No one plans to have to make a lemon law claim. Buying a car is usually an exciting time, and signing the contract is part of that. Sometimes there are disclaimers included, as to what will be covered under warranty. We’ll discover shortly how these disclaimers need to be structured legally, and we’ll also see how state and federal laws affect them. What’s more, we’ll show how a lemon law attorney can protect your rights, even if you did sign a contract with a disclaimer included.
It all may sound complex, and they often are, these warranty disclaimer situations; you would think there would be no wiggle room for the manufacturer. Aren’t they supposed to honor the vehicle warranty? And if the vehicle exhibits a defect, shouldn’t the manufacturer make good, and provide either a buyback or replacement vehicle? There are a number of hurdles that can occur with warranty disclaimers, but first we need to see how a vehicle gets classified as a lemon. Once we know that, we can review how a warranty disclaimer comes into play, and how a lemon law attorney can provide invaluable assistance that can potentially keep your case from being denied.
Warranty Disclaimers: What are Manufacturers Trying to Accomplish with These?
To get at the heart of what manufacturers try to accomplish with warranty disclaimers, we need to look at several definitions. One is describing what a warranty disclaimer is. It is language used to disclaim, or shift responsibility to, the consumer, to try to invalidate implied warranties.
What is an implied warranty? First, we’ll define what the Uniform Commercial Code (UCC) is. Under this unifying code that standardizes commercial transactions, when merchants sell goods, they automatically come with an implied warranty of merchantability. That means that the products are fit for their typical, everyday uses. Also, if applicable, an implied warranty of fitness is included, for a particular purpose, which ensures the goods match the buyer’s specific needs. These protections apply without any need for explicit statements, helping hold sellers accountable and prevent the sale of substandard items.
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So, where can things potentially go wrong? The UCC does allow disclaimers under certain circumstances (more on that in a moment). Plus, manufacturers may bury warranty disclaimer language in fine print, or otherwise make it hard to understand. Their goal is to shift responsibility to the consumer, so the manufacturer doesn’t have to pay for repairs, refunds, or replacement vehicles. Even if the disclaimer is conspicuous, and you sign the contract knowing it is there, you may still have recourse under lemon law, as we will review shortly.
Criteria for Classifying a Vehicle as a Lemon
Each state has its own lemon laws, and even though they vary state to state, the following main premise is the same across the country: the vehicle must exhibit a substantial defect that severely impacts its use, value or safety. It must be unrepairable after the state’s required minimum number of repairs allotted to the manufacturer (usually 3–4 repair attempts, although this can vary by defect and by state laws). Other criteria may apply depending on your state; consult your attorney for details.
The lemon law attorney will review your evidence and your warranty, and determine if your lemon law claim is valid. But what about if the dealer had disclaimers in the sales contract? These do not preclude you from seeking compensation under lemon laws.
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Example: Perhaps you bought a new truck from a dealer with a prominent “as is” clause, disclaiming dealer warranties. If the engine fails repeatedly, and you’ve taken the vehicle in for multiple repairs under the manufacturer’s warranty, you can still file a lemon law claim. The dealer’s disclaimer doesn’t affect your coverage because you are making a claim for a substantial defect (which the lawyer will seek to prove).
Your Protections Under State Lemon Laws and Federal Law
Every state has its own lemon laws, as we stated above. We noted how these apply to substantial vehicle defects. Your attorney will review your situation, and determine if the problem your vehicle is exhibiting falls under the state lemon law definition. The point to remember with warranty disclaimers is that even though they are allowed under the UCC (to balance commercial and consumer interests), they must follow strict conditions. The disclaimer:
- Must be clearly visible and comprehensible to the average consumer.
- Must clearly state which warranties are being disclaimed.
- Has to be agreed to by the buyer, either directly or implicitly.
Getting back to the discussion of “substantial defect”– proving that can vary on a case-by-case basis, as sometimes a combination of defects can qualify a vehicle as a lemon. A lemon law attorney will examine all the evidence (and gather more, such as expert witness testimony), to prove the substantial defect.
Key insight: A lemon law attorney knows that warranty disclaimers cannot waive a consumer’s lemon law rights. So, if your vehicle qualifies as a lemon, regardless of disclaimers in your sales contract, your attorney should be able to move forward with your claim, by gathering and presenting evidence to prove the vehicle’s substantial defect, and the manufacturer’s obligation under the written warranty.
Avenues the Lemon Law Attorney Can Use to Counter Warranty Disclaimers
The first avenue an attorney can use includes the aforementioned UCC requirements. Then, many states disallow warranty disclaimers altogether, such as the District of Columbia, Kansas, Maryland, Massachusetts, Mississippi, Washington, and West Virginia. Various other states protect used car buyers, and provide for statutory minimum warranties; this makes it difficult for manufacturers to dodge all implied warranty responsibility.
If your car qualifies as a lemon, state laws will be used by the attorney to protect you. Since state laws do vary, federal law, under The Magnuson-Moss Warranty Act (MMWA), protects car owners from manufacturers who try to avoid fixing major defects through deceptive warranty disclaimers.
The Magnuson-Moss Warranty Act voids disclaimers on implied warranties in the presence of written warranties.
“The Act also specifically prohibits businesses who provide written warranties on products from disclaiming or modifying implied warranties, meaning no matter how broad or narrow the written warranty is, customers are always entitled to the basic protection of the “implied warranty of merchantability;” that a good sold will do what it is supposed to do. For example, if you buy a car, that car is supposed to move around safely, like a car should.”
Why Do Manufacturers Try to Evade Responsibility if There are Laws to Block Warranty Disclaimers?
Much of the reason for this goes back to our discussion of “substantial defects.” There are many problems that occur with vehicles that are not substantial defects. So, if manufacturers can get away with not fixing smaller problems, multiply that savings over millions of vehicles, and it saves them a lot of money. Where the warranty disclaimers often will not protect them is in the matters involving substantial defects, where a lemon law attorney will work to prove that the consumer is entitled to compensation for their lemon vehicle.
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But what about issues that straddle these circumstances? Those can happen, and here is how they can potentially play out. Example: if your new truck’s infotainment system glitches occasionally but doesn’t prevent driving, a dealer could invoke the disclaimer to deny free fixes. Since the issue is pretty minor, you might pay for the fix out of pocket, and not take up the issue with the dealer. But, if that glitch escalates into a safety hazard (maybe it freezes during navigation on the highway), that’s a different matter. Then you would potentially be able to make a lemon law claim, and the warranty disclaimer would not automatically shield the manufacturer.
How You Benefit from a Lemon Law Attorney
As we’ve seen here, the complexities of lemon law cases, particularly if they involve warranty disclaimers, can frustrate consumers. Some consumers think they have no chance of making a claim if they signed a contract with a disclaimer. The best course of action when one is unsure in these matters is to have a lemon law attorney review the circumstances for you. You’ll find that often a free case review (866-440-2460) can answer your questions, and also show you a potential way forward, should the attorney find that you have a valid lemon law claim.
Expert Lemon Law Representation You Can Trust
One of the worst parts about a dilemma is not understanding it and feeling frustrated. Allen Stewart, P.C., will explain how state and federal laws pertain to your specific situation, and how we can, should your claim be valid, move forward to pursue compensation on your behalf. We have won many lemon law cases across the country, and are well-known lemon law attorneys in Texas, New York and California. Our attorneys fight aggressively to protect our clients’ rights.
You might wonder if you can afford a lemon law attorney. State law and the aforementioned Magnuson-Moss Warranty Act obligate the manufacturer to pay your legal fees when you win your case. Should you wonder if you need a lawyer to pursue your claim, please know that the manufacturer will bring its own legal team to bear to try to evade, minimize or dismiss your claim. It’s vital that you protect your interests with an experienced lemon law attorney.
Time is of the essence with lemon law claims. We invite you to schedule your free case review (866-440-2460) with Allen Stewart, P.C. We will evaluate your claim and help you stand up to manufacturers’ evasive tactics. Call us today (866-440-2460) for your free evaluation.