Appliance Lemon Law
Stove Lemon Laws
Breach-of-warranty laws exist at both the state and federal levels, and are distinct from one another. Most people are somewhat familiar with their state's lemon laws in relation to the purchase of a car, truck, or similar vehicle.
While consumer rights vary from state to state, it is quite common for the scope of state consumer protection laws to be limited to vehicles and specific warranties on the sale of newly sold or leased vehicles. However, consumers who have purchased defective products, including appliances such as stoves, could be entitled to recovery and compensation through a federal law called the Magnuson-Moss Warranty Act.
Filing a Defective-Appliance Lawsuit
One of the first things you should do is to read through the terms of your individual warranty and reach out to the manufacturer about the problem. If your stove is not functioning as you expected that it would, this is your first chance to have it fixed.
Most consumers would assume that the manufacturer's first effort to address the issue would be successful. However, a lemon stove could cause you to have to go through the repair process numerous times while experiencing downtime due to the loss of your stove and frustration because of the continued hassle.
In many cases, the appliance itself and the parts are guaranteed in a warranty. That information should be analyzed carefully to determine what recourse you have as a consumer. In many cases, a defective product that has gone through the repair process at least three times and is still not functioning as it should can become the basis of a breach-of-warranty lawsuit.
Since your stove likely does not fall under the umbrella of state lemon laws, you might be tempted to give up and purchase a new one. However, through the federal Magnuson-Moss law, you may be able to hold the manufacturer accountable for downtime and fixes. You could even recover a refund or a replacement if you can show you’ve allowed for numerous repair attempts that have failed.
Understanding Federal Laws for Defective Appliances
A breach-of-warranty lawsuit can be filed under Magnuson-Moss. The law is broader in scope than the traditional lemon laws at the state level because it allows consumers to recover compensation for defective appliances.
The item must have a substantial defect that is covered by a warranty and could not be fixed after a reasonable number of attempts. If that is the case, your warranty is considered breached, and you are entitled to receive a full refund or a replacement. In the event that you have tried to pursue this route on your own with your manufacturer and they have refused to give you a refund or replacement, you can initiate a consumer protection lawsuit.
Getting a Lawyer Could Help Your Breach-of-Warranty Case
It might be tempting to try to deal with the manufacturer on your own. But in many cases, they will try to discourage you from continuing with a claim. In these circumstances, the support of an experienced breach-of-warranty lawyer can be instrumental in receiving compensation. And they might even be able to recover more funds than if you pursue this by yourself.
Magnuson-Moss Requires the Manufacturer to Pay for Your Case
The fee-shifting provision of the Magnuson-Moss Warranty Act requires the manufacturer to cover reasonable attorneys’ fees if the plaintiff wins their case. As a result, our attorneys at Morgan & Morgan will work with you for free. Our fee comes from the manufacturer if we win your case.
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