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1999 SESSION

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HB 2484 Motor Vehicle Warranty Enforcement Act; limitations of action.

Introduced by: Robert Tata | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Motor Vehicle Warranty Enforcement Act; limitations of action. Modifies the motor vehicle “lemon law” statute of limitations as follows: (i) establishes a flat, 18-month period following the original delivery of the motor vehicle as the general rule and (ii) limits the application of an alternate limitations period to 12 months following a manufacturer’s action under its informal dispute settlement procedures. The consumer would have the longer of either period to file an action. The bill provides, however, that the alternate 12-month limitations period is applicable only if the dispute settlement procedure was properly resorted to within 18 months of the motor vehicle’s delivery, and the matter was not satisfactorily resolved. Under current law, the consumer may bring a civil action against the manufacturer within the longer of (i) the “lemon law rights period” (an 18-month period following delivery that can be extended if the defect has not been repaired within the initial 18-month period) or (ii) an alternate period of 12 months following the manufacturer’s final action under its dispute settlement procedures.


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