Breach of Warranty Contract Law & Claims

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Does Your New Vehicle Keep Breaking Down?

You are not alone. It seems like new cars, trucks, and SUVs are constantly breaking down, way before you would expect them to. That means owners are spending more of their time getting their vehicles repaired, and less time enjoying their purchases.

Wanna know which new car to avoid so you aren’t constantly stuck repairing it and not enjoying your purchase? That’s easy. Just don’t buy Mazda’s. Also, don’t buy Audis or Volkswagens. Or Dodges. Or Chryslers or Jeeps. So, not so easy after all.

It turns out that the new generation of cars are just inherently more prone to breakdowns large and small. According to roadside assistance company AAA, cars under five years old are more likely to break down and require assistance than older cars. They attribute this to a number of factors, including the increasing volume of features and technologies being included in new cars – creating more opportunity for things to go wrong – and cost and weight-saving measures that make new vehicles a little more brittle.

So if you own a new car, does that mean you have to resign yourself to a constant cycle of breakdown and repair? The answer, surprisingly, is no.

A Federal Law to Protect Consumers

In 1975, the Magnuson-Moss Warranty Act became law. This bill was enacted to protect consumers from deceptive warranty practices. The practical upshot of this law, is that owners of new vehicles that aren’t performing as expected or are constantly having to repair their vehicles can get that vehicle replaced, free of charge, or even receive a full refund.

Never heard of this before? That’s not surprising. Most Americans don’t know about it, or about how accessible and free-of-charge pursuing a claim based on this legislation really is for any vehicle owner in the country.

The criteria are simple: If you bought a car less than three years ago, and that car is constantly breaking down, you can file a claim against your vehicle’s manufacturer for a free replacement or full refund. And you don’t have to do it on your own. You can someone to do all this for you, for 100% absolutely no charge.

Free? Yep

Breach-of-warranty lawyers pursue claims for clients whose vehicles keep breaking down and costing them time and money. And most of them, like Morgan & Morgan’s, are paid on a contingency-fee basis, which means they get paid only if they win for their clients. And when they do, it’s generally not the client who pays them; it’s the manufacturer. That’s another one of the benefits to consumers tucked into the Magnuson-Moss Act.

And Magnuson-Moss is federal, not state, law. So even if your state doesn’t have an especially consumer-friendly “lemon law,” or even if it doesn’t have one at all, you still have federal legal grounds to pursue a claim against a manufacturer. And even if your cars warranty has expired, some states’ statute-of-limitations laws allow a claim to be filed anyway.

More Time on the Road, Less at the Mechanics

You didn’t buy your car in order to have it support your local car repair industry. Get your vehicle replaced or refunded, and get moving.

By Sholom Nemanow

Writer