Breach of Warranty in California
If you’re a buyer in California, it’s crucial to be aware of your rights when it comes to buying or leasing a vehicle. The state’s laws concerning breach of warranty safeguard you in situations where a product, like an automobile, fails to fulfill the promises made by the seller or manufacturer. This guide offers a comprehensive overview of breach of warranty claims and outlines the actions you can take to pursue justice if your warranty is violated.
At McMillan Law Group, our knowledgeable lemon law lawyers are ready to assist you in understanding the legal procedures and safeguarding your rights. In the following sections, we provide a comprehensive overview of what you should be aware of regarding breach of warranty claims.
What Is a Breach of Warranty?
A breach of warranty takes place when a seller or manufacturer does not fulfill the commitments outlined in a warranty. A warranty serves as an assurance that a product, like a car, will adhere to specific quality, performance, or condition standards. If these standards are not satisfied, consumers may seek legal remedies by filing a breach of warranty claim.
In California, vehicle purchases are generally covered by two main categories of warranties: express warranties and implied warranties.
Express Warranty
An express warranty refers to a specific assurance or commitment made by the seller or manufacturer. Typically, this is documented in a formal agreement, like a car warranty that assures the vehicle will be free from defects for a designated timeframe. For example, if the warranty states that the car will have no defects for one year and problems occur during that time that are not adequately addressed or resolved as promised, it would be considered a violation of the express warranty.
In vehicle sales, express warranties are frequently encountered and provide assurances regarding repairs, replacements, or refunds if the product fails to meet specified criteria. These warranties may address various problems, including mechanical issues, electrical failures, and other types of malfunctions in the vehicle.
Implied Warranty
An implied warranty is not directly articulated but is recognized by legal standards. In California, vehicle sales are subject to two specific categories of implied warranties.
Implied Warranty of Merchantability
The implied warranty of merchantability guarantees that products are suitable for their typical use. When it comes to vehicles, this entails that the car must operate correctly and fulfill standard safety and usability expectations. For instance, the vehicle should start up, run smoothly, and be safe for operation without significant problems.
Implied Warranty of Fitness for a Particular Purpose
The implied warranty of fitness for a specific purpose comes into play when a purchaser depends on the seller’s knowledge to select an appropriate item for a particular use, and the seller is aware of that intended use. For example, if you request a vehicle designed for off-road driving and the salesperson suggests a car that is unsuitable for those conditions, this may constitute a violation of the implied warranty of fitness.
How to Fight a Denied Warranty Claim
Navigating a rejected warranty claim can be exasperating, particularly when the issue with your car falls within the warranty’s coverage. A breach of warranty situation typically occurs when the seller or manufacturer fails to resolve defects after a sufficient number of repair attempts. If your vehicle’s warranty is being overlooked or denied, you might have grounds for a legitimate breach of warranty claim.
Steps to Take
If you think there may be a violation of warranty, it’s crucial to respond swiftly. Take the following actions to safeguard your rights and collect the essential details of your situation:
- Examine Your Warranty: Take the time to thoroughly review the details of your vehicle’s warranty to verify that your current issue is included. Pay attention to expiration dates and the specific repairs that fall under warranty coverage.
- Keep Thorough Records: Maintain comprehensive documentation of your vehicle’s issues, including any repair attempts, interactions with the dealership or manufacturer, and all relevant receipts or repair orders.
- Seek Advice from a Lemon Law Attorney: Contact an attorney who specializes in warranty breach cases. They can evaluate your situation, confirm whether your warranty remains valid, and clarify your legal options. At McMillan Law Group, our California lemon law lawyers are available to assess your case and guide you through the legal process.
- Refrain from Unauthorized Repairs: Avoid conducting repairs yourself or hiring independent mechanics unless expressly permitted by the terms of your warranty. Unauthorized repairs could invalidate your warranty and diminish the strength of your claim.
Should your warranty be violated, don’t wait to get legal help. Reach out to McMillan Law Group for a complimentary case assessment now!
What Voids a Car Warranty in California?
Sellers and manufacturers must uphold legitimate car warranties, but consumers have their own responsibilities as well. Certain behaviors can lead to the cancellation of a warranty, which would leave the purchaser unprotected. In California, various common reasons could invalidate a car warranty. Being aware of these reasons is essential for maintaining your warranty entitlements.
Misuse of the Vehicle
Utilizing a vehicle for activities other than those it was designed for could potentially invalidate the warranty. For instance, engaging in unlawful actions like street racing or taking the vehicle off-road when it’s not built for that purpose may lead to a loss of warranty protection. To ensure your warranty remains intact, always operate the vehicle following the manufacturer’s recommendations.
Salvage Title
When a vehicle is assigned a salvage title as a result of significant damage or an accident, the manufacturer’s warranty could be rendered invalid. A salvage title signifies that an insurance company has deemed the car a total loss, usually because of serious harm from incidents like accidents, fires, or floods. If you’re considering buying a used car, it’s crucial to ask about its background, particularly regarding any salvage titles. While certified pre-owned vehicles generally provide comprehensive history reports, private sellers might not share this information. Therefore, it’s important to thoroughly investigate to safeguard your warranty rights.
Failure to Perform Proper Maintenance
Failing to perform regular maintenance or disregarding the service schedule for your vehicle can cause problems with your warranty. It’s essential to keep up with routine tasks like oil changes, checking fluids, and rotating tires to ensure your warranty remains valid. Utilizing unsuitable or contaminated fluids, neglecting to replace worn components, or bypassing scheduled maintenance could lead to a canceled warranty.
Modifications or Aftermarket Parts
Although not all modifications or aftermarket components will immediately invalidate a warranty, they can lead to warranty problems if they fail other vehicle parts. For instance, installing a high-performance exhaust system might influence the car’s overall performance, potentially causing warranty complications. It’s essential to consult your dealer or manufacturer before making any changes to confirm that your warranty stays intact.
Altered Odometer
Tampering with the odometer can lead to the cancellation of a car’s warranty. If the manufacturer or dealer is unable to confirm the mileage because of such modifications, they are entitled to invalidate the warranty. Numerous dealerships check a vehicle’s history for any inconsistencies in mileage as a way to identify potential tampering. Should they find that the odometer has been adjusted or manipulated, it could result in the warranty being deemed.
Environmental Damage
Natural disasters like floods, fires, or earthquakes can lead to the cancellation of a vehicle’s warranty. Warranty coverage typically does not include damage caused by environmental factors that exceed regular wear and tear. For instance, if a vehicle sustains damage due to flooding, the manufacturer will not be liable for repair costs under the warranty.
The specifics of these elements may differ based on the warranty conditions and the manufacturer involved. If you have doubts about the validity of your warranty, it’s advisable to seek guidance from a knowledgeable attorney who focuses on breach of warranty issues.
Take Legal Action with Help from McMillan Law Group
Should you feel that your car warranty has been violated and are having difficulty obtaining the repairs or compensation you deserve, pursuing legal action might be a viable option. At McMillan Law Group, our skilled California lemon law attorneys are ready to support you. We will evaluate your circumstances, clarify your rights under California legislation, and guide you in striving for the most favorable resolution.
If you’re looking for a new vehicle, a refund, or reimbursement for repairs, we are dedicated to protecting your rights. Don’t allow a manufacturer or dealership to overlook your warranty claim—contact us now for a complimentary consultation. Call us at +1 619-795-9430 today to schedule a consultation and find out if your case qualifies for lemon law protection.