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Warranties
Let's take a closer look at the laws concerning warranties on motor vehicles in California.
What is an "Express Warranty"?
The Express Warranty is the collection of explicit promises the manufacturer makes to you about the vehicle. For instance, a warranty might promise that the company or an authorized service center will repair anything that goes wrong with your car for 36,000 miles or three years of ownership – whichever comes first. In addition, another guarantee called Implied Warranty of Merchantability can give you additional rights.
What is "The Implied Warranty of Merchantability"?
This is an additional guarantee of the car's soundness. An Implied Warranty may last a full year after the sale of the vehicle. However, the seller can stipulate that there should be a shorter period for the Implied Warranty – this period must be reasonable and in no case can be less than 60 days. To prove breach of Implied Warranty, the buyer must show one of the following:
- Vehicle was not of the same quality as those generally accepted in the trade.
- The vehicle was not fit for typical purposes for which similar types of vehicles are sold.
What if my warranty expires while my car is being repaired?
According to California Civil Court Section 1793.1(a)(2), your warranty may be extended equal to the number of whole days that the vehicle is out of your hands for repairs. If the nonconformity repair attempt fails, or if circumstances beyond your control extend the time of repairs, your warranty period can also be extended. However, please note that you must notify the seller or manufacturer of the repair failure within 60 days of its completion in order to qualify for this warranty extension. Lastly, as common-sense would dictate, if you identify a defect during the warranty period, your warranty will not expire unless and until the defect has been repaired.
What should you do if a manufacturer or repair center refuses to cooperate with your requests or inadequately addresses the defect in your vehicle?
For effective California Lemon Law help, turn to the Law Offices of Howard D. Silver. We know the law and have a 95% success rate with lemon law cases. We can be reached either via our online contact form or our toll free number (1-866-49-LEMON) for a free and confidential consultation with seasoned California lemon law warranties attorney, Howard Silver.