California’s Lemon Law provides strong and valuable protections to car owners and lessees. However, these protections depend on the car’s original warranty from the manufacturer being in force.
A motor vehicle is a lemon in California if it has a substantial defect covered by the manufacturer’s original warranty that has not been resolved despite the manufacturer’s reasonable number of repair attempts. Through a Lemon Law claim, a car owner or lessee may demand that the manufacturer buy back the defective vehicle, which includes a refund of their purchase or lease price and other losses associated with owning the lemon.
If you have a faulty motor vehicle in California, you need to know how to check the vehicle’s warranty. The California Lemon Law lawyers at The Barry Law Firm in Los Angeles can help.
At The Barry Law Firm, we can manage your Lemon Law claim from start to finish and demand that your vehicle’s manufacturer provide an appropriate buyback settlement to you. And we’ll handle your California Lemon Law claim without charging you because the law requires auto manufacturers to pay consumers’ legal fees after a successful claim. You’ll never see a bill from us, no matter the outcome of your case.
If your car has problems under warranty that have defied multiple repair attempts, contact The Barry Law Firm’s lemon car lawyers today for a FAST & FREE review of your case.
Types of Car Warranties You Should Know About
A warranty is a guarantee provided by a manufacturer, seller, or third party to ensure that a product remains usable under certain conditions or for a specific duration of use. A written warranty states terms and situations in which repairs, refunds, or exchanges will be made if the product does not function as originally described or intended.
Some warranties that you may have for your vehicle are:
- Manufacturer’s express warranty – This type of warranty is a written guarantee provided with most new vehicles, typically included as part of the sales contract. Express warranties give the buyer certain rights if the vehicle does not perform as promised. Motor vehicle manufacturers’ warranties are good for a set period or amount of mileage. This is the only warranty type that is covered by California’s Lemon Law.
- Implied warranty – When a manufacturer or dealership sells a vehicle, they do so with the implied promise that the vehicle works for its usual purpose when it is used as intended – with some exceptions. This means you can expect your car to function as a vehicle should.
- Emissions warranty – New cars also come with an emissions warranty, which is required by the government to cover parts related to the vehicle’s emissions system.
- Extended warranty – This is a service contract sold to insure a vehicle after the manufacturer’s original warranty has elapsed. It will provide specified coverage, such as repair to major systems, for an additional term or mileage maximum. A car dealership, the vehicle manufacturer, or a third party might offer an extended warranty.
How to Know If Your Car Is Still Under Warranty
The manufacturer’s express warranty will be good for a certain number of years or until you put a specific number of miles on the car, whichever comes first.
To determine the status of your car’s warranty:
- Consult your purchase documents and owner’s manual. Your car’s owner’s manual and other documents from the purchase will provide details about warranty coverage, including its terms, conditions, and coverage provided.
- Check the odometer. If your vehicle’s mileage exceeds the warranty limit, the warranty has expired. If it does not, you need to know how long you have owned the car.
- Locate the vehicle identification number (VIN). You should be able to find your car’s VIN on the door jamb or dashboard near the windshield on the driver’s side. It should also be on the vehicle’s title, registration, and insurance card.
- Contact the dealership or manufacturer. With a car’s VIN, any dealership that sells the vehicle or the vehicle’s manufacturer can look up the original purchase date for you.
Why Your Warranty Matters in a Lemon Law Claim
To pursue a Lemon Law claim in California, your vehicle’s unresolved defect must be covered by the manufacturer’s express warranty. A valid warranty establishes the manufacturer’s obligation to repair certain vehicle defects. If the warranty has expired, a vehicle may still qualify as a lemon if the warranty was in force when you first sought repair of a covered defect that remains unresolved. However, you still have a limited time to file your claim, so don’t wait to contact a Lemon Law attorney.
When Your Warranty May Allow You to File a Lemon Law Claim
Having a valid express warranty from the manufacturer that covers your vehicle’s defect isn’t the only condition required for filing a Lemon Law claim. The vehicle’s defect must substantially affect its safety, use, or value. That defect must also remain unresolved after giving the manufacturer a reasonable number of attempts to fix it.
A reasonable number of repairs can vary from case to case. If the defect poses a significant danger, two or more attempts to fix the problem are typically considered reasonable under California Lemon Law. If the problem is less severe, manufacturers may be entitled to more than two attempts to fix the problem. In certain circumstances, a vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.
However, express warranties typically have conditions that void the warranty and make it no longer enforceable. For instance, an express warranty and the Lemon Law won’t cover defects caused by:
- Damage from an accident
- Normal wear and tear
- Misuse or neglect of the vehicle
- Aftermarket parts or other modifications
If you aren’t sure whether your warranty or defect may qualify your vehicle as a lemon, the experienced Lemon Law attorneys at The Barry Law Firm can help.
Contact a Lemon Law Attorney If You Need Help
Contact The Barry Law Firm in Los Angeles today if you think you have a lemon. Our experienced and aggressive California Lemon Law attorneys help consumers like you pursue compensation for the costs and losses they have suffered after buying or leasing a lemon car – and we’ll do it all at no cost to you.
At The Barry Law Firm, we have focused exclusively on Lemon Law claims since 2010. During that time, we have helped thousands of vehicle owners and lessees in California obtain justice for their lemon vehicles from major auto manufacturers. Call or reach out online today to schedule your FAST & FREE consultation with one of our skilled Lemon Law attorneys.