Bill Status of SB3548 96th General Assembly
Short Description: NEW VEHICLE BUYER PROTECTION
Sen. Antonio Muñoz
| 1/12/2011||Senate||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the New Vehicle Buyer Protection Act. Changes the definition of "express warranty" to provide that the term means (i) any written affirmation of fact or written promise made in connection with the sale of a new vehicle by a seller to a consumer that relates to the nature of the material or workmanship and affirms or promises that the material or workmanship is defect-free or will meet a specified level of performance over a specified period of time or (ii) any undertaking in writing in connection with the sale by a seller of a new vehicle to refund, repair, replace, or take other remedial action with respect to the new vehicle in the event that the vehicle fails to meet the specifications set forth in the undertaking, if the written affirmation, promise, undertaking becomes part of the basis of the bargain between the seller and the consumer for purposes other than resale of the vehicle (instead of providing that the term has the same meaning as in the Uniform Commercial Code). Provides that if a consumer finally prevails in an action brought under the Act, the court may allow the consumer to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses (including attorney's fees based on actual time expended) determined by the court to have been reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action, unless the court in its discretion determines that such an award of attorney's fees would be inappropriate. Effective immediately.