Because the Florida Lemon Law rarely covers used vehicles, the Magnuson-Moss and Breach of Warranty laws are among the best and most common avenues for a used-car consumer to gain justice. These laws are also commonly used in cases where the new-car consumer cannot bring a Lemon Law claim because they either are outside the Lemon Law rights period, purchased a type of vehicle not covered under the Lemon Law statute, or purchased a vehicle outside the state of Florida.
This powerful federal law was enacted in 1975 and covers Commerce and Trade, Consumer Product Warranties, and the content of warranties. The act is commonly referred to as "Mag-Moss."
Mag-Moss covers almost all consumer products such as computers and microwaves. Mag-Moss lawsuits in the Lemon Law arena have typically been used to supplement or substitute for Lemon Law actions. From a consumer point of view, the main difference between Florida Lemon Law and Mag-Moss is that Mag-Moss proceedings are civil suits rather than the more consumer-friendly arbitrations before a board. A civil suit requires more time and resources than a Lemon Law arbitration, but depending on your particular situation, it may prove to be a better choice.
Breach of Warranty is a common component in the lawsuit of an aggrieved consumer. Simply put, if a consumer has a warranty on their car and a defect car is not fixed after numerous repair attempts, the warranty has arguably been breached.
There are different types of warranties, but unless disclaimed, all new vehicles are sold with an implied warranty that the vehicle is fit for its intended purpose and is of merchantable quality.
Sadly, new-car consumers are often misinformed about their new car warranties. In most cases consumers of new cars only receive a warranty from the manufacturer and nothing from the dealer. This is why dealers often make a point of stating in the purchase order or lease agreement that the only warranty which applies to the vehicle purchase is that of the manufacturer. Further, dealers will often disclaim any implied warranties. If you have a problem with your brand new car after you leave the dealership, chances are that you will ultimately discuss your concerns with the manufacturer.
In the case of used cars, the dealer may or may not provide a new, additional or extended warranty and there may even be an "as-is" disclaimer. Let the buyer beware! Take a look at the fine print on your sales agreement and you likely will be surprised at what you see.
Call us if you are concerned that the manufacturer and/or dealer is not properly resolving your issues regarding your warranty.