Does Car Warranty Law Protect Both Parties?
by Ray Davis
The car warranty law is written to cover every possible situation that could happen with regard to the status or sale of a car. So don't be surprised if you try to read it and become more confused than ever. There's nothing to get excited about, however. The only parts of the car warranty law that concerns you are the ones pertaining to your state and the fundamentals that are observed in every state in the U.S.
If your car is older and doesn't pass the emissions test when you go to renew your registration, be prepared to pay to have the emission controls replaced. It isn't cheap, and you can't do it yourself because in some states you have to prove that you had it fixed by a professional. Since emission controls are the parts of your car that limit how much carbon your car puts out into the universe every time you take a spin, consider your repair bill as your contribution to saving the ozone layer. Or if you live in California the smog index may just drop a degree or two.
If you have a brand new car and the emissions controls fail, you can take it back to the dealer and use the federally imposed car warranty law to have the parts fixed or replaced for free. Because the emissions controls aren't something that people think about, it is a good idea to find out how long you can take advantage of this offer or get an emissions test performed at a local garage.
Under the new car warranty law, car manufacturers have to give the new owner a certification that the most important parts that keep the car running are not defective. The manufacturer knows his parts aren't defective because the factory puts each car through some elusive quality control tests before it ever leaves the factory. This law helps manufacturers shirk their responsibilities for defective cars and still hide lets them hide behind limited warranties that only cover certain parts or that become null and void after the car is driven a certain number of miles.
What's really interesting about the quality control test, which is needed to certify a car, is that the manufacturer performs it on his own cars in order to give himself his own certification. However, is not clearly defined whether or not this certification gives the buyers some recourse of action if they experience problems with the car. This part of the new car warranty law doesn't name any specific parts, how rigorously they should be tested, or exactly what the manufacturer is looking for when he tests important components. But, as long as the paper is issued, the car is certified.
Under the car warranty law if you purchase an auto As Is, the manufacturer and the dealership has no responsibility for the repairs on the car. Essentially, the owner of the car is responsible for all maintenance and all repairs that will need to be performed on the auto. This applies to used cars.
Most car buyer's don't go to used car lots and believe the sales person when they say, "That's just the battery. I'll have it fixed as soon as you get back with that cashier's check!" They may not be familiar with the car warranty law that protects used car dealers from having to make repairs to the buyer's car unless they are written in the car warranty area of the purchase contract. If the buyer wants to purchase a car that seems okay except for the muffler, they will want the muffler replaced under the warranty. The sales person might write "replace muffler" in the right place on the contract but if the muffler isn't working three months later and you take the car back to the dealer, he may just look at you and say, "I did what you asked, but all I had was an old rebuilt muffler. There's nothing I can do now." Unfortunately, he's right because he fulfilled his written contract. What the buyer should have done differently at the signing of the contract was be more specific. Here's something more like what should have been written on the contract under warranty. "Replace muffler with brand new name-brand muffler within 24 hours of contract signing." You can't be protected the car warranty law unless you understand it.
Different states call it the "lemon law" but it is really the same in all fifty states as described by the car warrant law. Basically, the law protects the buyer when a dealership or an individual knowingly sells a car that is about to fall apart and tells the buyer that it just needs a tune up and then lies about the fact that the car has a warranty that will cover a tune up, which is the farthest thing from the truth. For more essential information on all aspects of car warranties visit http://www.carwarrantypolicies.com
Many cars that are declared salvage vehicles are in fact still drivable. The term salvage vehicle mainly comes from the insurance companies because it is cheaper for them to write off the blue book value than make repairs that would cost more than the car is worth. Let's say a buyer wants to buy a Porsche, but they don't even have enough money to buy a used one. They can go to an auction where the insurance companies drop off their cars "As Is." Here's where the car warranty law comes into play. Because according to the laws concerning salvage cars, even if the buyer finds a salvage Porsche they could afford, they still can't go anywhere to get the car fixed, including the Porsche dealership, because most places offer warranties on labor and parts and by law salvage cars can't have any warranties placed on them.
Car rental companies may sell their autos that are no longer being used for clients. In addition, they may by the car warranty law sell a limited car rental warranty to the buyer. It is important to note that these warranties are extremely limited because car rentals typically have excessive number of miles for the age of the car.
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