drives just fine, or you found 10 things you don`t …
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Q:
Are Motor Homes And Motorcycles Protected By Lemon Law?
A: Most States cover the drive train portion of Motor Homes (that part which is not used for dwelling purposes). Motorcycles are generally not covered but a few states do …
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Q:
Are Used Or Leased Cars Protected By Lemon Law?
A: It depends upon which State the car was purchased or leased in. Some states include used and leased cars in their Lemon Law statutes. Some states have separate laws …
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Q:
What Is The Uniform Commercial Code?
A: The Uniform Commercial Code or UCC has been enacted in all 50 states and some of the territories of the United States. It is the primary source of law in all contracts …
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Q:
What Can I Expect From A Manufacturer For My Lemon?
A: A full purchase price recovery should include the price, sales tax, finance charges, and repair costs, but a reasonable amount will be excluded to cover any mileage …
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Q:
Who Pays The Lawyer?
A: Only about half of the states allow you to recover attorney fees. If your attorney sues under the MagnusonMoss Warranty Act, you will be awarded attorney fees if …
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