Aside from the Texas Lemon Law, federal warranty laws may be useful in combating manufacturers and car dealers who sell defective lemon cars.
The Magnuson-Moss Warranty Act requires manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage. More importantly, it is a law that protects buyers of products costing more than 10 dollars that comes with a written express warranty. Congress passed this product warranty law in 1975.
Under the Magnuson-Moss Act, the consumers are given the right to sue auto manufacturers and dealers that manufacture or sell defective problematic lemon cars. Specifically, a consumer may sue in most courts of general jurisdiction in the United States to enforce his or her rights.
In most cases, manufacturers must permit the buyer the choice of either a refund or a replacement of the product. If such recovery is not available, the consumer may recover a monetary settlement.
Unlike the Texas lemon law (where there is no attorney fee shifting provision that requires the lemon car manufacturer or dealer to pay the consumer’s attorney fees), this federal warranty law allows a consumer who is successful in proving his or her Texas lemon law related claim to recover attorney fees. In other words, if the consumer prevails, the consumer’s attorney fees will be paid separate to the consumer’s recovery on a lemon car related case.
This warranty law provides the consumer with access to the legal system to assert his or her right for new lemon vehicles. Without this law, a consumer may be stranded and stuck with a lemon.
The attorney fee shifting provision of this law puts financial pressure on the manufacturer to settle consumer disputes before going to court. If a lawsuit is filed, the manufacturer and/or car dealer is faced with the issue of hiring its own attorneys to defend it and is also faced with the possibility of paying for the car buyer’s attorney fees.
About Our Texas Lemon Law and Warranty Law Office:
As mentioned above, the beauty of the Magnuson-Moss Warranty Act is that it requires car manufacturers such as Kia, Mazda, DaimlerChrysler, or GM to pay for our office’s attorney fees if we are successful in facilitating a settlement or recovery for you.
In some cases, if a consumer is not eligible to pursue a claim under the Texas lemon law, then the law office may still be able to assist the consumer in asserting his or her right under the Magnuson-Moss Act to help the consumer with their “lemon” car. Please call our office for a FREE case review at 1.888.333.3813.