Breach of Warranty in California
As a buyer, you must know your rights when acquiring or leasing a vehicle. In California, the regulations regarding warranty violations offer significant options for action if a product does not fulfill the commitments made by the seller or manufacturer.
At McMillan Law Group, our skilled lemon law lawyers are committed to guiding you through your rights and the intricate legal procedures related to breach of warranty claims. In this article, we delve into the breach of warranty, examine various warranty types, discuss factors that could invalidate your warranty, and outline how to pursue legal remedies.
Understanding Breach of Warranty
A warranty breach happens when a seller or manufacturer does not meet the commitments specified in a warranty. A warranty acts as a promise about the quality, performance, or state of a product. It’s crucial to understand the two primary categories of warranties relevant to vehicles in California:
Express Warranty
An express warranty refers to a definitive and straightforward assurance provided by the seller or manufacturer. This assurance may be documented, such as a written guarantee that a car will remain defect-free for a certain duration, like one year. Should the car develop issues during this period and the seller does not repair or replace it as guaranteed, this would be considered a violation of the express warranty.
Example of Express Warranty Breach
As an example, suppose you buy a brand-new car that comes with a one-year warranty ensuring it has no mechanical faults. If, after six months, you encounter a transmission problem, the manufacturer is required to fix or replace the car without any expense on your part. Should they decline to fulfill this obligation, you could potentially have grounds for a claim due to a breach of express warranty.
Implied Warranty
A legal implied warranty is established automatically, regardless of whether it is clearly articulated. In California, there are two acknowledged categories of implied warranties:
- Implied Warranty of Merchantability: This guarantee assures that products are suitable for their intended use and fulfill any claims made on their labels or packaging. In other words, a vehicle should operate satisfactorily and dependably as a typical consumer would expect.
- Implied Warranty of Fitness for a Particular Purpose: This warranty is relevant when a buyer depends on the seller’s knowledge to choose an appropriate item for a specific need, with the seller being aware of that requirement. For example, if you tell a dealer that you need a vehicle capable of towing and they suggest one that does not meet this requirement, they could be held accountable under this warranty.
How to Address a Denied Warranty Claim
Should your vehicle’s warranty be overlooked or rejected, you might have a valid basis to file a breach of warranty claim. A frequent scenario occurs when either the manufacturer or dealer does not resolve issues that are covered by the warranty, despite multiple reasonable attempts to fix the vehicle.
Steps to Take if Your Warranty Claim is Denied
- Compile Your Records: Assemble all pertinent paperwork, such as the warranty, service history, and any communication with the dealer or manufacturer. This information is essential for substantiating your claim.
- Seek Legal Advice: If you believe there has been a warranty violation, it’s wise to reach out to our Lemon Law attorneys San Diego. We can clarify your rights, confirm the legitimacy of your warranty, and outline your legal options.
- Refrain from Self-Repairs: Before attempting any repairs yourself, consult with an attorney first; doing so could risk invalidating your warranty and jeopardizing any claims you may have.
If you think your warranty has been violated, please reach out to +1 619-795-9430 for a complimentary case assessment before you try to fix your vehicle!
Common Factors That Void a Car Warranty in California
Dealers must uphold car warranties, but it is equally important for consumers to refrain from actions that could
1. Misuse of the Vehicle
Utilizing the vehicle for unlawful or inappropriate activities can invalidate your warranty. For instance, participating in street racing or taking a vehicle not meant for off-road conditions onto rough terrain could lead to a refusal of warranty coverage. Typically, manufacturers incorporate specific terms in their warranties that outline acceptable usage.
Example of Misuse
Should a consumer operate a sedan intended for daily travel as a racing car, any damage incurred during the racing may not be eligible for warranty coverage, since this would be considered improper use.
2. Salvage Title
When a vehicle is issued a salvage title because of major damage or accidents, the manufacturer’s warranty is usually no longer valid. Therefore, it’s essential to ask about the vehicle’s background and any past incidents when buying a used car. Although certified pre-owned cars generally include a full history report, private sellers might not always provide this information.
3. Failure to Perform Proper Service
Ignoring routine maintenance or not completing necessary tasks—like using contaminated fluids or bypassing oil changes—can lead to the cancellation of your warranty. Manufacturers anticipate that vehicle owners will adhere to their suggested maintenance timelines, and neglecting these guidelines could result in warranty claims being rejected.
4. Modifications and Aftermarket Parts
Changes made to a vehicle don’t necessarily cancel the warranty, but they can do so if they fail other components. For example, putting in an aftermarket exhaust system might invalidate the warranty if it leads to damage to the engine.
5. Altered Odometer
When a dealer is unable to verify a vehicle’s mileage because the odometer has been modified, they often retain the option to void the warranty. Dealers might examine the vehicle’s history for any mileage discrepancies that could indicate tampering.
6. Environmental Damage
Warranties may be rendered invalid due to damages caused by environmental conditions like floods, fires, or earthquakes. Typically, manufacturers do not provide coverage for damage resulting from natural disasters.
These are broad recommendations, and the specific terms of warranties can differ among manufacturers. To find out if your warranty has been violated, seek advice from an attorney who specializes in breach of warranty issues.
Legal Recourse for Breach of Warranty
If you think that your car warranty has been breached and you’re struggling to get the required repairs or compensation, pursuing legal action might be the most effective solution.
Steps to Take
- Seek Advice from Legal Professionals: Contact the specialists at McMillan Law Group. Our knowledgeable California Lemon Law lawyers can assess your situation, explain your entitlements, and offer advice on the next steps to take.
- Think About Submitting a Claim: Should your warranty claim be wrongfully rejected, it might be necessary to initiate an official claim against the manufacturer or dealer. This could entail negotiations or legal action based on the specific details of your case.
- Maintain Comprehensive Records: Ensure you document all repairs, interactions,, and warranty paperwork thoroughly. This information will be crucial in supporting your claim.
Contact McMillan Law Group Today!
If you believe that your car warranty has been violated and are having difficulty securing the repairs or compensation you are entitled to, feel free to contact McMillan Law Group. Our skilled lemon law attorneys are ready to evaluate your situation, explain your rights, and help you seek a refund or a replacement vehicle.
Contact us now at +1 619-795-9430 to receive a complimentary case assessment and begin safeguarding your rights as a consumer!
It is essential for consumers buying or leasing vehicles to comprehend their rights regarding California’s breach of warranty laws. By learning about the various kinds of warranties, recognizing actions that could invalidate a warranty, and understanding the process to follow if your warranty claim is rejected, you can more effectively safeguard your interests.
Should you feel that your warranty has been violated, don’t face the intricate legal challenges by yourself. Reach out to us for professional legal assistance and support in seeking the justice that is rightfully yours.