West Virginia Complaint regarding Defective Auto, Breach of Warranty, Motor Vehicle Warranty Act, and Magnuson Moss Act, Punitive Damages
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How to fill out Complaint Regarding Defective Auto, Breach Of Warranty, Motor Vehicle Warranty Act, And Magnuson Moss Act, Punitive Damages?
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FAQ
North Carolina Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to North Carolina consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and products.
Similar to the California Lemon Law, the Magnuson-Moss Warranty Act entitles the owner of a new or used defective vehicle that is covered by warranty to a legal remedy if the problem cannot be fixed.
If the repairs are unsuccessful and the problem substantially impairs the value, use or safety of the vehicle, you may demand a refund or replacement vehicle.
How Does the Magnuson-Moss Warranty Act Protect Consumers? 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.
To prevail under Magnuson-Moss, a plaintiff must show there is a valid warranty, the product was presented for repair during the warranty period, and the manufacturer failed to conform the product to the provisions of the warranty within a reasonable amount of time or number of repair attempts.
This law guarantees a car buyer that certain minimum requirements of warranties must be met, and provides for disclosure of warranties before purchase. When a warrantor fails to repair a car within a reasonable number of times, the warrantor will be liable to pay damages to the consumer under the Magnuson-Moss Act.