3201. Failure Repurchase Or Replace New Motor Vehicle After Repair Opportunities

3201. Failure to Promptly Repurchase or Replace New Motor Vehicle After Reasonable Number of Repair Opportunities227Essential Factual Elements (Civ. Code, 247 1793.2(d)) Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court222s Motion Refused Withdrawn Judge Instruction No 1 [] claims that [] failed to promptly repurchase or replace a[n] [] after a reasonable number of repair opportunities. To establish this claim, [] must prove all of the following: 1. That [] [bought/leased] a[n] [] [from/distributed by/manufactured by] []; 2. That [] gave [] a written warranty that []; 3. That the vehicle had [a] defect[s] that [was/were] covered by the warranty and that substantially impaired its use, value, or safety to a reasonable person in []222s situation; 4. [That [] delivered the vehicle to [] or its authorized repair facility for repair of the defect[s];] [] [That [] notified [] in writing of the need for repair of the defect[s] because [he/she] reasonably could not deliver the vehicle to [] or its authorized repair facility because of the nature of the defect[s];] 5. That [] or its authorized repair facility failed to repair the vehicle to match the written warranty after a reasonable 3201. Failure to Promptly Repurchase or Replace New Motor Vehicle After Reasonable Number of Repair Opportunities227Essential Factual Elements (Civ. Code, 247 1793.2(d)) Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court222s Motion Refused Withdrawn Judge Instruction No 1 number of opportunities to do so; and 6. That [] did not promptly replace or buy back the vehicle. [It is not necessary for [] to prove the cause of a defect in the [].] [A written warranty need not include the words 223warranty224 or 223guarantee,224 but if those words are used, a warranty is created. It is also not necessary for [] to have specifically intended to create a warranty. A warranty is not created if [] simply stated the value of the vehicle or gave an opinion about the vehicle. General statements concerning customer satisfaction do not create a warranty.] New September 2003; Revised February 2005, December 2005, April 2007, December 2007, December 2011