A person who has a problem with a faulty car or an auto warranty in California has a number of options under both California and federal law. Lemon laws in most states provide avenues for the buyer of a new car to seek relief if their car breaks down repeatedly. California does not have a lemon law per se, but its version specifically addresses protection of consumers who buy or lease new vehicles if the vehicle exhibits certain defects.
There are several options in California for consumers seeking redress for a defective car or car warranty issue. Among the options that a California car owner has are the following:
- A suit for breach of contract: A warranty, express or implied, is basically a type of contract. If the seller of the warranty does not deliver the performance promised in the warranty, the buyer may sue the seller for breach of contract;
- California Consumer Legal Remedies Act (CLRA): The CLRA comprises laws that offer protection to consumers. They protect consumers from false advertising, fraudulent misrepresentation, and other unfair business practices. The law gives consumers the right to bring a private lawsuit under its provisions. Class action lawsuits are also possible under the CLRA. A person or class may sue to recover damages and stop the unlawful practices;
- California Song-Beverly Consumer Warranty Act (SBCWA): The SBCWA is considered to be California’s version of a lemon law. It would apply to breach of vehicle warranty claims in California. California does not have the specific type of law that is referred to as a “lemon law.” The SBCWA is viewed as California’s version of this type of law;
- The Song-Beverly Act is advantageous as it applies to both new and used cars that are still covered by a manufacturer or dealer warranty. This includes extended warranties. It protects consumers in the event of a breach of warranty and both express and the implied warranties of merchantability and fitness for purpose;
- Magnuson-Moss Warranty Act (MMWA): This is a federal law that governs warranties on all consumer products. The law does not require a manufacturer or retailer to provide a warranty, but if they do provide one, the warranty must comply with this law. The law was written in order to address problems that arose because manufacturers used disclaimers in warranties that were unfair or misleading.
A local attorney in California would be able to help a person review the facts of their case and decide which of the options would produce the best result in their case.
What Is an Automobile Warranty?
An automobile warranty is a type of contract in which the manufacturer of a car promises to pay to repair certain defects in a car that the manufacturer has sold to a consumer. The type of defects that a manufacturer would repair are specified in the warranty.
Another type of warranty, the so-called “after-market” warranty, is also available to consumers. These are warranties that consumers may buy from the manufacturer or from companies that offer them as a stand-alone product not associated with the sale of a vehicle.
Usually, the companies that sell these warranties contact a consumer when they know their manufacturer’s warranty has expired. The manufacturer of a person’s car may offer to sell them an extended warranty when the original manufacturer’s warranty has expired. They work in the same way that the original manufacturer’s warranties work.
What Kinds of Warranties Might Apply to My Car?
The warranties that would apply to a person’s car depend on whether they have a warranty that they bought with a new car, the manufacturer’s warranty, or a stand-alone warranty. The documents from a person’s purchase of a new car should tell them whether they paid for a manufacturer’s warranty when they bought their car.
Often, new car warranties are included in the purchase price of the vehicle. A person does not pay extra for them. However, their documentation should show this.
A common new car warranty might cover repairs or defects for the first three years or 36,000 miles in the life of the car.
An extended warranty would be a separate purchase that a person has made, possibly after their original manufacturer’s warranty ended.
All car manufacturers offer buyers a manufacturer’s warranty when they sell the buyer a new car. Sales of new cars include a new vehicle limited warranty. A dealer may also offer a powertrain warranty and possibly additional warranty protection as well.
When a person buys a new car, they may want to research the type of warranties and service contracts that the dealer is likely to offer and what each one covers. A person wants to understand the coverage that would be available, whether it comes at an additional cost, and what the cost would be.
If a person pays for a warranty or a service contract, they also want to make sure that they are provided with a copy of it for their records. Then, they want to keep it in a safe location where they can find it if they need to refer to it in the future.
What Is the Difference Between Implied and Expressed Warranty?
An express warranty is simply a warranty that is expressly communicated between the parties to the warranty. Preferably, a person would want any warranty they buy to be expressed in writing with a copy of it provided to them at the time of the purchase. However, an express warranty may be oral.
An implied warranty is simply a warranty that is not expressly communicated between the parties to it, either in writing or orally. Usually, implied warranties are implied by law. For example, the law implies a warranty of fitness for a particular purpose in most contracts for the purchase of goods, including motor vehicles.
Every purchase of a car comes with the promise, implied by law, that the vehicle is going to operate and serve the buyer for normal use in driving. If a person drives their vehicle off the lot and it soon breaks down for no apparent reason, the seller may well have violated the implied warranty of fitness for purpose. The buyer would be able to sue the seller to get the car repaired or for compensation for their loss.
How Can I Enforce My Warranty Rights?
As noted above, depending on the warranty and the facts at issue in a situation, a person has a number of options for dealing with a warranty problem. The problem is likely to be one of non-performance by the company that sold the consumer the warranty.
The company may simply refuse to make the repairs that the warranty promises, argue that the repair is not covered by the warranty, or make a substandard repair that does not fix the problem.
If the warranty provider refuses to provide the repair promised, the first thing to do would be to get an explanation in writing of the reason for the refusal to provide the service. This is discussed in greater detail below. Ultimately, however, if the warrantor refuses to provide service, the car owner would file a civil lawsuit in a California court claiming the causes of action above, i.e., breach of contract, breach of express warranty, breach of implied warranties, violation of the SBCWA and the federal MMWA.
What Are Some Common Warranty Legal Violations and Issues?
Reportedly the most common violations of warranties are warranty providers’ refusals to perform under the warranty as promised. The company responsible for performing under the warranty may simply refuse to make the repairs that the warranty promises. The company may argue that the repair is not covered by the warranty. Or they may make a substandard repair that does not fix the problem.
They may claim that some negligent or intentional act of the owner of the car caused the problem and for that reason, the warrantor is not responsible and not obligated to fix the problem.
What Should I Do if My Auto Warranty Is Not Honored?
A person might encounter a warranty or service plan problem, e.g., a refusal to honor a warranty. In this case, they want to ask the company responsible for fulfilling the warranty, e.g., the dealer, to provide the person with the reason for the denial in writing. A person wants their request for a written explanation to be in writing as well. Of course, a person wants to keep copies of every document relating to the situation.
Once a person knows the warrantor’s reason for their denial, a person may work on negotiating a possible resolution. A person might be able to challenge the reason for the denial. For example, the owner might show the warrantor documents proving that the owner has, in fact, made recommended maintenance and repairs.
A person might also be able to negotiate a compromise, e.g., each party would split the cost of a needed repair. If the cost is not huge, a person may be able to cover half of it. A person might want to consult a California auto warranty lawyer who could help them determine if a possible compromise is fair to them.
Can an Auto Warranty Be Voided?
Certain events may void an auto warranty as follows:
- Serious Accident: If a person’s car was in a serious accident and may even have been declared a total loss, the owner gets a salvage title. In this case, any warranty becomes void in its entirety;
- Environmental Damage: If a person’s vehicle was damaged, and possibly totaled, in a natural disaster such as a flood or fire, a person may have to turn to their insurance company because the manufacturer will not cover those repairs under a warranty. If the vehicle has been totaled, the warranty becomes void;
- Altered Odometer: If the odometer on a car has been tampered with, disconnected, replaced, or otherwise altered, then the dealer is not able to determine the true mileage. This usually serves as a reason to void the warranty. It can be challenging to tell whether the odometer in today’s cars has been altered. A person can order a vehicle history report to help spot possible discrepancies between real mileage and what appears on the odometer;
- Serious Neglect: If an owner significantly neglects car maintenance, the warranty could be void.
Car warranty lawyers should be able to help a person determine if their warranty is still in effect or has become void.
Do I Need a California Lawyer for Auto Warranty Issues?
Car warranty disputes may be complicated. The terms of a warranty may be quite technical, and they deal with the parts of a car’s engine. Many consumers are not familiar with car parts and auto mechanical problems. In addition, most of us are dependent on our cars and need them to operate reliably.
A person wants to consult a California auto lawyer for help. A person would want to consult their lawyer as soon as the dealer refuses a repair or other remedy. LegalMatch.com can connect you to a lawyer who can help you determine if your warrant is still in effect and should help you get your car repaired as promised.
