Free Buyer GuidesCalifornia Used Car Seller Warranty Lawyer
What legal guarantees do you get when you purchase a used car?
The answer depends on the arrangement you work out with the seller. It can have profound ramifications for your ability to collect a refund (or get a replacement) in the event that a part or the entire vehicle turns out to be defective or malfunctioning. For some used vehicles, the original auto manufacturer's warranty may still be in effect.
Two types of implied warranties can apply to used car purchases:
1. "warranty of merchantability"
This essentially says that the seller has sold a product that does what it’s supposed to do. If you purchase a car to drive, it should drive. This concept of warranty of merchantability applies to a full spectrum of consumer products. If you buy a lamp, it should turn on. If you buy an automated mixer, it should be able to mix. And so on.
2. "implied warranty"
An implied warranty requires that the dealer must fix problems (within the term of the warranty) so that the buyer has a product that’s fit for its intended purpose.
It is possible to buy used cars "as is" – that is, without a warranty.
If you bought a lemon car as-is, in general, you will be responsible for all repairs. So if you grab the keys out of the seller’s hand, and the car breaks down in half a mile, you may be stuck with the repair bill, unless you have a service contract or unless there is an implied warranty arrangement.
If you have no warranty, does that mean you have no rights whatsoever?
No. If the dealer or other seller misrepresents the car or does not disclose the true condition of the vehicle, you may be able to return the car and collect a refund. In fact, in certain cases, depending on the nature of the misrepresentation, you may also be able to collect legal costs and attorney’s fees.
Problems with Used Car Seller Warranties
For a free and confidential consultation about your used car warranty situation – whether you are dealing with technical questions regarding coverage or you believe that you have been snowed under by an unscrupulous salesperson, connect today with the California Lemon Law law firm, The Law Offices of Howard D. Silver. We have an extremely high success rate (95%) and decades of collective experience. Call us today to get the help you need at 1-866-49-LEMON.