Does the Lemon Law Automatically Toll The Auto Warranty Period During Car Repairs In San Diego?
For consumers who have purchased a new vehicle with an auto warranty, most are grateful for a period of time in which repairs will be made free of charge to them under the terms of their manufacturer’s warranty. However, what many consumers don’t realize is that the lemon law can roll back your auto warranty time period during car repairs.
Up until recently, it was believed that one could not bring a legal action under the California Lemon Law if his or her vehicle had any remaining time on its auto warranty. This article looks at this aspect of the law and whether there should be an automatic toll placed on the consumer’s auto warranty simply because he or she is seeking to recover under the Lemon Law.
What Is The Lemon Law?
The California Lemon Law often referred to as the Song-Beverly Consumer Warranty Act was designed to protect consumers from being sold defective products. In fact, this law applies not only to vehicles but also to any product that has a written warranty at an authorized dealer. However, there are many unanswered questions regarding how the lemon law will apply in certain situations, and courts across the state tend to take different approaches when applying this law.
For example, if a vehicle breaks down after its lemon law rights have expired, can a consumer still pursue legal action under other theories such as fraud or misrepresentation? Alternatively, if an auto manufacturer fails to adhere to its own express warranty on repairs despite several attempts to bring a vehicle into conformity, can a consumer still receive reimbursement for the reduction in the value of that vehicle?
What Is An Auto Warranty?
In order to take advantage of the protections afforded by the lemon law, it is necessary to have what is called an “Auto Warranty”. An auto warranty must be given at or before the time of sale and offer certain guarantees under California Civil Code Section 1793.2, which states that “Every implied warranty on any new motor vehicle subject to registration under this code shall terminate…within one year from the date of delivery to the first Buyer thereof other than a dealer….” An auto warranty does not need to come in writing but exists as soon as you take possession of a vehicle.
Once an auto warranty expires, the manufacturer no longer has a legal duty to fix any defects that it may have concealed before the sale. In other words, when the auto warranty period runs out, consumers are not entitled to receive free repairs from their manufacturers and must either pay for those repairs themselves or file suit against the manufacturer if they feel that they were sold a defective vehicle.
Call Scott Law Group P.C. at (619) 345-5599 for a free consultation.
Contact our Lemon Law experts today to get more information about Lemon Law in California. Call Scott Law Group P.C. at (619) 345-5599 in San Diego, CA.
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