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Breach of Warranty in California

California Lemon Law Attorney

As the purchaser or lessee of a vehicle, you possess specific consumer rights that must be protected. An owner of a defective vehicle that does not qualify for a buyback under the lemon law may have recourse for violations of breach of implied warranty. As long as the vehicle is under warranty, the manufacturer has an obligation to you to repair all defects that are covered by the warranty.

Consumer vehicles that fall outside of the lemon law buyback criteria may still have protection under other breach of warranty theories. If your manufacturer has breached your warranty, you may be entitled to substantial damages. Our California lemon law attorneys offer information on what to do where there is a breach of warranty. There is a statute of limitations of four years in which you can bring a lawsuit for breach of express warranty under California’s Lemon Law.. Our team can help you take action to ensure that you are adequately protected.

Do you think you have a lemon? Call us for a free case evaluation before handling repairs yourself! Contact us today to learn how we can help.

What Voids a Car Warranty?

Just as dealers are required to uphold their end of a car warranty, so too are buyers. If the buyer does not uphold their end, the warranty may be voided. It’s important that you do not engage in any activities that could void your warranty; it’s also important to understand additional circumstances that could result in a void car warranty so that you can be aware of your legal rights.

Some things that may void a car warranty include:

  • Misuse of the Vehicle: This is a fairly broad issue, and one that can be interpreted in many ways. Generally speaking, however, misusing a vehicle involves using it for any unlawful purpose, such as street racing, or any purpose for which it was not intended, such as legal competitions, off-roading, and other non-normal uses.
  • Salvage Title: If your vehicle was previously in a major accident and, as a result, was considered a total loss/was given a salvage title, this voids the manufacturer’s warranty. If buying a used vehicle, ask about its history and whether or not it was in any accidents. A certified pre-owned vehicle should come with a full history report, but a used vehicle from an independent seller may not.
  • Failure to Perform Proper Service: Many warranties require vehicle owners to conduct specific maintenance at scheduled times in order to keep the warranty intact. Failure to bring in a vehicle at the appointed time or failing to conduct proper maintenance (e.g., using dirty fluids, failing to get an oil change, etc.) could void your warranty.
  • Modifications/After-Market Parts: While simply having an after-market modification or part does not automatically void your warranty (despite what some dealers may try to tell you), if an after-market part or modification causes another part to fail, this could void the warranty on repairs for that specific part.
  • Altered Odometer: When the dealer cannot verify the mileage on your vehicle due to an odometer that has been altered or tampered with, the dealer typically has grounds to void your warranty. A dealer may check the vehicle’s history to see if there are any inconsistencies in mileage reports, which could indicate odometer tampering.
  • Environmental Damage: Damage caused by environmental factors, such as flooding, fires, or earthquakes, could result in your warranty being voided.

Take Legal Action with Help from Norman Taylor & Associates

Warranty laws require the manufacturer to repair your vehicle as long as it is within the term of the warranty and the defect is covered as set forth in the warranty. You may have a breach of warranty claim if the dealership has violated any part of the agreement. Under California's lemon law, manufacturers can be considered to have breached the warranty after a reasonable number of repair attempts, or for refusing to honor the warranty, depending on the circumstances.

At Norman Taylor & Associates, our California lemon law lawyers understand the laws regarding breach of warranties and what legal actions can be taken. We can help you pursue a replacement vehicle or a full refund in the quickest manner possible. We've been in business for more than 30 years; our legal guidance can provide substantial benefits to your case.

Contact Norman Taylor & Associates today to begin fighting for a solid resolution.

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