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The Federal Lemon Law

The Magnuson-Moss Warranty Act

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 and RV/Motor Home warranties). This Statute is used to assist RV and Motor Home consumers because the California Lemon Law presumptions apply only to the chassis portion of Motor Homes. When there are chassis and living quarters defects in Motor Homes both the Lemon Law and MMWA are used to aid consumers.

In some instances, the MMWA incorporates State warranty law for limited written warranties and implied warranties. In California a manufacturer’s warranty is breached under the MMWA if defect repairs are untimely, repetitive, or unreasonably numerous.

a written warranty is breached under the MMWA if defect repairs are untimely, repetitive, or unreasonably numerous.

What can I get for an MMWA Breach of Warranty claim?

The main remedy for an MMWA limited warranty breach is diminution in value Cash Compensation damages instead of the refund or replacement available under the California Lemon Law. Diminution in value means that a vehicle was not worth what was 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 substantially less. Under certain circumstances it may also be possible to obtain compensation for the aggravation and inconvenience of repeat repairs and/or your loss of use of the product. These are called incidental and consequential damages.  Although such damages are typically disclaimed in the warranty, the disclaimers can be overcome if failure of essential purpose (failure to complete proper repairs withing a reasonable opportunity) is proven. Additionally, you are entitled to seek attorneys’ fees for MMWA claims and our Firm requests attorneys’ fees only from manufacturers as part of out of court MMWA settlements. 

 

 

Can my MMWA Breach of Warranty Case be Settled Out of Court?

Fortunately, a majority of RV/Motor Home cases are settled out of court without any lawsuit being filed. Again, Katz & Amar seeks attorneys’ fees from manufacturers as part of any settlement so there is no charge to you for out of court representation.

With that being said, unlike many consumer firms who do not litigate if a case cannot be settled out of court, when litigation is required, our Firm litigates MMWA cases on behalf of consumers in court.

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If you are tired of dealing with you defective RV or Motor Home please make a submission on our Free Case Review page and we will contact you to discuss your RV/Motor Home case.

Are you Driving a “Lemon”? Call (949) 490-5594 or Submit Your Vehicle Info to Find Out and Get FREE Lemon Law Help Now!