Picaso v. Lithia of Lodi, Inc. – Unlawful Disclaimer of Implied Warranty
In the case of Picaso v. Lithia of Lodi, Inc., Mr. Picaso alleges Lodi Toyota sold him a service contract at the time he purchased the subject pre-owned 2020 Toyota Camry, which also came with the balance of the factory warranty as well as Lodi Toyota’s 60-day, 3,000-mile express warranty. Thus, an implied warranty that that the vehicle was merchantable (e.g., fit for its ordinary purpose) arose by operation of law. (Civ. Code § 1795.5.) He alleges, to avoid liability, Lodi Toyota attempted to disclaim that implied warranty through an “Acknowledgment of As-Is Sale” in violation of state and federal law. (Id. § 1793; 15 U.S.C. § 2308(a).)
If your vehicle came with an express warranty or if your dealer sold you a service contract and you believe your vehicle does not meet the standard for merchantability, contact Auto Fraud Legal Center’s Auto Fraud Legal Center TODAY for a COMPLIMENTARY evaluation of your rights.