(310) 659-4900


What You Need To Know

Lemon Law pertains to car buyers rights. For a vehicle to be a lemon it must have a defect, under warranty and still has the defect after reasonable repairs. If the buyer purchases a car that soon breaks down or needs repairs or is even recalled, there are lemon laws to protect the consumer. If soon after driving off the lot, the car needs repairs and that was not disclosed, the car dealer must make repairs to the lemon or need to refund or replace the lemon if it meets the requirements under the Lemon Law. If a car is under warranty, it applies to the duration of that warranty.

Depending on the seriousness of the defective vehicle, if there has been a reasonable number of repair attempts, (depending on the situation, once can suffice), the buyer may be entitles to a replacement, a refund or repairs. Check the warranty as this can have the person to contact ie: manufacturer.

If a car keeps having problems after purchase and no amount of repairs seem to fix the problem, it’s a Lemon. It’s important to keep detailed records of mechanical repairs so the dealership will replace the lemon. Like a products liability lawyer Los Angeles, a lemon law lawyer Los Angeles can help with this.

Express and Implied Warranties

Express- Can be a verbal or written agreement. It is basically a guaranteed that the product is of good quality. If it is not, the manufacturer will replace it for free. Express warranties are either printed on the packaging or receipt of an item.

Implied- is the most common. It’s the merchants guarantee to work as claimed. Some key points of this type of warranty are:

  • comply to the standards of the trade
  • Be fit for the reasons a type of product would be used
  • Uniform in quality and quantity
  • Packaged and labeled correctly when for sale
  • Must meet the specs of what is on the labeling

Some states, including California allow some retailers to sell “as is.”

There are two types of implied warranty- merchantability and the fitness of a product. Merchantability refers to used products and centers around that an item will hold up and work as it’s expected.

Implied warranty of fitness refers to specifics and is usually aided by the seller or reseller. Say the product is a kayak. The buyer expresses his needs for the right kayak; he wants it to withstand extreme heat and cold. The implied warranty is that it will hold up in these conditions and the seller reassures him that it will. If the kayak does not hold up to the weather conditions, then there is a breach of warranty.

Usually accompanied by an express warranty, the implied warranty last as long as the express warranty comes into effect.

Express warranty- verbal or written guaranteeing that a product is of certain quality and will work in a certain way for a certain amount of time.

An express warranty can also pertain to the content of a product “100% real coconuts” or “will last for a year.”

It warrants against defective products or materials. Most come from the manufacturer directly and only apply to new items.  If parts break then the manufacturer will replace the parts in a certain amount of time. At certain times, an express warranty can be based on what the seller says about certain features of a product. McElfish Law Firm are experienced lawyer to help with your product liability.

Contact Us

Featured Success


Wrongful death recovery in building collapse.

how we help


At the McElfish Law Firm, we have the experience to help you or your business achieve the legal results you need. In the world of insurance, we have decades of experience in prosecuting and defending insurance claims and litigating policyholder rights actions in all types of circumstances and forums. On the employment side, we represent parties in all types of employment discrimination and wage and benefit claims, including sexual harassment, family leave violations, and overtime claims.
We also represent parties in workers’ compensation and employment contract claims. Finally, we represent businesses in their compliance and transactional needs to help them obtain their legal goals throughout all stages of their business formation and growth.


Call our offices at (310) 659-4900, our 24-hour hotline at (800) 750-8946, or email us to set up a free consultation.


Los Angeles

1112 N. Sherbourne Drive West Hollywood, CA 90069

Phone: (310) 659-4900

Fax: (310) 659-4926


fb-icon  twitter-icon  linked-icon  google-icon