California Lemon Law protects consumers from getting stuck with a defective vehicle and it typically covers newer vehicles. Yet, there are some stipulations covering used cars as well. Knowing these guidelines can help you get the compensation you deserve if you are stuck with a defective motor vehicle.
Contact a California Lemon law Attorney today to learn more about your rights. As the premier legal team in California has been helping thousands of clients just like you, we know how to get you maximum compensation for your vehicle. We offer a free Lemon law consultation, so you don’t need to pay us anything upfront.
Without understanding the ins and outs of California Lemon laws, it would be easy to miss out on valuable compensation. Considering that cars are only covered for a specified time and for qualifying defects, it would be easy to miss the opportunity to file a claim if you weren’t knowledgeable about the regulations.
To guide you in the right direction, we will explain the Lemon law from the aspect of used cars. We will also describe the purpose of a manufacturer’s warranty and outline how to file a lemon car claim.also describe the purpose of a manufacturer’s warranty and outline how to file a lemon car claim.
Lemon Law, otherwise referred to as the Song-Beverly Consumer Warranty Act, protects people who buy or lease a vehicle that turns out to be unrepairable or defective. This regulation provides a resolution to consumers for vehicles that fail to meet certain safety or quality standards, but the process for each claim is different.
Once the California Lemon law claim is started, the average timeline varies by how complicated the case is, but it could take anywhere from a few weeks to a few months. Most of the time, a demand letter must be sent to the manufacturer before any claim can proceed. However, once the resolution occurs, many consumers find that the average Lemon law settlement in California is between $5,000 and $100,000. With this much money at stake, you could be missing out on valuable compensation if you don’t have a qualified Lemon law attorney on your side.
With this much money at stake, you could be missing out on valuable compensation if you don’t have a qualified Lemon law attorney on your side. That's why it's important to find out - does Lemon Law apply to used cars?
While Lemon law protection is generally meant for new cars, some used vehicles also qualify. Under the Lemon law rules in California, both pre-owned and used vehicles qualify as long as there’s an active warranty from the dealer or manufacturer.
The good news is that since 2013, all “Buy Here, Pay Here” dealerships must provide a minimum 30-day/1,000-mile warranty on all used vehicles sold. Dealers that don’t offer in-house financing may provide consumers with a better warranty, especially if the car has been labeled “Certified Pre-Owned,” meaning it’s been reconditioned and carefully inspected.
Sadly, some of the specific new car Lemon law guidelines are vague when applied to used cars. For this reason, navigating a used car lemon claim can be much more complicated. To illustrate this point, when receiving a refund or replacement vehicle of equal value with a new car Lemon law claim, the purchase price provides the base compensation, minus a deduction for the amount of time that the consumer used it. However, with a used vehicle, there’s no formula provided, leaving the contending parties to settle on an appropriate number.
When considering how easy it could be to lose out on valuable compensation, the only logical solution would be to hire a qualified Lemon law attorney for representation. Yet, some people choose to remain unrepresented because they are concerned about the expense of doing so. But, how much do Lemon law attorneys cost? While every lawyer sets their own fees, our prestigious firm doesn’t charge for the initial consultation and we only get paid when you do. Therefore, you don’t have to pay out of pocket to get started.
State lemon laws and the federal guidelines (Magnuson-Moss Warranty Act) do allow for provisions for used cars. However, this isn’t the case in all states, with Alabama, Alaska, Arkansas, Colorado, Delaware, Hawaii, Kansas, Maryland, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, Vermont and Wyoming providing no protection to consumers.
The Certified Pre-Owned Vehicle receives coverage because it is purchased from a dealership and has a warranty. However, other dealership-bought cars may also be included if they have implied warranties and the vehicle is unsafe. Any car sold as-is or through a private seller is ineligible for lemon law protection.
To have California Lemon law apply to used cars, the following conditions must be met:
To get compensation for a used car Lemon Law in California, you must consider what the "reasonable amount of time" means. California Lemon Law requires a minimum of two repair attempts before the vehicle qualifies. Appellate courts determined that this is the absolute minimum amount of attempts that must be made before proceeding with the claim. (Silvio vs. Ford Motor Company, 109 Cal.App.4th 1205).
What is the 30-day Lemon law for used cars? Additionally, dealerships have thirty days to resolve the defects before the car is covered under Lemon laws. These thirty days don’t run consecutively, so it can be counted as the total number of visits for one problem, no matter how significant the problem is.
The guidelines for determining how significant a problem is aren’t as clear-cut as some of the other rules. This begs the question of what types of problems are covered by Lemon law. California Lemon law covers safety issues, mechanical failures, and defects impairing the use or value of the vehicle. Structural defects, unresolved manufacturer recalls and ongoing performance problems are also covered.
But, not all defects need to be severe. While it makes sense to file a claim for a vehicle with unexpected acceleration that cannot be repaired, there’s just as much of a case for the used car with an electrical issue causing the battery to drain overnight.
With that in mind, let’s look at three examples where a used vehicle would qualify for compensation through the state’s Lemon law. Consider these possible used car scenarios worthy of Lemon law disputes.
While all three of these cases exhibit a different severity level, one thing remains true: the defect can’t be repaired with a reasonable number of attempts and the vehicles could be considered lemons. California Lemon law applies and could provide compensation for all three situations.
The warranty plays a huge role in claims for a used car Lemon Law in California. Auto manufacturers supply warranty coverage for mechanical defects and failures on a new car for a specified period of time or until the vehicle hits a particular mileage. These factory warranties may also cover used cars if the mileage or time limit hasn’t been reached, such as when it’s a Certified Used Car.
An extended warranty or service contract is purchased or provided after the factory warranty term ends. While there are extended warranty plans through the manufacturer, third-party companies also offer coverage options.
It’s important to note that only certain components are covered with both plans (manufacturer and extended warranty). Neither will cover the expenses of routine maintenance or consumable parts, while the extended warranty may only cover a handful of parts, depending on the plan chosen. For example, a powertrain warranty may be limited to the engine and transmission.
To seek compensation through the consumer protection law, you want to follow these important steps. Gather your documentation and verify eligibility. Next, you must formally notify the manufacturer and dealership, contact a lemon law lawyer and prepare for the settlement.
Most importantly, you want to have all the paperwork related to the vehicle and its defects. This paperwork would include the purchasing agreement, warranty terms, repair orders, and communications you’ve had with the dealership. With communications, make sure you have the date, name of the person you spoke with, and the outcome recorded.
California laws are different from other states, so you don't want to research the Texas Lemon Law or the Michigan Lemon Law when trying to determine eligibility. Instead, you need to understand what qualifications are needed for used vehicles to be covered under state guidelines. For example, in California, the car must still be covered under a warranty period, either the manufacturer's express warranty or an extended warranty period. Additionally, there needed to have been a reasonable period and number of attempts to repair the problem before moving forward with a claim. If you are unsure if your vehicle qualifies, it's best to seek legal advice from a professional.
The next step is to contact the manufacturer or dealership so your claim can be documented according to Lemon law guidelines. Notarize this demand letter and send it by certified mail. Keep a copy of this letter for your records. The manufacturer may offer arbitration, but you may want to refuse this course if it’s optional. While it will provide an efficient and speedy resolution, the manufacturer tends to come out on top in the end.
By now, you are wondering when you should get a lawyer involved. Ideally, you would have a highly experienced lawyer on your side from the beginning. Even when it comes to writing the demand letter, there are a lot of mistakes that can be made, especially if you aren’t experienced in these legal battles. Every word written can have a consequence. A Lemon lawyer can also help navigate arbitration or resolve a court case to ensure the best outcome.
Your lawyer will help you understand what you are eligible for according to state laws. In some cases, the vehicle's manufacturer may need to buy back the car, or you may be able to return it to the dealership. With legal protection, it's also possible to get cash compensation or a replacement vehicle.
Even though most Lemon law cases involve new cars, an experienced lawyer can help you get compensation for a qualified pre-owned car. The claim’s success depends heavily on whether the vehicle is qualified and how much documentation is provided.
That brings us to the most common challenge of getting compensation for a used car case. Not having documentation of the warranty repairs or communication with the dealership can prevent you from receiving reimbursement. Clients also fail to negotiate properly, leaving them with minimal compensation in the end.
The other downfall can be waiting too long to get legal representation, which is why we recommend getting your free consultation with us sooner rather than later. Even the smallest error can lead to getting no compensation from the car dealer or manufacturer.
In most cases, the service department and sales force at your local dealership aren’t going to give you the time of day when it comes to fighting for compensation. To get anywhere with the dealership or manufacturer, you need to communicate with someone higher up in the company, but that can be difficult to do if you aren’t a lawyer.
Here’s where a Lemon law attorney helps. Most dealerships know that they are going to spend more money fighting Lemon law claims than simply paying out what’s owed on a used car. Once they receive a letter from us, they are very likely to back down and give in, especially if the amount is minimal. In this case, there would be no reason to take further action and court could be avoided.
If your car breaks and cannot be repaired, expect to earn compensation for the trouble and possibly a buyback on the vehicle. A lawyer helps you determine the reasonable allowance for the car, including registration fees, your down payment, sales tax and other expenses.
Additional costs may also be covered, such as towing or a rental car that was needed while the vehicle was in the shop. If the car was under warranty, you won’t need to recoup compensation for the repairs because you shouldn’t have paid out of pocket in most cases. Most people find themselves confused when presented with this information and end up wondering whether dealerships even get paid for warranty work? The answer is yes. The manufacturer or third-party provider pays for qualified repairs, but often at a lower rate than standard jobs, leaving you with one less expense to worry about.
As you search for a used car to use for personal or family purposes, it’s important that you avoid buying a lemon. While it helps to shop around for the best price and the highest trade-in vehicle value, these shouldn’t be your only considerations. Yes, you want to pay fair market value for a car, but avoiding hassles can be priceless and worth a little extra money.
Here are some tips to consider.
Research reliable vehicles: If you don't want to be filing a California used car Lemon law claim in the future, it's best to choose a reliable car from a reputable dealership.
Check the warranty coverage: If you can get a warranty with the purchase, you have more protection if something goes wrong.
Take a test drive: A lot of issues can be brought into the light during a test drive.
Get an inspection report: It may cost a small amount of money to have an independent mechanic look over the vehicle before the sale, but the peace of mind is priceless.
Finally, if something doesn’t feel right about the deal, don’t be afraid to walk away. Your gut feeling can protect you from having a broken car in a few hundred miles.
Just because Lemon laws tend to be more centered around new cars doesn’t mean you have to give up compensation on a defective used vehicle. With a qualifying vehicle, an experienced Lemon lawyer can win you the replacement vehicle or cash settlement you deserve.
Our experienced lemon car lawyers in California have helped more than 5,000 drivers receive compensation for their lemon vehicles. With our expertise behind us, we will help you understand the options, handle all of the paperwork, and communicate with the car manufacturer to get a quick resolution. Book a free Lemon law consultation to get a review of your case and let us work towards receiving a favorable outcome for you.
When you want the most professional team in the area, it’s time to work with our prestigious Lemon law attorney practice in Beverly Hills.
When you purchase a used car, you generally expect that the vehicle is going to function normally. This assurance comes from the implied warranty of merchantability, a concept that means a lot during a lemon law claim. While a used car doesn't usually come with the manufacturer's original warranty, the implied car warranty may be enough to get compensation.
While car buyers may be able to physically file a claim without a California lemon law attorney, it's never recommended. The manufacturer and dealership aren't going to take your case seriously and you'll have a hard time getting the compensation you deserve.
Sadly, there's no 30-day law in California for car owners. However, compensation can still be possible on a new or used car, especially if there's a dealer warranty included. You need to purchase the car from a reputable dealership, not a private individual and you want to check the terms of the active vehicle's warranty.
Very similar to new vehicles, a used car purchase can be covered under California lemon law if there's a warranty and the car faces substantial defects affecting the use, safety or value. Under the car buyer's bill of rights, you are entitled to compensation if you can prove the car qualifies under the state's laws.
The amount of compensation for used car buyers depends on the type of vehicle driven and the level of defects. California courts are going to look at the requirements and use a formula to determine use. Your payout could be much higher if you use a qualified lemon law attorney for the case.
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