Sep 11 2019

What is an Express Warranty?

Under the Magnuson-Moss Warranty Act, any company selling a product worth more than $15 must supply a written express warranty for their product. Automobiles are among the most expensive products available to consumers on the market today, which is why all new vehicles come with an express warranty from the manufacturer essentially guaranteeing that the vehicle meets all standards and will perform as advertised; otherwise, repair costs will be at the manufacturer’s expense.

There are many different types of warranties, including limited, bumper to bumper, and powertrain. The type of coverage you have will dictate whether or not you qualify for relief when your vehicle starts to exhibit defects, so it’s important to understand the particulars of your warranty and take action as soon as possible when things go south. As long as your vehicle is still covered by its express warranty, and you’ve made reasonable attempts to have the vehicle repaired at a certified dealership, a Texas Lemon Law attorney can assist you. 

The Seller’s Promise

The express warranty acts as a contract between the seller and the buyer of the product. This contract establishes the seller’s duty to provide repair or replacement of any components or products included in the warranty for a certain duration of time. In other words, the buyer doesn’t have to worry about their hard-earned money going to waste on a faulty product. Value is preserved for both buyer and seller, and sellers are incentivized to invest in the production of quality goods to avoid backend costs. With an express warranty, the principle of caveat emptor need not cloud the confidence of consumers. 

Advertising and Your Warranty

Although an express warranty detailing the specifics of coverage should be provided to the buyer after purchase, many aspects of an express warranty can be sussed from advertisements that make claims relating to the quality, functionality, lifespan, and efficacy of a particular vehicle. False advertising is illegal, so it stands to reason that these claims made to bolster the salability of a vehicle are inherently true under the Lanham Act. Therefore, even without fully understanding the scope of a warranty, consumers can draw conclusions about the quality and functionality of their vehicle from advertised claims.

How Express Warranties Relate to the Texas Lemon Law

As Texas Lemon Law attorney serving clients all over the Lone Star State, The Law Office of Darin Siefkes, PLLC, understands the importance of the express warranty and how it affects a consumer’s ability to get relief in the form of a repurchase, replacement, or restitution. The Texas Lemon Law covers any vehicle still under the manufacturer’s express warranty. 

If you aren’t sure if your vehicle is eligible for potential relief, fill out our free case evaluation form. Remember that your case will be contingent on your ability to pass one of the qualifying tests for reasonable repair attempts, such as the Four Times Test, Serious Safety Hazard Test, and 30 Day Test. A Texas Lemon Law attorney can not only help you determine whether or not you have a case, but also issue a demand letter to the manufacturer and engage in negotiations on your behalf. Arbitration and litigation may also be options depending on your case.

Is your new vehicle spending more and more time in the repair shop? If you would like to speak with our Texas Lemon Law attorney, please submit our free case evaluation form today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.