Many people want to know if it is possible to lemon a car that is not under warranty. The reasons are clear: if you have a car that is not under warranty, can you still make a lemon claim and get a full reimbursement for that lemon car? Well, the news is not that good on this issue, but there might be a loophole.
You see in California, if you buy a car that does not have a warranty, there is still some implied warranty coverage that will be applicable to the vehicle. If a car you bought is a lemon, and it does not have a warranty and is sold “as is,” then you may still have an implied warranty on that vehicle.
What Is an Implied Warranty of Merchantability?
An implied warranty of merchantability is an unwritten promise from a car dealer that the car is fit for the purpose you intended it to have at the time of sale. Simply said, if you buy a car “as is,” that car need to act like a normal car. That means, it needs to run properly, be safe on the roads, and not be full of defects that will affect the safe driving of the vehicle.
An implied warranty of merchantability assumes that the car you bought without a warranty can be covered under the implied warranty. It is just a way for people who buy vehicles outside of a normal warranty to still get some coverage for a warranty on the car. Think of it this way, if no one had any type of warranty on a vehicle if there was no express written warranty from a car dealership, then people who sell cars outside of being a car dealer would never get a car sold. It is a way to offer you some protection on your car bought, even if you don’t have an express warranty from an authorized car dealership on that vehicle.
“Help, I Bought a New Car with Low Miles on the Side of the Road, Am I Covered by the Implied Warranty of Merchantability?”
That is an excellent question, and the answer might surprise you. One of two scenarios will most likely take place in this case. First, if you buy a new car from an unauthorized car dealer, the new car may still have some of the original warranty on it from the brand’s car manufacturer. As long as the original car warranty is still in place, and you are not over the miles for those conditions, you may have some residual warranty on your car. In that case, check off the box for being able to make a claim for a lemon car in that case.
In the second scenario, even if you don’t have an original warranty from the manufacturer on your vehicle that is bought from an unauthorized car dealer, there is an implied warranty of merchantability on the vehicle anyway. This unwritten promise that the car is fit for being driven on the roads, has no obvious defects and is “okay” in every way that matters, means that if for some reason the car you bought is not okay, then the dealer might have violated that warranty. In that case, you can check off the box to making a lemon claim here too.
What Are the Important Conditions of the Implied Warranty of Merchantability?
The conditions of an implied warranty of merchantability per the 2010 California Code, Civil Code, Article 2. Definitions at 1791.1 state that the vehicle must be:
- Able to pass without objection in the trade per the contract description
- Is fit for the ordinary purpose for driving and using a car
- Is properly contained, packaged and labeled
- Conforms to promises made regarding the vehicle on the “label”
If your lemon car does not fit the bill for these conditions, then there might be a problem in that it is not fit for the purpose for driving the car around on a daily basis. If you have questions regarding any of these legal terms, you can call us at the Guardian Lemon Law Group at 888.341.8537 right now. We are here to help you and put you at ease, to get you the full package recovery compensation that you require in your lemon law claim.
Our legal team is able to talk to you regarding your lemon car claim. We are a knowledgeable group of attorneys, and are a multilingual legal office with fluent speakers of: English, Spanish, Portuguese, Tagalog, Armenian, Farsi, Arabic, Hebrew, Russian, French, German, and Korean. You can call us today at the Guardian Lemon Law Group at 888.341.8537.
Guardian Lemon Law Group Covers All Car and Truck Manufacturers for Lemon Law Claims
We are able to discuss your legal claim for a lemon vehicle when you give us a call today at the Guardian Lemon Law Group at 888.341.8537.We can talk to you about your lemon law claim for any type of model, make or brand of new car, or pre-certified used car that is still under the original manufacturer’s warranties. When you call us, we can initiate your lemon law claim for free. Just give us a call today at 888.341.8537.
Typical Common Defects of Lemon Cars and Trucks
There are many common defects that can be found on a lemon car or truck. These manufacturer’s defects often affect the safe driving of a vehicle. Some of the more common defects include issues with:
- Highly inconsistent and difficult gear shifting
- Loss of transmission power during driving on the highway
- Problems with the differential with cracked housings
- Ball joint seals damaged in the suspension systems
- Visible damage on tire treads from the factory
- Fuel system lines and hoses with visible leakage in the lines
- Cracked and poorly performing exhaust systems
- Failure of door lock assembly to keep the doors locked during driving
- Check engine lights coming on at random times
- ABS control failures when using the braking system
The above list of common defects is just a small sampling of the types of lemon car problems that can affect a lemon vehicle. If you have had any issues with your new car and have defects that affect the safe driving of your vehicle, you need to call us at the Guardian Lemon Law Group at 888.341.8537.
Recent Victories of Lemon Law Cases
There are recent victories of lemon law cases and more to come, as courts realize that the big car manufacturers are not going to “get away with” being let off the hook for producing cars and vehicles with major defective parts and components. Some recent cases include:
- In 2022, a U.S. District Judge allowed a final settlement of over $33 million for the class action settlement of the Honda infotainment case.
- In 2021, a class action lawsuit against General Motors settled claims for Z06 model cars that were overheating and had reduced power issues.
- In 2021, General Motors must now pay for claims regarding defective fuel pumps found on their vehicles.
If you have any questions regarding your claim for a lemon vehicle, you can call us today at Guardian Lemon Law Group at 888.341.8537. We are here for you, and ready to help you to get the most reliable information regarding your lemon law case.
Zero Fee Guarantee
Our legal team offers a zero-fee guarantee every day of the week. All that you have to do to be eligible for this guarantee, is to call us now at Guardian Lemon Law Group at 888.341.8537.
Contact Us / Free Case Evaluation
You can call us at the Guardian Lemon Law Group at 888.341.8537 when you have questions regarding whether your lemon car can apply for reimbursement without a warranty. We will review your case with a free case evaluation today. All that you have to do is to call us right now to initiate a lawsuit on the merits of your lemon law claim. You will have access to talk to a lawyer with experience in lemon law cases, and getting you the full settlement package regarding your lemon vehicle and a full reimbursement. Just call us today at Guardian Lemon Law Group at 888.341.8537.