Are you one of the many who believe that Lemon Law protections only apply to new cars? If you are, then this is for you. There are times where a used car isn’t covered, but plenty of times where they are eligible for a lemon claim.
Of course, we know that buying a used vehicle can be a gamble, but persistent breakdowns shouldn’t be part of the deal. If you’ve purchased a used car with persistent problems, the Lemon Law may apply, and you may be eligible for compensation.
This guide will help clarify whether California used car laws can help you get out of your lemon and into a reliable ride.
What is the Lemon Law for Used Cars in California?
The California Lemon Law for used cars protects buyers and lessees with vehicles that don’t meet expected standards. Under this law, the goal is simple: if the manufacturer can’t fix substantial defects after several tries, you deserve compensation. This compensation could include a buyback, a cash settlement, or replacement.
Specific Situations When the Law Applies to Used Vehicles
Used cars can qualify under the California Lemon Law, but the circumstances are more specific than for new ones. For the law to apply, one or more of the following must be true:
The Manufacturer’s Warranty Still Covers the Car
You’re in luck if you purchased a used vehicle that’s still under its original manufacturer’s warranty. This is because the CA Lemon Law used cars are covered by has a provision that allows cars still under warranty to file a claim. The warranty ensures that the automaker is responsible for addressing any notable defects. If they fail to fix the flaw after a reasonable number of attempts, you can pursue a Lemon Law claim.
The Dealer Provided a Warranty
Many used car dealers offer their own warranties as part of the sale or as an added option. If your vehicle has such a warranty and doesn’t perform as promised, the Lemon Law may apply.
The Vehicle is Certified Pre-Owned (CPO)
Certified pre-owned vehicles often come with extended warranties from the manufacturer. These warranties can allow the car owner to file for Lemon Law protections if defects arise.
The Role of “As-Is” Sales in California Used Car Warranty Law
You’ve probably seen “as-is” on used car listings. This term means the buyer accepts the vehicle in its current condition with no warranty from the dealer. In other words, if you purchase or lease such a car, you forfeit your right to pursue a Lemon Law claim even if it breaks down as soon as you drive off the lot.
However, there may be some exceptions to this, including:
- Fraudulent Practices: In some cases, dealers may knowingly sell you a defective vehicle without revealing the known issues. If so, you may still have legal recourse since they sold you the car under false pretense.
- Remaining Manufacturer Warranty: If the original manufacturer’s warranty is still valid, the Lemon Law will protect you, even if the dealer sold the car “as-is.”
Defects Covered by the Lemon Law for Used Cars in California
To qualify under the Lemon Law, the defect must:
- Substantially affect the vehicle’s use, safety, or value. Issues like engine trouble, faulty brakes, or electrical problems generally qualify. Minor problems like squeaky windows or malfunctioning radios may not be eligible unless they affect the vehicle’s normal performance.
- Occur within the warranty period. Any defect affecting a used vehicle must arise while the car is still under a valid warranty.
Used Vehicles Require Extra Work Under the Lemon Law: Why?
Most people with used vehicles shy away from a claim because it can get complicated. Used cars usually come with limited or shorter warranty coverage, meaning the law may not apply in certain cases. Also, you’ll need solid evidence that the defects occurred during the warranty period and you must be able to prove that the problems substantially impair the vehicle’s use, safety, or value.
As if all this wasn’t difficult enough, the dealer won’t make things any easier for you. Some might argue that the defect resulted from your negligence, while others may claim it was a result of normal wear and tear. Dealerships and manufacturers have a relationship, which is why you want to get copies of your repair orders and such before letting on that you’re thinking about filing a lemon claim.
What to Do if Your Used Car Is a Lemon
If you suspect that your used vehicle might be a lemon, these are the steps to take to protect your rights:
Keep All Documentation
Don’t be that person who throws away every receipt or invoice they get after a repair, because you’re going to need them. Save everything related to your car purchase and repairs, including sales agreements, warranty paperwork, repair orders, etc. These documents make it easier to prove your claim that the vehicle is defective.
Give the Dealer a Chance to Repair the Flaw
While the law is meant to tamper the frustrations of a lemon car owner, it still gives provision for repairs by the automaker. It allows the manufacturer to attempt to fix the problem a “reasonable number of times.” While the exact number isn’t well-defined, the standard is usually 2 to 4 attempts.
Contact a Lemon Law Attorney
Lemon Law cases are known to get complicated, especially when dealing with uncooperative automakers or dealerships. An experienced attorney will keep them in check, ensuring you don’t have to endure the manufacturer’s antics. They will evaluate your case and decide the best course of action to maximize your claim.
File a Claim and Get Started with Negotiations ASAP
After contacting a lawyer, you can file your claim and begin negotiations. Your attorney will take the lead in the back-and-forth negotiations. They will advocate for your rights and make sure you emerge victorious with a favorable settlement.
If negotiations don’t work, your lawyer will opt for litigation and take your case to court. This way, you can rest assured that they will do everything in their power to resolve your claim successfully.
What Does a Successful Lemon Law Resolution Look Like?
Below are the possible outcomes that result from a successful claim:
- Full Buyback: If you’re no longer interested in owning the car, you can always return it. In doing so, the automaker refunds everything you’ve spent on it, including the purchase price, taxes, and registration fees. The manufacturer may deduct a small amount for the mileage you put on the vehicle before reporting the defect.
- Replacement Car: You could also receive a replacement vehicle. Your “new car” would have a similar market value, specifications, mileage, make, and model to the one you have, but without the defects (hopefully).
- Cash Compensation: If you can live with the vehicle’s flaws, you can choose to keep it. This option allows you to negotiate a cash settlement for the diminished value and repair expenses.
California Lemon Law Used Car Provisions: The Best Kept Secret of Used Vehicle Owners
Buying a used car doesn’t mean you have to give up your rights as a consumer. The California Lemon Law offers robust protections for used car buyers, provided you meet the requirements. If you’re feeling stuck with a lemon, brush up on your consumer rights, determine if you qualify, and file that claim!
Remember that knowing when to contact a Lemon Law attorney is key to a successful claim. Quill & Arrow is here to help by advocating and securing the compensation our clients deserve. With our support, you’ll be out of your lemon and back in the fast lane in no time!
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions