Vehicle Warranty Claims
As you are aware, a warranty is standard on all New vehicles sold in the United States. Late model used vehicles typically have some type of warranty as well. In addition, used vehicle purchasers are often given the opportunity to purchase extended warranties or service contracts. These warranties and/or service contracts form the basis of the Lemon Law and vehicle related claims that our office files on a daily basis for consumers just like you.
For new motor vehicles, the Pennsylvania Lemon Law is the law that most warranty claims arise under. If your car exhibits a defect or non-conformity that substantially impairs the use, value or safety of that vehicle, and the manufacturer cannot repair that defect or non-conformity after a reasonable number of attempts, then the manufacturer has breached its warranty to you and you have a Lemon.
Other warranty claims may arise under the Magnuson Moss Warranty Act. The Magnuson Moss Act is a Federal Law that is often referred to as the "Federal Lemon Law". The Act applies to any consumer product that costs over $25, making it the perfect compliment to the Pennsylvania Lemon Law.
The Act provides that a consumer who has purchased a defective product, which the Manufacturer cannot properly repair after a reasonable number of attempts, is entitled to a free replacement product or a full refund of the purchase price, in addition to reasonable Attorney Fees for prosecuting the action.
Every defective vehicle lawsuit, whether it involves a new Car, Truck, Van, SUV, Motorcycle or RV, includes a claim brought under the Magnuson Moss Warranty Act.
Warranty claims may also arise based upon representations made to you by the Dealer or Manufacturer. If the Dealer represents that a vehicle is fit for a particular purpose that you have described, it has offered you an Implied Warranty of Fitness for a Particular Purpose. If the Dealer advises you that the vehicle is perfect for your needs, that Dealer is offering an Implied Warranty of Merchantability. If the vehicle does not operate as it was advertised, or does not fit the needs that you described, then the Dealer and/or Manufacturer has breached its warranties to you.
There are many types of warranty claims that may be filed if you have a defective vehicle. Please feel free to contact me with any questions that you may have about the Pennsylvania Lemon Law, Magnuson Moss Warranty Act, Warranty claims or any other defective automobile related issue at 1-888-LEMON-44 or via email to Attorney Greg Artim