Car Warranty Attorneys in California
You May Be Entitled to Damages for Breach of Warranty
Breach of Warranty in California
As a consumer, knowing your rights when buying or leasing a vehicle is crucial. In California, breach of warranty laws offer recourse if a product doesn’t meet the promises made by the seller or manufacturer.
Our experienced lemon lawyers at Norman Taylor & Associates are here to help you understand your rights and navigate the legal process. Learn more about breach of warranty cases below.
What Is Breach of Warranty?
A breach of warranty happens when a seller or manufacturer doesn’t fulfill the terms of promises in a warranty, which is a guarantee about a product’s quality, performance, or condition. There are two types of warranties for vehicles:
Express Warranty
An express warranty is a clear statement or promise made by the seller or manufacturer, like a written warranty stating that a vehicle will be defect-free for one year. If the car has issues within that time and isn’t fixed or replaced as promised, it’s a breach of express warranty.
Implied Warranty
An implied warranty is created by law, not a specific statement. In California, there are two recognized implied warranties:
- Implied warranty of merchantability: Ensures goods are fit for their usual purpose and meet promises on the label or packaging.
- Implied warranty of fitness for a particular purpose: This applies when a buyer relies on the seller’s expertise to choose a suitable product for a specific purpose, and the seller is aware of that purpose.
How Do I Fight a Denied Warranty Claim?
If your car warranty is being ignored or denied, you may have a breach of warranty case. The most common issue is not fixing issues covered by the warranty after a reasonable number of repairs.
If you suspect a breach of warranty, contact our lemon law attorneys. We’ll help you understand your rights, check if your warranty is still valid, and explain your options. We need to ensure nothing voided your warranty.
Think your warranty is breached? Call 818-244-3905 for a FREE case evaluation before attempting repairs on your own!
What Voids a Car Warranty in California?
Dealers must honor car warranties, but buyers also have a responsibility to avoid actions that could void the warranty. Understanding factors that may void a car warranty in California is crucial to protecting your legal rights. Common factors include:
- Misuse of the vehicle: Using the vehicle for illegal or unintended purposes, like street racing or off-roading.
- Salvage title: If a car has a salvage title due to a major accident, the manufacturer’s warranty is voided. When buying a used car, ask about its history and accidents. Certified pre-owned vehicles usually have a complete history report, but independent sellers may not share these details.
- Failure to perform proper service: Neglecting scheduled maintenance or not taking care of essential tasks like using dirty fluids or skipping oil changes could void the warranty.
- Modifications/after-market parts: While modifications don’t automatically void the warranty, they might if they cause other parts to fail.
- Altered odometer: If the dealer can’t confirm your vehicle’s mileage because of an altered odometer, they usually have the right to cancel your warranty. Dealers may review the vehicle’s history for any mileage inconsistencies, which could suggest tampering with the odometer.
- Environmental damage: Damages from factors like flooding, fires, or earthquakes could void the warranty.
These are general guidelines, and warranty terms may vary. To check if your warranty is breached, consult a qualified attorney who specializes in breach warranty claims.
Take Legal Action With Help From Norman Taylor & Associates
If you think your car warranty is violated and you’re having trouble getting the right repairs or compensation, contact Norman Taylor & Associates today! Our experienced lemon law attorneys can assess your case, clarify your rights, and assist you in pursuing a refund or replacement vehicle.
