How to Avoid Buying a Lemon Car?

Lemon cars in California can be new or used and are defined as having an unrepairable defect that is covered by the warranty. When buying a used car, it’s critical to take extra steps that enable you to avoid a lemon. In order to purchase a reliable vehicle, you need to do more homework and take your time researching the car. Otherwise, you could be stuck with a car that doesn’t function as it should.

Choosing a reliable car dealership is only one step you need to take. You must also research the vehicle’s history and pay close attention to the car’s function on a test drive.

The Lemon Pros have worked with thousands of drivers stuck in a defective vehicle. Because we focus solely on California’s Lemon Law and getting our customers compensation, we can help you with your claim. Contact us for a free consultation to get out of your lemon.

In this guide, we explain what a lemon car is and give you the steps to avoid buying a lemon, from evaluating the various car dealerships to getting a professional inspection.

What Is a Lemon Car in California?

California Lemon Law (known as the Song-Beverly Consumer Warranty Act) protects consumers from defective vehicles, known as lemons. A lemon car in California is one that has unrepairable defects covered by the warranty. The dealership or repair shop has unsuccessfully attempted to repair the problem and it substantially affects the vehicle’s value, use or safety.

Because lemon laws are so broad, a wide range of problems can fall under the regulations. For example, a defective vehicle suspension affects the use and safety of the car, making it eligible for compensation. Additionally, a problem such as brake squealing or unusual sounds may not necessarily affect the safety, but these concerns are going to reduce the car’s value dramatically, so they would also be covered.

For cars to qualify for the Lemon Law in California, they must meet these requirements:

• Covered under a warranty (extended service contract, manufacturer’s warranty, etc.)
• New cars have coverage for up to 18 months or 18,000 miles. How long is the Lemon Law on used cars? They are only eligible while under warranty, which could be as little as 30 days or 1,000 miles.
• Unrepairable defects despite the efforts of an authorized service center (four attempts for non-safety-related issues and two attempts for serious safety defects).

You will know you have a lemon if the vehicle fits the criteria above and suffers from a wide range of complaints, such as frequent breakdowns, repeated repairs for the same issue, unusual noises, excessive rust, or warning lights that never seem to go away. There’s also the issue of manufacturer recalls that can lead to a lemon lawsuit. If your vehicle can’t be repaired in a reasonable time, you may be able to file a lemon law claim.

How to Avoid Buying a Lemon Car

If you want to buy a car, it’s critical to take the following steps to avoid a lemon. While you may need to spend a little more time in the shopping and buying process, you can avoid purchasing a defective vehicle that leads to headaches and trouble.

Step #1: Take a Test Drive on Different Roads

It's in your best interest to drive the car on a variety of roads, including highways, city streets and rougher pavement, trying to find any obvious problems. While test driving, listen for any weird sounds, such as whining, grinding from the braking system or knocking, as well as vibrations in the steering wheel. You can also test the braking, acceleration and steering response.

Step #2: Buy from a Reputable New or Used Car Dealer

Take your time researching the dealership before buying. Check dealer reviews on Google, BBB and other platforms. Instead of purchasing a used car from a private seller (no Lemon law coverage), choose a dealership that offers a certified pre-owned vehicle with a warranty instead.

Step #3: Get a Pre-Purchase Inspection (PPI)

Hire a trusted mechanic to inspect the car before you buy it. An independent inspection may cost you between $100 and $200 for a thorough inspection, but it can save you thousands in repairs. If you choose to perform your own inspection instead of going to an independent mechanic, make sure it covers these aspects, at a minimum:

• Exterior inspection: Examine for mismatched paint, dents, rust, uneven panel gaps and uneven tire tread (indicating suspension problems).
• Interior inspection: Test all of the electronics, climate controls, and power accessories. Look for signs of water damage (musty smell and damp carpets). Ensure all of the seat belts work and that everyone will be comfortable in their seats.
• Under the hood inspection: Check for fluid leaks, corrosion, frayed components and worn hoses. Examine all the fluids to ensure it was properly maintained. If the fluids are old or smell odd, it's a major red flag that the car wasn't taken care of.
• Under the car inspection: Perform a visual inspection to look for rust, frame damage, exhaust leaks and fluid dripping.

Step #4: Get a Vehicle History Report

While it does cost a little money, it’s wise to get a vehicle history report before buying a used vehicle. You can plug in the vehicle's identification number (VIN) to several reputable sources and get a full history printout. We recommend using either CARFAX or AutoCheck.

You’ll want to pay close attention to the following aspects of the report:

• Title information: The car needs to have a clean title. Avoid buying anything with a salvage title, as it indicates that the car was in a major accident that may have compromised its structural integrity.
• Accident history: Even if an accident didn’t cause a salvage title, you may not want any vehicle that’s been in a major collision. Accident damage can lead to a host of problems, some of which may be unseen.
• Odometer readings: It’s important that the odometer readings on the car and the vehicle history report line up. Otherwise, it could indicate foul play.
• Service and maintenance records: You want a car that’s been taken care of. Look carefully at how often it was serviced and if all of the recommended maintenance was performed, such as oil changes. In these records, you may also see some of the items that have been repaired.

The good news is that if the car had a previous Lemon law claim, it would be listed in the vehicle history report. With the lemon history reported by the vehicle identification number, you know to walk away from the vehicle no matter how low the price may be. Any previous lemon history means that you won’t be able to file further claims for that problem, so you would be stuck with the potential defect.

Step #5: Get Everything in Writing

To fully protect yourself, get all of the agreements, warranties and promises in writing. Carefully read through everything before you sign it and never participate in verbal agreements because these don't hold up in court.

Step #6: Negotiate the Purchase

Even if everything else checks out, you may still encounter issues while purchasing the vehicle that cause you to question the dealer or the car’s integrity. Start by looking at the window sticker and comparing it with the car’s fair market value listed through Kelly Blue Book (KBB). Used vehicles shouldn’t be too far out of the range listed, and it is okay to get a good deal as long as it doesn’t mean that there are significant issues.

Remember to use professional inspection and vehicle history reports to negotiate a better deal. You can leverage this data to get the best price possible.

What to Do if You’ve Bought a Lemon Car

If you already have a lemon, you need to take swift action to ensure the highest compensation. We will show you how to start a Lemon law claim and offer some tips to make the process easier.

• Understand your state's Lemon Law: While there are federal regulations for consumer protection through the Magnuson-Moss Warranty Act, it’s more important to understand the state laws.
• Document everything: Gather the purchase agreement, warranty information, and all repair costs or work orders. Furthermore, all communication needs to be recorded on the repair estimates. If you have more documentation of the problem through the technical service bulletins or notes from the mechanic, these will help you prove your case.
• Notify the manufacturer: The next step is to notify the manufacturer and dealership with a certified letter. While you can write this demand letter yourself, most manufacturers and dealerships take it more seriously when it comes from a lawyer.
• File a Lemon law claim: The written notification and documented evidence will be required to proceed. Because a simple mistake may cause your case to be dismissed, we highly recommend hiring a lawyer.
• Hire an attorney: With so many benefits of a Lemon law attorney, it’s often best to hire one at the beginning of the process. If a lawyer only charges after the case is won, they are going to work much harder to earn compensation.
• Prepare for court: Many manufacturers offer an arbitration process to reach a settlement, but you may not receive the outcome you hoped for. Thankfully, you have other options, including heading to small claims court.

If the claim is denied, there are other avenues to pursue. For example, we recommend filing with the Better Business Bureau (BBB), especially if deceptive selling practices from a local dealership are found.

Need a Lemon Law Attorney?

Before buying a used car, read reviews about the dealership and do your research. Don’t be tempted by a low purchase price or ridiculous financing rates for auto loans. It’s important to do your inspection and read the vehicle history report so you know what you are getting into.

While it’s best to avoid purchasing a lemon to begin with, sometimes there’s nothing you can do to prevent getting a defective vehicle. You may need an expert Lemon law lawyer in California to fight your claim for you. Our team of qualified attorneys offers a free consultation and won’t ask for payment unless you win your case. Schedule a case evaluation today at our Lemon law attorney practice in Beverly Hills.