The Federal Lemon Law- Motor Homes, Cars, RVs, Motorcycles, Boats, and Offroad Vehicles
What is the 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 other words, all vehicles are covered by the MMWA so long as they have a written manufacturer’s warranty.
There are no exceptions depending on the type of consumer vehicle (such as motorcycles, RVs, and ATVs) like in the Colorado Lemon Law and the MMWA can also be used to assist you if the State Lemon Law is expired on your car, truck, or van.
In some situations, the MMWA uses parts of State warranty law for limited written warranties and implied warranties to determine when the warranties have been violated.
For the vast majority of States across the nation, including Colorado, your product warranty is breached under the MMWA if defect repairs are untimely, repetitive, or unreasonably numerous.
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, 4 year/50,000 mile bumper to bumper warranty, or 5 year/60,000 mile powertrain warranty, etc.
What Can I Get for an MMWA Breach of Warranty Claim?
The main type of compensation for an MMWA limited warranty breach is diminution in value CASH money instead of a Missouri 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 Motorhome/RV, Car, Motorcycle, ATV, UTV, Boat, and/or Offroad Vehicle Case be Settled Out of Court?
Fortunately, just like for our Colorado 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.
Are you Driving a “Lemon”? Call (720) 687-3017 or Submit Your Vehicle Information Below to Find Out and Get FREE Lemon Law Help Now!
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