California Abogado de incumplimiento de garantía

California Breach of Warranty Attorney

If you purchase a vehicle or any other type of consumer product, you have reasonable expectations for the product to meet certain performance standards, adhere to applicable safety regulations, and generally perform as advertised by the manufacturer. Many new products come with warranty coverage from manufacturers. However, you need to consult a California breach of warranty lawyer if you have problems with a warranty.

Helping Clients With Breach of Warranty Cases

The statewide California Song-Beverly Consumer Warranty Act, otherwise known as the lemon law, is one of the most flexible and consumer-friendly consumer protection laws in the country.

En Ley del Limón Pro, our firm focuses exclusively on lemon law claims in California. A vehicle manufacturer must honor the terms of an express warranty for a covered vehicle. If they fail to do so, it can lead to a breach of warranty case.

Lemon law claims are similar to breach of warranty cases, but they are distinct legal issues. A lemon law claim effectively seeks to compel a manufacturer to comply with the terms of the warranty they sold with a vehicle, whereas a breach of warranty claim arises when a manufacturer fails or refuses to honor the terms of their warranty. At Lemon Law Pro, we can provide meticulous legal counsel for the vehicle warranty issues you have encountered.

Understanding Breach of Warranty

If you are unsure whether you have grounds for a breach of warranty claim in the state, it is first necessary to understand the terms included within express warranties. An express warranty is clearly stated by the manufacturer, making specific promises regarding a product’s performance and what issues the manufacturer will cover if encountered by the consumer. Lemon law claims in the state pertain to express warranties provided with new vehicles.

When you purchase a vehicle with an express warranty, the warranty will make specific claims as to what you can expect from the vehicle, its performance capabilities, and the length of time you should be able to use the vehicle without experiencing any defects. The warranty will also detail how the manufacturer will resolve any issues you encounter and the time during which you can expect full repair coverage from the manufacturer.

An express warranty will also include terms that dictate when a buyer has voided their warranty. While the express warranty you received with your recently purchased vehicle may seem daunting and densely packed with information, it is vital that you carefully review the terms and conditions of the warranty so you fully understand your rights and responsibilities. Many manufacturers rely on claimants’ lack of awareness of their rights to avoid culpability.

Filing a Lemon Law Claim

When it comes to vehicle purchases in California, almost all new vehicles come with express warranties from their manufacturers. If you purchased a used vehicle, it may still be covered by such a warranty, and it is important that you evaluate such details when making any pre-owned vehicle purchase. If you purchased the vehicle from an authorized dealer and the problem arose during the warranty period, you likely have grounds for a lemon law claim.

In a lemon law claim, the consumer must prove that the problem with their vehicle diminishes the vehicle’s usability, value, and/or safety. They must directly notify the manufacturer of the problem, and the manufacturer must have the opportunity to attempt reasonable repairs. This means they must be given a few opportunities to resolve the issue. In most cases, it means four attempts to resolve a problem or two attempts if the problem poses a serious safety risk.

If these attempts prove fruitless, the buyer can file a lemon law claim, and most such claims are resolved through vehicle replacement or refund. Both the manufacturer and the claimant must agree to replacement, and manufacturers will typically offer to replace lemons with equivalent vehicles. It’s understandable that you may not wish to accept such a vehicle under the assumption that you might encounter the exact same problems.

When it comes to refunds, manufacturers buy back lemons at their purchase prices, but consumers are charged a fee based on how many miles they added to their vehicles between the time of sale and the time of the first repair attempt. Your attorney can verify that any such fee is assessed correctly.

Filing a Breach of Warranty Case

If the manufacturer in your lemon law claim refuses to honor the terms of their warranty or fails to rectify the problem with a vehicle covered under warranty, it can form the foundation of a breach of warranty claim. If your situation does not technically meet the legal definition of a lemon law claim, but the vehicle is still covered under warranty, it can also form grounds for a breach of warranty claim.

Lemon Law Pro can work closely with you, reviewing the details of the problems you have encountered with your vehicle and helping you understand the various options you may have for resolving the situation as efficiently as possible. We understand that California’s lemon law and other consumer protection laws are dense, difficult to interpret, and confusing, and we will do everything we can to answer your questions and provide the guidance you need in your case.

If you need to file a lemon law claim in the state, it will not cost you anything in terms of legal fees. There is a specific provision regarding attorney fees in the state’s lemon law, stating that a manufacturer must pay attorney fees, so we will not ask you for a dime for handling your case. You will also get to keep the entirety of your settlement from the manufacturer.

Breach of warranty claims are inherently complex, and while it may be daunting to imagine confronting a large corporation, you can approach your case with confidence when you have a California breach of warranty lawyer on your side. Contacte con Lemon Law Pro hoy mismo to schedule a free consultation with our team and learn about the various legal services we can provide to help resolve your situation as quickly as possible.