New York Complaint regarding Defective Auto, Breach of Warranty, Motor Vehicle Warranty Act, and Magnuson Moss Act, Punitive Damages
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How to fill out Complaint Regarding Defective Auto, Breach Of Warranty, Motor Vehicle Warranty Act, And Magnuson Moss Act, Punitive Damages?
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FAQ
This law guarantees a car buyer that certain minimum requirements of warranties must be met, and provides for disclosure of warranties before purchase. When a warrantor fails to repair a car within a reasonable number of times, the warrantor will be liable to pay damages to the consumer under the Magnuson-Moss Act.
The Magnuson-Moss Warranty Act prevents written warranties from lessening the coverage provided by implied warranties. However, a written limited warranty may restrict the duration of an implied warranty to match its own.
How Does the Magnuson-Moss Warranty Act Protect Consumers? The Magnuson-Moss Warranty Act protects consumers by making it easier to file breach of warranty claims after purchasing ?lemons.? Most importantly, the Act allows consumers to recover attorneys' fees, court costs, and other expenses when they prevail.
To prevail under Magnuson-Moss, a plaintiff must show there is a valid warranty, the product was presented for repair during the warranty period, and the manufacturer failed to conform the product to the provisions of the warranty within a reasonable amount of time or number of repair attempts.
If the repairs are unsuccessful and the problem substantially impairs the value, use or safety of the vehicle, you may demand a refund or replacement vehicle.
The Magnuson-Moss Act doesn't require manufacturers or sellers of consumer products to provide written warranties. Instead, the Act requires manufacturers and sellers who do offer written warranties to clearly disclose and describe the terms of those warranties.
Similar to the California Lemon Law, the Magnuson-Moss Warranty Act entitles the owner of a new or used defective vehicle that is covered by warranty to a legal remedy if the problem cannot be fixed.
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Act requires warrantors of consumer products to provide consumers with detailed information about warranty coverage.