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8 High Desert Warrior                                                                                                              www.aerotechnews.com/ntcfortirwin
        April 1, 2016

Legal

Vehicle lemon law, warranty protects consumers

                     By Capt. Nick Bartholomew                     or nonconformities by the manufacturer or its                                                          See LEMON LAW, page 9
                                                                   agents for 30 or more days.
                    Fort Irwin Legal Assistance Office
                                                                      If you have any questions on whether or not
   Purchasing a car is always a difficult process that can be      your vehicle qualifies for a repurchase under a
made even more burdensome when there are issues with the car.      lemon law, schedule an appointment to discuss
                                                                   the issue with a legal assistance attorney.
   In California, consumers are protected by several warranties
and “lemon laws.” Understanding these laws, as well as your           Used Car Sales. Some used car sales are still
rights, will help the consumer to deal with any issues that arise  covered by a portion of the manufacturer’s
after they purchase a car.                                         warranty if it is still in effect. If this is the case,
                                                                   this warranty is the same as it would be if the
   New car sales. There are several types of warranties associ-    vehicle were new for the remaining duration of
ated with vehicle sales. In California, all cars are sold with an  the manufacturer’s warranty. The majority of
implied warranty of merchantability, and new cars carry more       used car sales will not include a manufacturer’s
specific manufacturer’s warranties. The requirements on the        warranty, but may include a specific dealer’s
manufacturer/dealer to repair or replace defects in the vehicle    warranty or an implied warranty. Any issues that
differ depending on the type of warranty.                          arise regarding a vehicle under either an express
                                                                   or an implied warranty from a dealer must be
   When a car is still under the manufacturer’s warranty, the      addressed through that dealer.
manufacturer is required to repair any defects covered by the
warranty and not caused by the driver’s abuse of the vehicle.         Implied warranties of fitness apply only to
After a reasonable number of repair attempts, the manufacturer     sales by a retailor or distributor who has reason
must repurchase the vehicle. A reasonable amount of repair at-     to know that the goods are required for a par-
tempts depends on the type of defect: 1) Serious safety defects    ticular purpose and that the buyer relies on the
(such as brakes) require one to two repair attempts. 2) Recurring  retailer’s skill and judgement that the goods are
defects that are likely to cause death or serious bodily injury    in fact fit for that purpose. What this means is
require two or more repair attempts. 3) The same nonconfor-        that an implied warranty is only available when
mity or defect has been attempted to be repaired four or more      you purchase the vehicle from a dealer and not a
times. 4) The vehicle is in for repairs for any number of defects

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