What Is A Breach Of Warranty Claim?
Breach of warranty statutes provide for the consumer whose vehicle does not qualify under the Lemon Law, but who experience repeated problems with their vehicle while still covered by the manufacturer's warranty. As long as a vehicle is under warranty, the manufacturer has an obligation to repair all covered defects within a reasonable period of time. Like the lemon laws, federal warranty laws require the manufacturer to pay the consumer's attorney's fees and court costs if the consumer prevails. Breach of warranty laws aid those consumers who's vehicle begins to malfunction outside of the lemon law period and those consumers who purchase used vehicles.
What Does This Cost?
Best of all, the federal warranty laws, just like the state lemon laws, require the manufacturer to pay all of a plaintiff's legal fees and court costs if you prevail. At Power & Associates P.C., we take each case on a NO COST/NO FEE BASIS. If we win your case the manufacturer pays our fees and costs. If we lose, you owe nothing! What If My Vehicle Is Not New?
To qualify under the breach of warranty laws, we must establish that the problems began while the vehicle was under warranty and the manufacturer failed to repair the defects in a reasonable period of time. The age of your vehicle doesn't matter. What If The Dealership Can't Reproduce Or Verify My Vehicle's Defect?
Many breach of warranty cases involve vehicles that have intermittent conditions, conditions that come and go. Often a dealership will inform a customer that they can't fix a vehicle that won't "act up" for them. The breach of warranty laws cover these situations. It is not the consumer's fault if the dealership won't spend the extra time to diagnose hard to find problems. As long as you report the problem to the dealership, it counts as a repair attempt whether or not the dealership performs a repair.
What Am I Entitled To If My Warranty Has Been Breached?
If the manufacturer has breached its warranty, you are entitled to cash damages plus all attorney's fees and costs. In general, the amount of damages that you are entitled to is measured by the decrease in the value of your vehicle caused by the defects.
Do I Have A Breach Of Warranty Claim If My Vehicle Was Finally Repaired?
The breach of warranty laws require the manufacturer to repair the vehicle within a reasonable period of time. As a general rule, if the dealership took more than three repair attempts, even if the car was ultimately repaired, you still have a breach of warranty claim.
If I Think My Warranty Has Been Breached, What Should I Do?
Provide us your information and we will evaluate your claim free of charge.
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