Even if you didn’t purchase a new car, you have the right to expect a dealership to sell you a reliable used car. Yet, the laws in California aren’t as favorable for used car buyers as they are when purchasing new. Still, if you have a used lemon car, you may be due compensation.
Once you bought a used car from a dealer with problems in California, you need to take legal action. A Lemon law claim may be filed in some circumstances, and you can get out of the situation with the defective vehicle.
The Lemon Pros has the experience to negotiate with the used car dealer with your interests in mind. With their practice area focused on the California Lemon law, you can expect the maximum amount of compensation. Call today for a free initial consultation.
In this post, we cover the basics of the used car Lemon law and discuss the rights of car buyers. We also look at how to start a Lemon law claim.
Does Lemon law apply to used cars? The Song-Beverly Consumer Warranty Act serves as a car buyer’s bill of rights, protecting consumers from defective vehicles, new and used. It covers the majority of cars, trucks, and SUVs, but does have exclusions for some commercial and off-highway motor vehicles.
How does Lemon law apply to new cars and what is the difference when the car is used? With the new car, the defect must occur within the first 18,000 miles or 18 months of ownership. The regulations on used cars are variable, depending on the warranty coverage. Most used cars don’t have the manufacturer’s warranty in place unless they are Certified Pre-Owned vehicles (CPO). However, there must be some sort of warranty coverage implied.
The used car dealership can’t knowingly sell you a defective vehicle. Any issues must be disclosed, especially if the vehicle is a known lemon car.
In most cases, the used car won’t come with a dealer warranty. If the car is a CPO model, it may still have a factory or an extended warranty. For a California used car to qualify for protection, it must have some sort of warranty coverage.
When you purchase from a private seller, it is going to be considered as-is, meaning there are no guarantees of mechanical integrity. The same can be said with some dealership purchases, so it’s crucial that you get the details upfront.
If a defect shows up right after the purchase, you want this warranty protection. Not only does it allow you the chance to have the defect fixed, but it also entitles you to file a claim with a used car Lemon law attorney if the problems cannot be repaired.
Used car buyers can face any number of problems, all of which could start a Lemon law claim if the issue can’t be fixed. A new or used car qualifies if the defect affects the use, value, or safety of the vehicle. Additionally, there must be a reasonable number of repair attempts before a claim can be started. For safety issues, there need only be two attempts, while others require a minimum of four.
Here are some of the most common problems we see complaints for.
Mechanical issues: Engine failure, transmission malfunctions, bad brakes, etc.
Electrical failures: AC troubles, lighting failures, glitchy electrical systems
Safety issues: Malfunctioning airbags, brakes, or advanced safety systems
Cosmetic concerns: Rust, scratches, and other appearance-related complaints
Lemon law attorneys can help you decide if the defect you’re experiencing qualifies for compensation under California lemon law.
Is your used car a lemon? If your vehicle meets the following criteria, you may be able to file a claim.
Used cars must come with car warranties, either the factory coverage, an implied warranty, or extended protection.
The defect must significantly impair the use, value, or safety of the vehicle. It needs to be a component that’s covered by the warranty.
The consumer must attempt to have the repair fixed through an authorized service center. For serious safety issues, there must be a minimum of two repair attempts. All others require a minimum of four. However, the dealership doesn’t have the right to keep your vehicle for more than thirty days per defect.
If you believe that your used car qualifies, it’s important to start documenting everything. Keep the sales contract and purchase agreement with warranty paperwork. Add to this all repair attempts and communication with the dealership to make your case stronger.
After agreeing on a purchase price and picking out the car of your dreams, it can be disheartening to find out that there’s a serious defect with the vehicle. If you want to get a resolution about the vehicle as quickly as possible, it’s best to follow our recommendations.
The most important aspect before filing a Lemon law claim is to verify your warranty terms. Check the coverage details and length to ensure your car is still covered. If there are any as-is clauses in the agreement or disclosures made about the problems, you may not be able to file a suit.
Aside from the written guarantees, there may also be implied or verbal assurances made that could be used for your case. An experienced lemon law attorney can help you navigate all of the paperwork and determine eligibility.
Once you know that your car is eligible for reimbursement, it’s time to notify the dealership and potentially the manufacturer. As soon as you verify the defect, reach out to the dealership to see if a resolution can be agreed upon. Be clear and straightforward about the problems you’re experiencing. Outline the impact the defect has on the functionality or safety of the vehicle.
You want to request a resolution, whether it is through more repair attempts, a refund or a replacement vehicle. In some Lemon law cases, you can also receive compensation for the additional damages you faced, such as rental car expenses or towing bills.
With all of this communication, be careful to document it in detail. Keep all your emails and write down the details of all phone calls. This documentation is needed to prove your case in court.
With your other documentation, you want to keep a record of all the repairs. Write down the issues you’ve experienced, the date, and what the dealership did to help. If you have a service contract or warranty, you want to clearly outline that the repair attempts were performed as per the agreement.
If you received any receipts for repairs of the used vehicle, keep these for your records as well. Additionally, you want a copy of any expense that you paid out of pocket.
To further document your case, take videos and photos of the defects. You can also ask for the written assessments of the mechanic, or get an independent evaluation from another technician if your dealership won’t give you one.
All of these records are going to help prove your case and make it easier to get the maximum settlement amount.
You can’t be expected to know all of the relevant laws through the California Department of Transportation and other governing agencies, but a lawyer does. An experienced attorney knows what to expect during used car sales and can help get reimbursement for your troubles.
If you have unrepairable defects with a used vehicle, it’s time to consult a professional. You can reach out at the beginning of the claim to ensure your car qualifies and for help with walking through the steps. Having a professional on your team ensures you don’t lose out on valuable compensation. Even the smallest mistake can make a difference between driving a lemon and having a new car.
Don’t waste any more time. Get a free consultation with The Lemon Pros today to see what you might be owed. Because we don’t get paid until the case is won, you don’t even need to pay any attorney fees upfront.
After your attorney looks over the vehicle history report and your evidence, it may be time to file a lawsuit or complaint. Your lawyer will help you file with the California Department of Consumer Affairs, when necessary. An attorney can also outline the steps, showing how to file a Lemon law claim in California.
With vehicles sold every day under shady pretenses, it’s critical to have a professional on your team. If the dealer sold you a lemon vehicle and you can’t get a resolution, you may need to file a lawsuit.
The right attorney can help escalate the matter and get a quick resolution. Once the dealership sees that a law firm, not a private individual, is filing the claim, they are more apt to settle.
To get dealer compensation, you have several options. You can request a replacement vehicle, a buyback or a cash and keep settlement. The replacement vehicle option exchanges the car purchase with one of equal or greater value.
A Lemon law buyback means that you give the dealership back the car in exchange for a cash payout. The amount will depend on how much you drove before the issue occurred, so you may not receive the full amount back. However, you can take this money and choose another vehicle of your choice, whether as a vehicle credit applicant for financing or through a lease, depending on your possible credit scores.
There’s also the option for the cash and keep settlement. In this case, the dealership will pay you an agreed-upon sum and you will keep the vehicle. This option isn’t always wise if you are dealing with a serious safety defect. Also, with all future private sales, you will be responsible for disclosing that the car is a lemon, thereby reducing the value. Before choosing this option, make sure you discuss the ramifications with a qualified attorney.
In some cases, dealers offer extended warranties and agree to keep attempting repairs until the problem is corrected. This may be a good option for you if you like the vehicle.
Can you return a car to the dealership if there’s a defect? If there are warranties that cover the vehicles purchased and the defects are unrepairable, you may have the right to return the car. However, there’s a process that must occur before this return takes place, similar to that of new cars that are lemons. Talk to a qualified Lemon law attorney about your rights.
There are several reasons to sue a car dealer, one of which is valid if the dealership knowingly sold you a bad car. Get a complete inspection report from an independent mechanic and gather all of your evidence to show the attorney before filing a Lemon law claim. Even if the case doesn’t qualify for compensation through California state law, there is also a federal law that may be helpful, known as the Magnuson-Moss Warranty Act.
There are deadlines to follow with Lemon law if you expect compensation. How long is the Lemon law on used cars? It all depends on if there’s a manufacturer’s original warranty or other protection and what the term is. Before filing claims for defective cars, reach out to an attorney who understands the timelines for new and certified used cars.
Prompt action can lead to a quicker resolution, ensuring you get out of the vehicle before more problems arise. Once you’ve allowed for the reasonable number of attempts, whether two for serious bodily injury concerns or four for all others, you can file the claim. Get a free case evaluation to see what you are entitled to.
California Lemon law is meant to protect consumers from being stuck with a defective car, and there are some provisions for used vehicles. If you feel that the dealer purposely sold you a bad car, you have legal rights. Take action promptly to ensure you get a quick resolution and to protect yourself from an accident.
The Lemon Pros are ready to take your case. As the best Lemon law attorney in California, they don’t take any payment until you win, forcing them to work harder for you. Call today for your free case evaluation.
Phone: (855) 725-2446
Email: [email protected]
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