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The Magnuson-Moss Warranty Act provides a federal remedy to consumers with breach of warranty claims arising from the sale of consumer products. The act preserves the right to sue under state law, and also allows the recovery of attorney's fees if the consumer prevails. Builders operate in a gray area between real estate and consumer products. Can a construction project — or materials and equipment that are a part of the project — come under the jurisdiction of the Magnuson-Moss Warranty Act? The answer depends on the who and the what of the particular situation. Who refers to the parties of the contract; what, to the contract itself. Parties to the agreement. The act requires the party bringing the action to