Lemon Law / Breach of Warranty

There are hundreds of “Lemon Law” attorneys in California. The vast majority of them will tell you the California Lemon Law only applies to “new” vehicles that have a defect, covered by the manufacturer warranty, which has not been fixed after 3-4 repair attempts. Those attorneys have a very narrow view of the Lemon Law.

The Lemon law applies to any vehicle that was sold with a warranty—New, Certified Pre-Owned, and even Used vehicles that come with a 30 days dealer warranty.

Express Warranty Claims: The dealer/manufacturer fails to fix a defect under warranty after being given a reasonable opportunity to repair the vehicle. A reasonable opportunity could be 3-4 repair attempts, a single repair visit that exceeds 30 days, or where warranty repairs are refused. The remedy for these claims is a repurchase of the vehicle and may also include penalties.

Implied Warranty of Fitness: If you told the dealer what your needs are and relied on the dealer to provide a vehicle that meets those needs, you could have an implied warranty of fitness claim. This issue often arises when the consumers tell the dealer they need a truck that can tow a 6,000 pound trailer and the dealer convinces them to purchase a vehicle that cannot actually tow the trailer. The remedy for an implied warranty claim is a repurchase of the vehicle.

Implied Warranty of Merchantability: In order to be merchantable, a vehicle must meet all of these conditions:

  1.  Pass without objection under the contract description
  2.  Be fit for ordinary purposes
  3.  Adequately contained, packaged, and labeled
  4.  Conform to the representations on the container or label

The remedy for an implied warranty claim is a repurchase of the vehicle.

Auto Law handles all of these Lemon Law / Breach of Warranty type claims.