An automobile warranty is a promise made by an automobile dealer or manufacturer to repair or replace defects in your car within a given period of time.
Most cars come with both express and implied warranties. Express warranties are created through written or spoken communication from the dealer of the manufacturer. They can also be created by promises or factual statements made in advertisements. Implied warranties exist automatically when you buy a car.
An express warranty is a promise to repair certain parts of your car, or a statement of fact regarding the quality of your car. For example, if an advertisement states that a car is made out of steel, there is an express warranty about the quality of the car. If the car turns out to be made out of aluminum, this would be a defect according to the warranty and unless it is fixed, you could sue for breach of warranty. All new cars come with a manufacturer?s express warranty that covers repairs to your car for a certain number of miles or for a certain period of time.
There are two types of implied warranties: merchantability and fitness.
If the car seller has not met the terms of the warranty, you usually have to notify him as soon as possible. If you continue to drive the car after you discover the defect, you may forfeit the right to enforce your warranty. If the seller ignores your complaint or refuses to enforce the warranty, you may be able to sue for a breach of warranty and cancel the sale of the car.
Determining whether a dealer or manufacturer has in fact breached a warranty can be complicated. A products liability lawyer can help you determine if you have a case and can defend your rights accordingly.
Last Modified: 03-29-2017 03:41 AM PDTLaw Library Disclaimer
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