Are you dealing with issues regarding your certified pre-owned car in California? You're not alone.
Often times Certified pre-owned car issues can include defects, problems with warranty coverage, hidden damage and previous accidents. The whole reason why you've purchased your car with "Certified pre-owned" warranty coverage is because it should have been inspected and cleared for any issues by the dealer thoroughly prior to your purchase.
Unfortunately, that's not always the case and many California drivers are left with faulty Certified pre-owned vehicles.
The good news is that there is a law in California called the Lemon Law, which protects drivers of these Certified pre-owned vehicles. Whether you need to file a claim through the California Lemon Law or you have a warranty dispute, our California Lemon Law Attorneys have a strong reputation for getting full compensation for clients experiencing these issues. We’ve secured millions of dollars for our clients and are ready to help you. Contact us today for a free consultation.
In this guide, we cover the basics of certified pre-owned cars, discuss the common issues encountered and exactly what you are entitled to depending on the issues your facing. We also outline how to file a Lemon Law claim and show you how to defend your rights.
The CPO car isn’t a new or a typical used car. Instead, it’s a pre-owned car that’s sold by the dealership with special benefits because of its age and mileage. Each manufacturer and dealership has a different process by which they will allow the certification. For example, Ford only allows cars that are less than six years old and under 80,000 miles into the Gold Certified Program.
With most of these CPO vehicles, customers have peace of mind because they’ve been through a detailed inspection. There’s also an extended warranty offered and reconditioning of the vehicle if anything goes wrong.
Most CPO programs also include special benefits, such as roadside assistance, free maintenance or special financing rates for the vehicle credit applicant. For this reason, it’s important to evaluate everything you are getting in addition to the vehicle when you choose the brand to go with.
Before you purchase a Certified Pre-Owned (CPO) car, it’s best to check its history. In California, you can use state-provided tools, such as the California Department of Motor Vehicles (DMV) website, to look up title information and past ownership.
You should also get a vehicle history report through a reputable provider, such as CARFAX or AutoCheck. These reports reveal past accidents and service records and show you if the vehicle was deemed a lemon. Most CPO programs give you this information for free, so you can ask for it from the dealership.
You should also look over the dealership’s inspection to ensure all the major systems are covered. Ask for a copy of the complete inspection report used by the technician to verify that everything was looked over.
As with any used vehicle, there are some significant signs of car problems you can encounter with a certified used car. From mechanical failure to warranty denials, we cover them all.
Many Lemon Law buyback cases have to do with mechanical and electrical failures that cannot be repaired. In some cases, the engine fails to perform as it should or the transmission slips gears. There are also cases when electrical glitches make it unbearable to drive the certified vehicle. With newer electric and hybrid cars, the list of growing electrical problems gets larger by the day.
CPO cars may have been involved in an accident that was never reported. If so, this incident may not show up on the vehicle history report. However, there could be cosmetic problems that stem from unprofessional repair work or hidden frame damage.
The certified used vehicle comes with a warranty protection that applies to the majority of its parts, but it doesn’t include every component. Consumables, such as brake pads, fluids and windshield wipers aren't typically covered with an auto warranty. If you face an ongoing issue with one of these parts or something else not covered in the warranty, you may have trouble getting help from the manufacturer or dealership.
Another common issue is when the dealer fails to honor the terms of the warranty. Federal warranty laws, such as the Magnuson-Moss Warranty Act, protect consumers from these practices, but they still happen. Warranty disputes tend to happen less frequently when it’s factory coverage, but conflicts can occur with the manufacturer’s warranty and third-party protection.
In California, the DMV created a Car Buyer’s Bill of Rights that is important to review. Among the top points, consider these legal rights:
Right to full disclosure: The dealer must disclose any known defects, accident history and prior use (such as rental, lease or taxi). You are also entitled to a copy of the vehicle history report on any certified pre-owned car.
Right to legitimate inspection: California law requires a professional inspection for CPO vehicles, but the number of items looked at is variable depending on the manufacturer. The dealer must provide documentation that the vehicle has passed the inspection.
No frame or salvage damage permitted: CPO vehicles must not have any frame damage, flood damage or any form of branded title.
Implied warranty of merchantability: Even if there’s not a stated warranty, the car must be safe to drive and reasonably free of defects for a normal time. However, most CPO cars have limited warranties, giving you the right to repairs or replacements for defects during the covered timeframe. The majority of these are manufacturer warranties, but some may be provided directly by the dealer.
Right to return: In some cases, the dealership may allow you to voluntarily return or exchange the car. Before you return a car to the dealership, you should read the fine print of your agreement.
Right to legal recourse under the Song-Beverly Consumer Warranty Act (Lemon Law): If the CPO car comes with a manufacturer’s warranty and continues to face recurring, unfixable issues, you may be able to file a claim with a car warranty lawyer.
Right to file a complaint: If you are dealing with dealer misconduct or auto fraud, you can file a complaint with the California DMV or the Bureau of Automotive Repair. You should also consult with a lawyer for car problems to see if there’s any compensation you may be able to get.
Many people don’t realize there’s a Lemon Law for certified pre-owned cars. In California, CPO cars are treated very similarly to new vehicles. The Certified Pre-Owned CPO car usually has the factory warranty intact and the completed inspection report indicating that there are no pre-existing issues to worry about.
Therefore, if a defect occurs that becomes unrepairable, drivers have options through the Lemon Law. The car needs to meet the following eligibility criteria:
Because the Lemon Law rules in California can be confusing to understand, it’s best to consult with a qualified attorney. A free consultation with a Lemon Law attorney can help you determine whether a claim is warranted.
If you’ve been stuck with a lemon CPO car, your next steps are going to be critical. Here are some steps to follow that will ensure you get the compensation you deserve:
If your vehicle meets the guidelines outlined above, you may be able to file a Lemon Law claim.
A free consultation with a lawyer can help you determine if you have done everything necessary to start the process. There are special circumstances that an attorney will understand better, such as what to do if your vehicle has been in the shop for more than a month.
It’s your responsibility to prove your case. Therefore, you need evidence to show that the unrepairable defects caused problems. Keep records of the service contract and every repair order, with the date, mileage and names of the employees you’ve worked with. If you can document the issue with photos and videos, that’s going to help your case. It may also be worth getting a second opinion from an independent mechanic, but you want to follow the advice given by your lawyer.
By law, you must send a formal complaint letter (demand letter) to the manufacturer and dealer before filing a claim. The letter should outline the problems you’ve experienced and document all of the repair attempts. You should also give them a date to respond by and make it clear what you are asking for – either a Lemon Law buyback or a replacement vehicle. You may also request dealership compensation if you feel there was fraud or negligence.
If needed, you must allow more repair attempts to correct the issue. In the state of California, most lemon cars must have a minimum of two repair attempts for safety issues and four for all other complaints.
You should have already reached out to an attorney earlier in the process for a free consultation, but now is the time that you need a Lemon Law lawyer more than ever. Your lawyer can help file the claim and negotiate directly with the manufacturer. Most attorney fees are on a contingency basis, so you shouldn’t have to pay anything upfront.
The Lemon Pros won’t charge you anything unless we win your case. Contact us today for your free consultation.
If you can’t work out an agreement with the dealership or manufacturer, you need to know how to start a claim. You may be entitled to a Lemon Law buyback, a replacement vehicle or a cash-and-keep settlement. In some cases, the manufacturer is also responsible for paying your legal fees, registration fees and sales tax.
If you are like most car buyers, you believe you’ve made a good decision by choosing a CPO vehicle. In most cases, this is true, especially with the certified pre-owned warranties and the reports on the vehicle’s history and all of the components inspected. But, there’s still the chance that you are dealing with unrepairable defects despite your diligence in choosing a good vehicle. If so, it’s time to contact a lawyer.
The Lemon Pros are ready to fight for your rights. You can visit our homepage, find us on Google, or contact us today to start the process.
Based on state and federal law, unrepairable defects with a certified pre-owned vehicle are one of the top reasons to sue a car dealership. Vehicle owners may be entitled to a Lemon Law buyback, replacement vehicle or cash-and-keep settlement.
The auto dealer should provide a comprehensive inspection report on any CPO vehicle being sold. However, you can also ask to have an independent mechanic inspect the car further before you agree to purchase it.
A Certified Pre-Owned (CPO) car in California is a used vehicle that has passed a detailed inspection and meets specific age and mileage limits. It also comes with a manufacturer-backed warranty and must have a clean title. Actual mileage and terms vary depending on the manufacturer.
Yes, car owners have protection for their CPO vehicles through the California Lemon Law. Unlike typical used vehicle sales, the CPO car has a factory warranty and should be free of all defects.
Auto manufacturers usually sell CPO cars with a factory warranty. Sometimes, an extended warranty is added for further protection. Review all warranty terms before buying a car.
The terms depend on the manufacturer. Most have a specific rule for age and mileage. Plus, CPO cars undergo a complete inspection to ensure there are no defects.
Yes, you can buy extended warranty coverage on most vehicles you purchase. The dealership may offer some options or you can look at third-party providers to see what fits your needs and budget.
You want to know how to avoid buying a lemon car so you never end up in this situation again. First, buy your cars from a reliable dealership. Avoid private sales at all costs, as these vehicles are considered ‘as-is’. Second, look at the history report of all pre-owned vehicles. Evaluate the repair history and title status. You can also get an inspection through a trusted mechanic to verify there’s no prior accident damage or sustained frame damage.
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