Implied Warranty of Merchantability
If your vehicle was not sold “As-Is,” your vehicle came with an important warranty - the Implied Warranty of Merchantability. This warranty guarantees that the vehicle you bought was “in safe condition and substantially free of defects.” If the dealer sold you an unsafe vehicle, or a vehicle that has mechanical problems, the dealer may have breached the Implied Warranty of Merchantability, and you may be able to return the vehicle and get your money back under California’s “Lemon Law.”
Implied Warranty of Fitness for a Particular Purpose
If you tell the dealer you need a vehicle for a specific reason - for instance, you need to tow a 2,000 pound trailer - and the dealer sells you a vehicle, that vehicle has an implied warranty of fitness for that purpose. If you find out later that the vehicle cannot tow 2,000 pounds, the dealer has breached this warranty, and you may be able to return the vehicle and get your money back under California’s “Lemon Law.”
