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
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