How Does The Lemon Law Define A Valid Car Warranty In San Diego?

How Does The Lemon Law Define A Valid Car Warranty In San Diego?

The G.M. Magnuson-Moss Warranty Act regulates the warranties that come with a new car and how they operate when filed under the lemon law. It is important to understand what constitutes a valid warranty while your case is being reviewed by a state attorney general or a private lawyer.

Types Of Warranties

A manufacturer will often provide two separate types of warranties – one for the car itself, such as auto body damage in an accident, and another for malfunctions in the vehicle’s electronics like power windows or air conditioning which are known as “accessories”. This article concerns the first type of warranty, which can be broken down into two general categories: express and implied. An express warranty is provided directly to consumers by manufacturers, usually through an advertisement or salesperson, without requiring a consumer to ask for it. 

An example might be an ad that provides consumers with the impression that their new car is of such high quality and value that it will never need repairs. Implied warranties are not provided directly by manufacturers but result from laws in your state or the Federal Magnuson-Moss Warranty Act. 

In some states, the implied warranty refers to the “merchantability” of goods – meaning that they must meet normal standards of operating as designed (in the case of cars, this would mean things like seats should stay attached and windows should roll down).

In states that do not have a “merchantability” law, the implied warranty refers to general consumer protection laws regarding deceptive advertising, implied warranties (as described above), and even statements made by salesmen or the manufacturer about how their car will last.

A Lemon Car

The first step when trying to prove that your car is under lemon law for a defective product is to determine exactly what it is you are being charged with violating – whether it be an express warranty or an implied one in accordance with state and federal lemon law. 

After determining this, make sure you fully understand what your rights are within that area of the law so you can explain yourself thoroughly during your legal proceedings. If you find a specific breach of the warranty in accordance with these laws, there may be a way to get more compensation for your troubles.

Purchase Protection Disclosure Statement

When a vehicle has been bought, sold, leased, or exchanged by a dealer, this must be disclosed on a federally mandated notice called “the purchase protection disclosure statement”. It also requires that any verbal representations made by dealers or manufacturers be backed up by specific language on the written warranty. Under these laws, if improper disclosure is made regarding vehicle warranties, it could result in severe fines imposed upon car dealerships themselves.

Contact our team of experts at Scott Law Group P.C. by giving us a call at (619) 345-5599 and avail of our services in San Diego, CA, today!


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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Scott Law Group P.C.

(619) 345-5599