§ 10 §1476 — Performance under warranty

1.
Failure to perform warranty obligations prohibited.
A dealer may not fail to perform the dealer's obligation under a warranty made in accordance with this chapter. It does not constitute a failure to perform such obligations if a dealer refuses to act in accordance with the provisions of that warranty with respect to any mechanical defect that resulted from unreasonable use or maltreatment of that motor vehicle by the purchaser.
2.
Conditions considered failure to perform warranty.
A dealer must be considered to have failed to perform the dealer's obligations under warranty made in accordance with this chapter if the dealer:
3.
Purchaser's rights upon failure of dealer to perform warranty obligations.
If the dealer fails to perform the dealer's obligations under the warranty, the purchaser, in addition to any other rights the purchaser has, has the right to:
4.
Attorney's fees.
If the court finds, in an action commenced under this section, that the dealer failed to perform the dealer's obligations under the warranty, the petitioner must, in addition to other relief provided for by this section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and costs incurred in connection with the action.

Legislative History

PL 1975, c. 770, §57 (NEW). PL 1977, c. 78, §34 (AMD). RR 2023, c. 2, Pt. C, §§31-34 (COR).