If you have recently purchased a car and it has failed to perform as promised, your next step should be to determine if what happened falls under the lemon law. The California lemon law is designed to protect consumers who have purchased a vehicle that has defects or malfunctions. A warranty or guarantee is a promise made by the manufacturer of a product or service to the consumer; in most cases, it’s provided by the dealer or retailer. If you believe that your vehicle falls under these categories, you should contact a lemon law lawyer San Diego.
The California Lemon Law
The Song-Beverly Consumer Warranty Act, found in California Civil Code Title 1.7 Consumer Warranties, is the law that protects consumers from manufacturers’ breaches of warranty. It includes provisions for many consumer circumstances but also contains provisions related to motor vehicles. These are also called lemon laws, and they’re found under Section 1793.
Under this code, manufacturers are liable for fulfilling any implied warranties involved with product sales, carrying out the terms of any express warranties that come with the product, and not waiving any implied warranties unless they are sold as “as is” or “with all faults.” In order for a seller to be able to sell a product as “as is,” they must send a notice to the buyer before the sale.
It’s important to remember that the California lemon law also protects consumers. A consumer must prove that their vehicle has a substantial defect and inform the manufacturer of it to be eligible for lemon law protection.
Manufacturer’s Role Under Breach of Warranty
Think of a lemon as a product that can’t be saved. When a car is a lemon, the manufacturer must repair it three times within 18 months of purchase or refund the owner’s money. Additionally, if three repair attempts have been unsuccessful, the owner has the legal right to have their car repurchased by the manufacturer. When this happens, the manufacturer must initiate an appropriate offer to the consumer. If the manufacturer doesn’t want to replace the car or refund you, you have the option to file a lawsuit against them.
Did you know that there is a federal lemon law that states that if a vehicle has an “unreasonable number of defects or malfunctions,” the manufacturer may be legally required to replace the vehicle or refund the customer? If you feel like you have a lemon and the company refuses to either fix it or give it back, file a civil suit. The company may be required to compensate you for your troubles pay your attorney’s fees and buy back or give you a replacement vehicle.
A wide variety of vehicles are covered by California’s lemon law, but eligibility requirements need to be met first. These include motor vehicles, recreational vehicles, leased vehicles, and used vehicles. But, there are other requirements as well. For example, the vehicle must not have been registered for more than 18 months and the original owner must have had possession for at least 30 days.
Filing For a Breach of Warranty in California
Finding out you are ineligible for a lemon law claim can be both disappointing and devastating. But there are other legal options. Some warranties go beyond the eligibility requirements for a lemon law claim. If so, you can file a lawsuit citing breach of warranty. The manufacturer is obligated to make all repairs and fix any defects that are covered by the warranty as long as the vehicle is under warranty.
If you’re in the market for a new car, you should know that your vehicle’s manufacturer is responsible for its warranty. For instance, if your car breaks down, the manufacturer is obligated to fix it. If they refuse or charge an unfair price, you can bring up your complaint with your lawyer. A breach of warranty claim typically lasts four years, so be sure to contact an attorney as soon as possible.
Contact The McMillan Law Group
A car warranty is in place in case there is a failure in the vehicle due to a manufacturer’s defect. If the dealership is in violation of any part of the agreement, it could be considered a breach of warranty. The number of repair attempts is one way to tell if you have a lemon law claim.
California’s lemon law states that you have a claim after a reasonable amount of time or when the manufacturer refuses to honor their warranty. If you are in a situation such as this, our lemon law lawyer San Diego from the McMillan Law Group office can help you know what options you have. Call us on +1 619-795-9430 to get a free evaluation and discuss your case.