South-Western Legal Studies in Business

Person Who Leases Car May Enforce Warranty Provisions
Description

Florida high court held that both the Magnuson-Moss Warranty Act and the state Lemon Law may be invoked by a consumer who has a long-term lease on a car. The lessee has the same warranty rights as if they were the owner of the car.

Topic

Consumer Protection

Key Words

Magnuson-Moss Warranty Act; Lemon Law; Leased Vehicle; Consumer

C A S E   S U M M A R Y
Facts

Cerasani got a new Honda Civic through a long-term lease and had problems with the car. She returned it to the dealership for repairs several times, but was not happy with the results. She sued Honda under the Magnuson-Moss Warranty Act (MMWA) for breach of written warranty and breach of implied warranty. The trial court dismissed her suit. The appeals court upheld dismissal of the implied warranty but allowed the claim for breach of written warranty to proceed. Honda appealed.

Decision

Affirmed. Both the MMWA and Florida’s Motor Vehicle Warranty Enforcement Act, the Lemon Law, are affected by this case as the terminology regarding who is covered is similar. Congress intended the MMWA to enhance the enforceability of warranties on consumer products and to protect the ultimate user of products. A person who leases a car is entitled to enforce the manufacturer’s warranty under the Lemon law and the MMWA. Hence, Cerasani, although not the buyer of a car, is entitled to warranty protection offered by the MMWA and the state Lemon Law regarding her car.

Citation

American Honda Motor Co. v. Cerasani, 955 So.2d 543 (Sup. Ct., Fla., 2007)

Back to Consumer Protection Listings

©1997-2008  SW Legal Studies in Business. All Rights Reserved.