Saving up to buy a brand-new vehicle can take longer than people expect. There’s always a surprise expense around the corner, and it’s almost worse if it happens after you have a high car payment. This is why buying a used car can be a great idea, since it gives you more freedom to budget other things. However, when that used car ends up at the repair shop over and over, it can quickly turn into a serious headache.
In California, Lemon Laws protect not only new car buyers, but also those purchasing used vehicles in certain cases. If you’re worried about being stuck with a used lemon, here’s what you need to know to protect your investment.
Let’s Talk About the California Lemon Law for Used Cars in California
You must have heard of the California Lemon Law for new vehicles, but what of the one covering used cars? If you don’t know about it, don’t worry, we’ll break it down for you.
The CA Lemon Law used cars are protected by is a consumer protection law that helps people who bought or leased defective used vehicles. It is officially known as the Song-Beverly Consumer Warranty Act, which requires manufacturers to provide settlements for affected owners. In essence, owners of vehicles with persistent defects that impair their use, value, or safety may be able to get a replacement car or a full refund.
When Does the Lemon Law on Used Cars in California Apply?
Unlike new vehicles, the California used car laws are not as straightforward. This doesn’t mean the law doesn’t provide protections, it just means that the law only applies under specific circumstances, including:
- Existing Manufacturer Warranty: If you bought a used car that is still covered by its original warranty, you’re in luck. Any remaining coverage from that warranty can protect you under the Lemon Law if the car has persistent issues.
- Certified Pre-Owned (CPO) Vehicles: Many dealerships offer “certified pre-owned” (CPO) vehicles. These types of cars often come with a limited warranty from the manufacturer or dealership. If you purchased a CPO vehicle with a warranty, the law may apply to your case.
- Implied Warranty: Under California Law, buying a used car from a dealership automatically grants the owner an “implied warranty of merchantability.” This means that the car should be able to provide safe, reliable transportation. If the vehicle has major issues that make it undrivable or unsafe, an experienced lemon attorney could help you seek relief.
It’s worth noting that private sales (from one individual to another) typically don’t come with the same Lemon Law protections. As such, you must be extra cautious when buying a used car from a private seller.
Qualifying a Used Car for a Lemon Law Claim
To successfully file a Lemon Law claim on a used car, it must meet specific criteria:
- The defect must be notable and affect the vehicle’s use, safety, or value.
- The dealer or manufacturer must have tried several times to repair the fault(s) without success. The exact number of attempts required may vary depending on the circumstance, but the common standard is three to four failed attempts.
- The car may have spent a significant amount of time out of service due to repairs—usually 30 days or more within a certain timeframe.
How to Start a California Used Car Warranty Law Claim
If you think your used car might qualify as a lemon, follow these steps to get started with your Lemon Law claim:
Document Everything
Track every visit to the repair shop, every invoice, and every conversation with the dealership or manufacturer. Your case will be much stronger if you provide a clear history of the vehicle’s issues and all repair attempts.
Notify the Dealer or Manufacturer
Contact the dealer or manufacturer to inform them of the issue and your intention to pursue a claim if the problem isn’t resolved. Sometimes, dealers or manufacturers may be willing to negotiate to avoid a formal legal dispute.
Consult a Lemon Law Attorney
Should you negotiate or file a claim? You can ask a lawyer to explain before you reach a decision. They will take charge during the negotiations to get the best deal possible for your case. The best part? Most Lemon Law attorneys work on a contingency agreement, so you won’t have to pay unless they win your case. They also offer free consultations, meaning you’ll understand the strength of your case without any upfront costs.
File Your Claim
If the dealer or manufacturer doesn’t resolve the issue voluntarily, your attorney can help you file a formal Lemon Law claim. They’ll handle the legal process and negotiate on your behalf, working to secure the compensation you deserve.
What Compensation Can You Expect?
Once you’re certain that you own a California Lemon Law used car, it’s time to think about your compensation options, which generally include:
- Repurchase Offer: Many owners prefer this option, which allows you to recover your purchase price. This may include fees like taxes, registration, and even finance charges, if any. If you also had to pay any other fees, such as Uber or rental fees, the manufacturer may reimburse you.
- Trade-in Vehicle: Alternatively, the automaker might offer to replace your defective car with one of a similar make and model. This is often an ideal option if you still want a vehicle and are willing to receive a different one with similar use and mileage.
- Cash Compensation: You may ask for a cash settlement that compensates you for the defect. It allows you to keep the car if the defect is minor and doesn’t prevent you from safely using the vehicle.
Tips to Ensure a Fool-Proof Claim
The California Lemon Law used vehicles abide by is there to protect you if things go wrong. Here’s how to stay safe and help your case to ensure you stand the best chance of obtaining compensation:
- If safety is concerned, stop driving immediately!
- Report problems as soon as they occur
- Get everything in writing
- Be patient but persistent
- Don’t take “no” for an answer
- Always have a Lemon Lawyer by your side when communicating with the automaker.
Know Your Rights and Stand Up for Them
Navigating the world of used vehicles can feel like a game of chance, but with the California Lemon Law for used vehicles, you don’t have to settle. Even if engine troubles or electrical faults are plaguing your car, the law offers a way to achieve justice. It’s up to you to grab this opportunity by the horns and take what’s yours.
Reach out to the experienced attorneys at Quill & Arrow Lemon law firm so we can help you resolve your case. We’ll take full charge of the legal process at no cost to you, so you can focus on living your life without worrying about your lemon issues. By the time we’re done, you’ll be heading home satisfied that you’ve gotten the best compensation offer available. What are you waiting for? Give us a call today!
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions