Vehicle Warranty Claims

Aside from the Texas Lemon Law, federal warranty laws may be useful in combating manufacturers and car dealers who sell defective vehicles.

The Magnuson-Moss Warranty Act requires manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage.  More importantly, it is a law that protects buyers of products costing more than ten dollars that come with a written express warranty.

Under the Magnuson-Moss Warranty Act, consumers are given the right to sue auto manufacturers and auto dealerships that manufactur or sell defective problematic vehicles.

In most cases, the manufacturer must permit the buyer the choice of either a refund (less usage of the vehicle), a collateral swap (less usage of the vehicle), or a monetary settlement

Under the Magnuson-Moss Warranty Act, this federal warranty law allows a consumer who is successful in the pursuit her his or her claims to recover attorney’s fees and court costs.  In other words, if the consumer prevails, the defendant will have to reimburse the consumer for his or her attorney’s fees, separate and apart from actual damages.  This provision in the warranty law provides consumers with access to the legal system to assert their rights in the event they have been wronged.

The attorney fee shifting provision of this law puts financial pressure on the manufacturer to settle a consumer’s complaint to avoid the costly battle of litigation.  If a lawsuit is filed, the manufacturer or retail seller is forced to hire an attorney to defend the action and may be forced to pay the consumer’s attorney’s fees as well.  This creates additional exposure for the manufacturer or retail settler which helps to promote settlement of consumer claims.

Warranty claims may also be brought under the Texas Deceptive Trade Practices Act (DPTA) as a “Tie-In Statute”.  The DTPA does not create warranties; the consumer must rely on other statutory provisions such as the Uniform Commercial Code (UCC) or common law to establish the warranty

We have handled a number of warranty claims, not only against auto manufacturers and auto dealers, but also against aftermarket warranty companies for the unwarranted denial of repair claims.

If you believe that the manufacturer of your vehicle or the warranty company covering your vehicle has failed to pay for repairs when liability is clear, please contact The Law Office of Robert D. Dabaghian at (210) 366-2400 to discuss your rights under the law.