Breach Of Warranty
What Is The Magnuson-Moss Warranty Act?
The Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. (“MMWA”) is a federal law (basically a federal Lemon Law) that applies to all consumer product written warranties (including Motor Vehicle, Boat, and RV/Motor Home warranties).
In some situations, the MMWA uses parts of State warranty law for limited written warranties and implied warranties. For a majority of States across the nation, your product warranty is breached under the MMWA if defect repairs are untimely, repetitive, or unreasonably numerous.
Unlike the Arizona Lemon Law, which has an 2 year/24,000 mile period of coverage (whichever comes first), the MMWA applies to the entire time your manufacturer’s warranty is in effect, e.g., 3 year/36,000 mile bumper to bumper warranty or 5 year/60,000 mile power train warranty, etc.
What Can I Get For A Breach Of Warranty Claim?
The main type of compensation for an MMWA limited warranty breach is diminution in value CASH money instead of an Arizona Lemon Law refund or replacement. Diminution in value means that your vehicle was not worth what you paid for it at the time of purchase (the sales price) because of its defects and repair history.
Basically, you should get some of your money back from the manufacturer because you did not get the “new” vehicle value you paid for, but instead got the equivalent of a “used” worn down vehicle that should have cost you substantially less.
Under certain circumstances it may also be possible to obtain compensation for your aggravation and inconvenience caused by repeat repairs and/or your loss of use of the product. These are called incidental and consequential damages.
Although this type of compensation is typically disclaimed (excluded) in your manufacturer’s warranty, the disclaimers can be overcome if failure of essential purpose (failure to complete proper repairs within a reasonable opportunity) is proven.
Additionally, you are entitled to seek attorneys’ fees for MMWA claims and our Firm requests attorneys’ fees only from Motor Home, Car, RV, Boat, and Off-road Vehicle manufacturers as part of out of court MMWA settlements.
As always, with our FAIR FEE GUARANTEE our attorneys’ fees will NEVER exceed your out of court compensation.
Can My MMWA Breach Of Warranty Case Be Settled Out Of Court?
Fortunately, just like for our Arizona Lemon Law cases, the vast majority of our clients’ RV/Motor Home, and Offroad Vehicle MMWA cases (at least 95%) ARE SETTLED OUT OF COURT without any lawsuit being filed.
Those are pretty good odds in your favor to be compensated without ever having to step foot in a courtroom.
To see if your vehicle qualifies for Free legal help please enter the information requested in our FREE Lemon Law Evaluation page and then we will contact you to discuss your potential MMWA breach of warranty claim and compensation options.
There are warranty laws that apply to vehicles not covered by Arizona’s Lemon Law and you can still potentially be compensated with CASH if you qualify.As long as you’ve had excessive warranty repairs there are multiple other legal ways we can help you.
However, the most common reason the law would not apply to your vehicle is if the claims are timed out so don’t lose out on your rights to Compensation and FREE Legal Help by waiting.
“Excellent…I felt not stressed about it at all…the outcome was great!”
Nicole Oaklief, Homemaker and Cabinetry Designer, 10/30/2018 Client Testimonial.
Result: Substantial Cash Compensation
“It was really easy. I just gave them a call, gave them the information and they did all the hard work for me”
Ashley Degrandchamp- Aesthetician
Result: Substantial Cash Compensation
Here’s what to do and how to get started when you when you suspect that you have a “Lemon” vehicle:
- Gather all of your vehicle repair records (this is the number one piece of evidence in Lemon Law matters).
- Call us or submit your vehicle info through our site’s chat feature or online FREE Lemon Law Evaluation form.
Please do not let your claim expire and lose out on your rights to compensation and FREE Legal Help. Contact us today!
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