In the United States all new automobiles come with a manufacturer’s written warranty. This warranty is a detailed document outlining what repairs the manufacturer will cover, for a specified period of time or until a certain mileage is reached on the vehicle. This warranty is usually accompanied by an implied warranty which is an unwritten promise that the vehicle being sold will meet certain standards and is fit to operate for the purpose in which it is intended to be used. Because this warranty is not written down, it is up to the buyer to prove that the seller withheld information about problems with the vehicle at the time of sale. If a vehicle is being sold “as is” or “with faults” the implied warranty will be void.

When dealing with used cars, warranties becomes more complicated. Some used cars come with the remaining manufacturer’s warranty if the expiration year or mileage limit has not yet been reached and some require the consumer pay to activate it. If the used car dealer picks up the cost of the remaining manufacturer’s warranty, it is considered a car warranty, but if the consumer is asked to pay an extra cost to activate the remaining manufacturer’s car warranty it is usually considered a service contract.

Consumers are often asked if they would like to purchase an extended car warranty. This offer is usually presented towards the end of the manufacturer’s warranty and is actually considered a “service contract. The extended car warranty details what repairs will be covered by the dealer, the manufacturer or an independent company at the expiration point of the manufacturer’s warranty. An extended car warranty does not usually cover everything in the vehicle and can become very complicated. When purchasing an extended warranty, there are five questions you should ask yourself.

  • How long do you plan to keep the vehicle?
  • Who stands behind the warranty? The automaker, the dealer or a third party company?
  • Can you get a better extended warranty from another dealership or negotiate the price with the dealership you are at?
  • Do you know what is covered?
  • What is your repair history and the repair history of the model vehicle you are buying?

Many consumers find that they pay more for the extended car warranty than they earned back from it in covered repair costs. A few exceptions include vehicles with higher rates of mechanical problems, vehicles with expensive extra equipment, or if the contract offers free maintenance.

One misconception about extended warranties is that purchasing one will extend the California lemon law coverage. This is absolutely not true. The California lemon law only covers vehicles which started to have problem during the manufacturer’s written original warranty. Consumer advocates warn those considering an extended car warranty to carefully study what a service contract does — and does not – cover. Any verbal promises made to you should be noted and signed by someone of authority on the warranty contract you are purchasing.

We were recently contacted by a consumer from Glendale, California after he saw a video on our website, www.calemonlaw.com, which featured a woman having the same problem as his, pertaining to a 2009 Mercedes-Benz GL550. While driving on the 405 freeway his vehicle shut off and lose all power. He also had repeated problems with coolant leaks which resulted in the coolant warning light coming on every 3-4 weeks. This problem began just 3 days after he had leased the car. He had taken the car in for repairs on seven (7) separate occasions, but each time was told by the dealer mechanics that they could not find the problems he complained of.

Within a few weeks after retaining our lemon law firm, Mercedes-Benz agreed to repurchase his vehicle under the California Lemon Law. Mercedes-Benz reimbursed our client for all his lease payments, down payment, and registration, less only the legal use fee deduction, and paid our attorney’s fees.

If your vehicle is 2007 or newer and has been having repeated problems that the dealership is unable to fix, please call the Law Offices of Delsack and Associates at our toll-free number 888-Ex-Lemon (888-395-3666) for a free analysis and to learn whether your vehicle qualifies for repurchase under the California Lemon Law.

Just recently we were able to negotiate to have a 2012 Hyundai Sonata repurchased for a client who lived in Orange County. The vehicle only had 6,000 miles on the odometer but had to be repaired several times for a defective suspension and steering system which caused it to sway while driving under normal operating conditions. While the vehicle was almost new and our client had only given the dealer three opportunities to repair the defects, we were able to persuade the manufacturer that this was a safety problem which warranted a full buyback.

The case was concluded within three months, from the time our client first contacted our firm to determine whether he had a viable lemon law case, to the date when it was ultimately repurchased and transferred back to the manufacturer and a client-trust check was rewarded to our client’s for his down payment and monthly payments. This was concurrent with the manufacture’s payoff to our client’s lender of the balance of his loan. Our client was, of course, ecstatic with the results of his lemon law case.

If you own or lease a vehicle which continues to have problems that started during the manufacturer’s original new car warranty, you may be driving a lemon. Please call the Law Offices of Delsack & Assoc., P.C. at 888-EX-LEMON (888-395-3666) for a free consultation with an experienced California lemon law attorney to find out whether we can help you get rid of your lemon.

Chrysler has released a technical service bulletin (TSB) alerting Jeep dealers, owners, and employees of Jeep Death Wobble, and have issued procedures on how to repair and prevent the problem. Death Wobble has been a problem in certain 2005-2010 Jeep Wranglers since November 2010 after hundreds of drivers complained of experiencing shimmy symptoms at speeds above 45 mph, after hitting a pothole. The highest number of complaints came from owners of 2007 models.

The bulletin advises that the steering system be inspected regularly for damaged, especially if the system has not been maintained. Chrysler warns owner that the installation of aftermarket steering and suspension components or wheel and tire assembles incompatible with Jeeps is the biggest cause of steering system vibration. There has been no reported deaths related to the problem, but owners experiencing the wobble have been justified in being frightened for their safety and the safety of others on the road.