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Does Lemon Law Protect Consumers Who Have an Implied Car Warranty?

Fri 9th Apr, 2021 by in Lemon Law

If you have been the victim of a faulty vehicle, we know how challenging it can be to file a claim with your manufacturer. It’s frustrating when you put your safety and your family’s safety in the hands of car manufacturers, only to realize that your life was at risk when you got into your car. If you’ve been driving a lemon, it’s likely you have many questions about the right way to proceed so that you get the justice you deserve. At Quill and Arrow, we are dedicated to guiding you through the process of filing a lemon law claim and understanding your rights as a consumer of poor car manufacturing. We are here to answer any questions you may have regarding what protections you have under lemon law, especially in situations where there is an implied car warranty. If you’d like more information on what protections lemon law provides if you have an implied car warranty, read below to see how Quill and Arrow can help you.

 

How Does Lemon Law Protect You in California?

In California specifically, a legal act called the Song-Beverly Consumer Warranty Act serves as motor vehicle lemon law. This act outlines what protections consumers have and what regulations and penalties apply when manufacturers violate both express and implied warranties. There is even additional consumer protection in place under lemon law that ensures any language in warranties that would waive the protection offered by lemon law is automatically void because it directly violates public policy provisions. However, while many consumers have a strong grasp on what consumer protections are in place in regards to express warranties, many people do not know that these same protections are in place for implied warranties as well. 

 

So, What Do Implied Car Warranties Look Like?

Lemon law in California offers consumers two different kinds of implied car warranties. These two warranties are called an implied warranty of merchantability and an implied warranty of fitness. Either one of these warranties should accompany your vehicle purchase whether you have an expressed car warranty or not. An implied warranty of merchantability is an implied warranty that applies to the sale of a motor vehicle and guarantees that the vehicle is suitable for its intended and expected purpose. An implied warranty of fitness applies to the sale of a vehicle when the sales person knows that the consumer requires the vehicle for a specific purpose, and the consumer relies on the sales person’s decision to choose the vehicle for them. 

Even though lemon law in California says that manufacturers can disclaim an implied car warranty with clear and obvious writing, if the manufacturer provides an express car warranty when the consumer leased or purchased the vehicle, then the implied warranty cannot be adjusted, limited, or disclaimed. To make sure that consumer protections are still in place, lemon law requires that consumers are provided with clear documentation informing them of any disclaimers before the sale of the vehicle. This includes information that the consumer is being sold the vehicle “as is” and that they accept all risks related to the performance and quality of the vehicle. The documentation is required to state that if there are any issues or defects with the vehicle after the sale, the consumer will be responsible for all costs associated with repairing and/or servicing their motor vehicle. 

 

How Long Do Implied Warranties Last?

It’s incredibly important for consumers to be aware of how long their implied car warranty is in effect for. Whereas express car warranties generally have a specific time period that it’s valid for, implied car warranties do not provide explicit information to the consumer about how long the warranty is valid for. As a result, many people who purchase motor vehicles do not know how long they are protected under lemon law. Unfortunately, what complicates this matter even more is that lemon law outlines the validity period for implied car warranties differently depending on whether the purchased vehicle is used or new. 

Both the implied warranty of fitness and implied warranty of merchantability have a validity period of the same length as a similar express car warranty regardless of whether the vehicle is used or new. However, when it comes to implied warranties for new cars, if the sales person did not provide an express car warranty or if your express car warranty does not specify the validity period, then your implied warranty is valid for a period of one year. When you have an implied warranty on a used vehicle, if your sales person does not provide an express warranty or your express car warranty does not specify a validity period, then your implied warranty is only effective for a period of three months. 

 

If You Are Hoping to File a Lemon Law Claim But Are Unsure About Your Implied Warranty, Speak With a Lemon Law Attorney Today.

At Quill and Arrow, we understand how frustrating it can be when you don’t understand the intricacies of your warranty, whether it’s implied or expressed. However, implied warranties can be especially tricky, so consulting with experienced lemon law attorneys is your best chance at successfully filing a lemon law claim. At Quill and Arrow, we are intimately familiar with the complexities of consumer protection laws when it comes to lemon law. We are highly experienced with successfully filing and winning lemon law claims, and we are committed to standing by your side throughout the process of dealing with manufacturers and understanding your warranty. The decision you make regarding your lemon law attorney when filing a claim can be the make or break of your case. If you are in need of a lemon law attorney to assist with filing a claim or understanding your rights as a consumer, please do not hesitate to reach out by calling us at 310-933-4271 to set up a free case evaluation. Remember, you pay nothing until we win your case.