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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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