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LegalGems, Lawyer
Category: Consumer Protection Law
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Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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My motorcycle has experienced engine failure with 2 months

Customer Question

Hello. My motorcycle has experienced engine failure with 2 months still left on OEM warranty. Manufacturer denies claim for completely bogus reasons. How can I make them legally responsible? I am in NYC.
Thank you!
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

A few minutes please as I look into this for you.

Expert:  LegalGems replied 1 year ago.

There are both state and federal protections for purchasers of goods still under warranty. The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties passed by Congress in 1975. The Act makes it easier for purchasers to sue for breach of warranty by making breach of warranty a violation of federal law, and by allowing consumers to recover court costs and reasonable attorneys' fees. The actual warranty needs to be reviewed to be sure that the proper procedure for notification/resolution was followed.

It is important to establish the defect existed while the warranty was still effective, so it is generally helpful to have a third party mechanic review and document the issue.

One can send a demand letter on their own, or preferably hire an consumer protection attorney. Should that not result in the desired outcome, the next step would be to file suit for breach of warranty. One moment please.

Expert:  LegalGems replied 1 year ago.

Please let me know if you would like me to include a template complaint letter that can be modified to your circumstances.

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