Legal Question in Business Law in California

Re: Used Vechicle Warrenty

With used merchandise of any kind, there is less likely an implied warranty than with new products. Therefore, you're probably left with whatever express warranty you received, if any. An express warranty is whatever the seller promised or guaranteed, whether in writing or orally, although oral express warranties can be hard to prove.

So, the starting point is to read your contract and see whether it contains an express warranty. There will probably be something there, more likely than not a very limited warranty, or maybe even a disclaimer of any warranty at all.

You could also perhaps get around a useless warranty or a strictly as-is provision in the contract if you could show active concealment or a misrepresentation.

Concealment and misrepresentation are torts and a species of fraud and if proven, and you justifiably relied upon the misrepresentations or lack of disclosures, you could recover damages. In order for concealment or misrepresentation to occur, it would be necessary that the seller knew of the problem. Mere ignorance or failure to investigate and report on the dealer's part isn't enough.

So, you may have contract rights based on breach of express warranty, or you may have a tort claim based on some kind of fraud.

Re: Used Vechicle Warrenty

It violates the lemon law. Give us a call and we can fix this and they will pay your attorney fees too.