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The Florida Lemon Law Protection – Causes of Action Under the Magnuson-Moss Act
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johnkenvinIn case your Florida lemon law claim is not honored by the state lemon law, you may seek the same protection under a federal law, the Magnuson Moss Warranty Act. The Magnuson Moss Warranty Act applies to cars, trucks and recreational vehicles (RVs) and boats. The Magnuson Moss Warranty Act was created by Congress to provide protection to consumers when a manufacturer, dealer or a service provider fails to honor the terms of a warranty. The Magnuson-Moss Act is a Federal Trade Commission Act that is intended to increase the enforceability of warranties and protect consumers.
The Magnuson-Moss Warranty Act was designed to protect consumers from deceptive warranty practices. The Magnuson-Moss Warranty Act extends the Florida new and lemon used car consumers’ protection and resolves warranty complaints.
The provisions as given in the Magnuson-Moss Warranty Act for enforcement of rights and remedies are read by the Florida lemon law attorneys in conjunction with those rights, remedies and defenses given in the Uniform Commercial Code. A Florida lemon law attorney also takes into consideration, lemon laws and other state laws used to create special rights and remedies for the Florida new and lemon used car consumers. The Magnuson Moss Warranty Act even applies if the defect Florida lemon used car is eventually repaired but took a very long time to do so.
The Magnuson-Moss Warranty Act creates federal causes of action as the following:Breach of Implied Warranty under the Magnuson-Moss Warranty Act ( 310(d))The Magnuson-Moss Warranty Act gives the Florida lemon used car consumers a cause of action for breach of “implied warranty” as the following:The implied warranties covered by the Act are those created by state lawAlthough the Magnuson-Moss Warranty Act creates no new implied warranties, it both alters the ability of a Florida lemon used car seller to exclude them and provides a federal cause of action for their breachThis cause of action appears to be available even where there is no written warranty involved with the Florida lemon used car purchaseTo date, most of the Florida lemon used car cases brought are based on breaches of both written and implied warranties. However, a few Florida lemon used cars involve breach of implied warranties without alleging breach of a written warranty.Breach of Service Contract under the Magnuson-Moss Warranty Act ( 301(8))The Magnuson-Moss Warranty Act provides a cause of action for breach of a “service contract”:The optional ‘Extended Warranty’ offered through many dealerships by auto manufacturers and independent insurance companies are ‘Service Contracts’ as defined by the Act say, as the extended warranty coverage of 5 years or 50,000 miles for a one-time payment of $200 to $500, based on the make and model of the automobileUnder 308(a), the sale of a Service Contract within 90 days of the sale of a new car may have the effect of barring any contractual limitation on Implied Warranty durationWhen a consumer purchases a Service Contract, and the written warranty expires before any defects appeared, a Florida lemon law attorney may plead breach of Service Contract and breach of the Implied Warranty of MerchantabilityActually, there a very few cases reported involving breach of Service Contracts.Florida lemon law
Help. Get a Free Florida Lemon Law Case Evaluation and Consultation from our experienced Florida (FL) lemon law attorney. To our credit, we have hundreds of Florida lemon law cases settled successfully without the client ever having to pay the attorney the fees.
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