I Bought a Lemon

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Magnuson-Moss Warranty Act FAQ

The Magnuson-Moss Warranty Act is a federal law enacted in 1975 that regulates written warranties on consumer products. It aims to make warranties more understandable and enforceable, ensuring that consumers are informed and protected.
The act applies to manufacturers and sellers of consumer products that offer written warranties. It covers goods sold to consumers, who are individuals buying for personal, family, or household use.
The Magnuson-Moss Warranty Act protects consumers by making it easier to file breach of warranty claims after purchasing “lemons.” Most importantly, the Act allows consumers to recover attorneys’ fees, court costs, and other expenses when they prevail.
The Magnuson-Moss Warranty Act covers written warranties and implied warranties. It also addresses service contracts, which are agreements to perform services such as maintenance or repair.
  • Full Warranty: Offers free repair or replacement of defective products within a reasonable time. If the product cannot be fixed, the consumer is entitled to a refund or replacement.
  • Limited Warranty: Provides less coverage than a full warranty. It might cover only certain parts or require the consumer to pay for labor or shipping costs.

A written warranty must clearly state:

  • What parts or types of defects are covered.
  • The duration of coverage.
  • Any exclusions or limitations.
  • The procedure for making a warranty claim.
  • The remedies available to the consumer.

No, under the Magnuson-Moss Warranty Act, a warrantor cannot require consumers to use brand-specific parts or services unless the part or service is provided free of charge. This is known as the “tie-in sales” prohibition.

Implied warranties, such as the implied warranty of merchantability (the product is fit for ordinary use), cannot be disclaimed or limited if a written warranty is provided. However, the duration of an implied warranty can be limited to the same period as the written warranty.

Consumers should first attempt to resolve the issue directly with the warrantor or seller. If that fails, they may:

  • Use any informal dispute resolution process specified in the warranty.
  • File a complaint with the Federal Trade Commission (FTC).
  • Consider legal action, which may include suing for damages and attorney’s fees under the act.

No, the act does not require that warranties be provided. However, if a seller or manufacturer offers a written warranty, it must comply with the act’s requirements.

The Magnuson-Moss Warranty Act does not prohibit arbitration clauses, but they must not be mandatory as a prerequisite to a consumer exercising their rights under the act. The arbitration must also be fair and transparent.

The act can apply to used products if they come with a written warranty. However, the protections may be different compared to new products, depending on the terms of the warranty.

Consumers may sue for damages, including costs, attorney’s fees, and other relief. The act aims to provide consumers with access to remedies for breaches of warranty and to ensure fair treatment.

For further details or specific cases, consulting legal counsel or resources from the Federal Trade Commission (FTC) is recommended.

Massachusetts Lemon Law FAQ

The Massachusetts Lemon Law provides protection to consumers who purchase or lease new or used vehicles that have significant defects affecting their safety, use, or value. The law requires the manufacturer or dealer to repair, replace, or refund the vehicle if it cannot be fixed after a reasonable number of attempts.

  • New Vehicles: Passenger cars, motorcycles, vans, and trucks purchased or leased for personal or family use.
  • Used Vehicles: Used vehicles sold by a Massachusetts dealer for at least $700 and that have fewer than 125,000 miles on the odometer at the time of sale.

A “lemon” is a vehicle with a defect that substantially impairs its use, market value, or safety and that cannot be repaired after a reasonable number of attempts by the manufacturer or dealer.

  • New Vehicles: Protection is available during the first year from the date of delivery or the first 15,000 miles of use, whichever comes first.
  • Used Vehicles: The law provides a warranty period based on the vehicle’s mileage at the time of sale:
    • Less than 40,000 miles: 90 days or 3,750 miles.
    • 40,000 to 79,999 miles: 60 days or 2,500 miles.
    • 80,000 to 124,999 miles: 30 days or 1,250 miles.
  1. Notify the Manufacturer or Dealer: Report the defect in writing and allow a reasonable number of attempts to repair it.
  2. Document the Issue: Keep records of all repair attempts, communications, and expenses related to the defect.
  3. Request a Replacement or Refund: If the defect is not fixed after a reasonable number of attempts, request a replacement vehicle or a refund of the purchase price, minus a reasonable allowance for use.
Under the law, a “reasonable number of attempts” is typically considered:
  • At least three attempts to repair the same substantial defect.
  • The vehicle has been out of service for repairs for a total of 15 or more business days within the warranty period.

If the vehicle is determined to be a lemon, the consumer may be entitled to:

  • A replacement vehicle of comparable value.
  • A refund of the purchase price, minus a reasonable allowance for use.
  • Reimbursement for related expenses, such as towing or rental car costs.

Under the Massachusetts Lemon Law, you may receive compensation for your new leased car, motorcycle, van or truck if you bought it in Massachusetts from a licensed dealer and it has at least one defect that substantially impairs its use, market value, or safety. The vehicle must be used by you for personal or family purposes. The defect(s) must be discovered and subject to a reasonable number of repairs during the “term of protection” of 1 year or 15,000 miles of use from the date of the original delivery, whichever comes first.

You can pursue compensation under the Lemon Law by dealing directly with the dealer or manufacturer. If your attempts to receive compensation aren’t successful, Lemon Law arbitration is available through the Office of Consumer Affairs and Business Regulation (OCABR).

The Lemon Aid Law allows consumers to cancel a vehicle sale and obtain a full refund if the vehicle fails to pass a safety or emissions inspection within seven days of purchase and the estimated repair costs exceed 10% of the purchase price.
If the manufacturer or dealer disputes the lemon claim, the consumer can file a complaint with the Massachusetts Office of Consumer Affairs and Business Regulation (OCABR) and request arbitration. Arbitration is a less formal process than a lawsuit, and a neutral third party will make a binding decision on the case.
Consumers can contact the Massachusetts Attorney General’s Office or the OCABR for guidance. Consulting with an attorney who specializes in Lemon Law cases can also be beneficial.

The Lemon Law does not cover defects caused by consumer misuse, neglect, or unauthorized modifications. It also does not apply to vehicles purchased for business use or for vehicles with defects that do not significantly impair use, safety, or value.

For more detailed information or specific cases, consumers are encouraged to consult the Massachusetts Office of Consumer Affairs and Business Regulation or seek legal counsel.

New Hampshire Lemon Law FAQs

The New Hampshire Lemon Law, officially known as the Motor Vehicle Arbitration Law, provides protection to consumers who purchase or lease new vehicles with defects that substantially impair their use, value, or safety. If a vehicle cannot be repaired after a reasonable number of attempts, the law requires the manufacturer to replace it or refund the purchase price.

The law covers:

  • New Motor Vehicles: Includes passenger vehicles, motorcycles, trucks, and the chassis portion of motorhomes.
  • Leased Vehicles: The law also applies to vehicles under lease agreements.

The law does not cover vehicles with a gross vehicle weight rating (GVWR) of more than 9,000 pounds, motorcycles with an engine displacement of less than 300 cubic centimeters, or used vehicles.

A “lemon” is a new vehicle that has a defect or condition that substantially impairs its use, market value, or safety and cannot be repaired after a reasonable number of attempts by the manufacturer or authorized dealer.
The law protects consumers during the first two years from the date of delivery or the first 18,000 miles of use, whichever comes first.

A reasonable number of attempts is defined as:

  • At least three repair attempts for the same substantial defect or condition.
  • The vehicle has been out of service for repair due to any defects for a total of 30 or more business days during the warranty period.
  1. Notify the Manufacturer: Report the defect in writing to the manufacturer, giving them a final opportunity to repair the vehicle.
  2. Document the Issue: Keep detailed records of all repair attempts, communications with the manufacturer or dealer, and any associated expenses.
  3. File a Complaint: If the issue is not resolved, file a complaint with the New Hampshire Motor Vehicle Arbitration Board.

If the vehicle is determined to be a lemon, the consumer may be entitled to:

  • A replacement vehicle of comparable value.
  • A refund of the purchase price, minus a reasonable allowance for use and any other costs.

The Arbitration Board is a less formal dispute resolution process that allows consumers and manufacturers to present their case. A neutral arbitrator or panel reviews the evidence and makes a binding decision. This process is often quicker and less expensive than going to court.

Yes, consumers can recover related costs, such as towing and rental car expenses, if they are deemed reasonable and necessary due to the defect.
No, the New Hampshire Lemon Law does not cover used vehicles. However, consumers may have other protections under different laws, such as the Uniform Commercial Code or used car warranties.
Consumers can contact the New Hampshire Consumer Protection and Antitrust Bureau or seek legal advice from an attorney experienced in Lemon Law cases. The Bureau can provide guidance on the arbitration process and other consumer rights.

The Lemon Law does not cover defects caused by consumer misuse, neglect, or unauthorized modifications. It also does not apply to defects that do not substantially impair the vehicle’s use, value, or safety.

For more information or specific advice on a potential Lemon Law case, consumers can visit the New Hampshire Consumer Protection and Antitrust Bureau’s website or consult with a legal professional.