If your car warranty is all talk but no coverage, you may be dealing with a breach of contract. Warranty breaches occur with more than automobiles, such as major appliances, electronics, and other goods sold. However, when it’s your vehicle is involved, you may have a reason to file a Lemon Law claim.
A breach of warranty occurs when a car dealer or manufacturer fails to honor the promises made in a written or implied warranty. In California, state laws require that the manufacturer hold up its end of the deal, and you can hold the company accountable for the defective product.
The Lemon Pros are experienced in helping clients with a breach of warranty. As expert car warranty lawyers, we’ve settled thousands of cases for our customers. Contact us today for your free consultation.
In this comprehensive article, we'll cover the basics of a warranty breach, how to file a Lemon Law case, how to get compensation for your warranty lawsuit, and why you might need a lawyer.
A warranty is a promise or assurance that a product is going to operate as intended. When the promise isn’t kept and the product fails prematurely, it’s known as a breach of warranty.
In the automotive world, there are many different types of warranties.
If the seller breaches an express or implied warranty, you can pursue justice through the legal system.
Let’s start with a breach of the express warranty. The biggest issue tends to come with the factory warranty, such as when the manufacturer promises the automobile will function as expected for five years or 60,000 miles. If the engine only makes it three years and 36,000 miles, but the manufacturer doesn’t cover it through a warranty claim, then there’s been a breach.
The same is true with the Certified Pre-Owned warranty. If the dealer promises that the car passed a 100-point inspection, but one of those components is faulty, they need to repair it. Otherwise, there’s a breach.
Basically, any written warranty must be honored, or there’s a legal breach.
Moving on to implied warranties of merchantability, the car is expected to operate as a typical vehicle would, unless otherwise disclosed by the seller. Therefore, the brakes should work and the transmission should shift, etc.
If the seller hasn’t disclosed major malfunctions and the car wasn’t sold as-is, you may have a case.
If the warranty is broken, you have options. You might be able to:
In the United States, the Uniform Commercial Code (UCC) helps protect your rights. It’s a set of laws that supports fair deals between buyers and sellers. A qualified Lemon Law attorney understands the rights laid out in the Uniform Commercial Code (UCC) and helps you fight for what’s fair.
You'll need to prove that there's been a breach of warranty, which means you'll need a lot of documentation and paperwork.
You need to gather together all of your warranty statements and the sales contract that outlines the purchase price with agreed-upon payments. You also want any repair orders that have already occurred and a record of communication between you and the dealer or manufacturer.
With this, you should have documentation proving that the vehicle doesn’t meet the terms outlined. You can take photos or videos of the defect. It’s also good to have the written report from any mechanic who has worked on it.
All of this information should be given to your lawyer who handles warranty cases.
In California, a warranty breach case can quickly qualify for the Lemon Law, otherwise known as the Song-Beverly Consumer Warranty Act. The legislation applies to personal vehicles that were bought or leased in CA. Most of the time, the regulations are geared toward new cars, but there are also some stipulations for pre-owned vehicles.
To qualify, the car must have a defect that occurs during the warranty period. This defect must substantially impair the use, value, or safety of the vehicle.
Additionally, you must give the manufacturer ample time to repair the problem. In California, the manufacturer is permitted a minimum of four repair attempts in most cases. With a serious safety concern, only two may be needed.
There are a few exceptions to those rules. For example, if the car has been out of service for more than thirty days for warranty repairs, you may be able to bypass the required number of fixes. Additionally, if the manufacturer refuses to honor the warranty, you may be able to file sooner.
Just be sure that you’ve documented everything that has happened since you received the car. The more proof you have, the easier it will be to get compensation.
Many of the most common car problems can lead to a Lemon Law claim if the warranty isn’t upheld. These issues include transmission failures that weren’t fixed after repeated repairs. Engine problems, such as overheating, leaking fluids, or specific performance complaints, could also be included.
Cars with electrical system malfunctions, whether it be due to faulty sensors, a defective battery, or unresolved warning lights, all would qualify under the Lemon Law. Brake problems are another common complaint.
Steering issues, such as pulling, stiffness, or complete loss of control, can also be covered. If you are having trouble with your air conditioning or heating systems under warranty, you also want to speak with a lawyer. Furthermore, a persistent Check Engine Light is another common reason for filing a claim.
Because of the broadness of the Lemon Law, you can also file for infotainment or touchscreen failures or battery, and charging system problems. The list is endless, as long as the problem hinders the value, use, or safety of the vehicle.
The first step is to review your warranty coverage to make sure the manufacturer or dealer is legally obligated to repair the issue. Make sure the warranty is still valid and that it covers the components in question. Don’t forget that some used cars also have warranty protection depending on where you purchased them from.
Next, you want to document the problem. Take photos and videos of the issue and keep a record of when they occur. You should also start recording every time the car is in the shop.
You must give the manufacturer a reasonable number of repair attempts to resolve the issue. Typically, this means a minimum of four visits. However, only two are required if there’s a serious threat of personal injury because of the defect.
Keep a copy of every repair invoice. Make sure the documentation describes the problem clearly, lists every step taken to repair the issue, and states the date of service (in and out). If possible, ask the technician to write some notes about the problem as well.
Before filing a Lemon Law claim, you must notify the manufacturer. We recommend sending a demand letter in writing through certified mail, so there’s a paper trail. This letter allows them the opportunity to fix the problem before the claim is escalated. Keep copies of all correspondence.
If you don’t get an adequate response, it’s time to file a Lemon Law claim. Depending on the situation, you may be entitled to one of the following forms of compensation:
If you win, the manufacturer may also have to pay your attorney’s fees. Considering that you can get a free consultation and you may not need to pay for services out of pocket, there should be nothing stopping you from starting the claim.
While you could win a Lemon Law case without a lawyer, there’s no reason to try on your own. Lawyers can get higher settlements, and most manufacturers settle faster to avoid court. Talk to an experienced attorney today to ensure the manufacturer or dealership is held liable.
In most cases, you have four years from the time of the initial issue to file a lawsuit. However, you should never wait that long. To prove that the defect was enough to hinder the use, value, or safety of the vehicle, you want to take prompt action. Otherwise, the courts may see it as a minor inconvenience to you, at best.
You have every right to expect that your car is going to be defect-free after you purchase it. When that doesn’t happen and there’s a warranty in place, it’s reasonable to also expect the defect to be repaired.
If your rights have been violated, it’s time to take action. You need an experienced team of attorneys working on your behalf to defend your rights.
The Lemon Pros have the experience needed to get a quick settlement. We're dedicated to protecting our clients' rights. Find us on Google and contact us for your free consultation today.
Below, we have answered some of the more common questions people had regarding the breach of warranty:
Let’s imagine that you purchase a car with a three-year warranty, but there’s a complete engine failure after six months. When the manufacturer fails to fulfill its obligation while the car is under warranty, it’s considered a breach.
Whenever a warranty promise is made, for a vehicle or other consumer product, and not fulfilled, it’s known as a breach. A manufacturer may be held responsible under strict liability if a defect causes harm or affects the product’s quality.
You may need to file a lawsuit. The specific purpose of these claims is to get the manufacturer or dealership to fix the car. However, other remedies may include a Lemon Law buyback, a replacement vehicle, or cash compensation for your troubles.
Yes, a dealer can be held liable if they failed to disclose information to the buyer or the car didn’t meet the requirements for its intended use. Contract action can be taken against the dealership and manufacturer for the breach.
Yes, unless the manufacturer or seller makes good on the promises made in the warranty, a lawsuit can be filed. The outcome depends on your circumstances, which is why contacting a lawyer is critical to success.
The express warranty is anything that’s been put in writing, such as the factory or extended warranties. Other warranties, such as the implied warranty of merchantability, aren’t written down but are automatically assumed by law. These promise that the product will work as expected for its ordinary purpose.
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