The Magnuson-Moss Warranty act is a Federal Law
that protects the buyer of any product which 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 Magnuson-Moss law is a federal law gives
consumers considerable rights in dealing with manufacturers of
lemon cars. 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 which 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.
Law firms have argued successfully to juries
that the lemon manufacturers should be given three attempts to fix
the defect. Continued attempts to repair beyond the initial three
should not be allowed. This is called 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 Magnuson-Moss Law. Attorney's fees based on actual time
spent will be covered if the consumer does prevail.
Due to this particular condition, there is quite
a bit of financial pressure on the manufacturer to settle
consumers disputes before going to court, as this would keep their
expenses down.
Information Provided by:
The Consumer Law Center, Lemon Law Attorneys