In California, the Lemon Law protects consumers from defective vehicles. This legislation ensures that drivers aren’t stuck with a car that has irreparable defects. While most of the laws are centered around a brand-new car, it’s important for buyers to understand the protections available for a Certified Pre-Owned vehicle (CPO).
In some circumstances, the Lemon Law is available for Certified Pre-Owned cars. It must still be covered by the manufacturer’s warranty and have significant defects that impair its use, safety or value. However, even when these conditions are met, navigating the process isn't always straightforward. Understanding the state and federal laws can be confusing, making it difficult for drivers to file a Lemon law claim on their own.
We at The Lemon Pros are experts in the field and know how to get compensation for a used car in California. With a practice area dedicated to the Lemon Law for Certified Pre-Owned cars, one of our attorneys can review your case and file the claim for you. Contact us today for your free consultation.
If you are driving a defective CPO vehicle, this guide is for you. We explain the California Lemon Law and show you how to make it work for your situation.
Of cars sold in America, there are brand-new models, Certified Pre-Owned (CPO) cars and used vehicles. The new model is the one that comes from the factory to the dealership, while the used vehicle has been previously loved and enjoyed by other drivers. Unlike new cars, which are only sold at dealerships, used vehicles can be sold at a dealership or through a private party. In comparison, the Certified Pre-Owned vehicle is sold at the dealership, but is used.
The CPO car has miles on it and may be a few years old. At the dealership, a technician will have provided an in-depth inspection of the car, ensuring it is in perfect mechanical condition.
CPO cars also come with the remainder of the factory warranty. Certified Pre-Owned warranties typically operate as an extended warranty, adding some more time to the initial coverage. The CPO warranty may also have some other perks, such as roadside assistance.
Are used cars covered under the CA Lemon Law? While the recent California Lemon Law used car ruling has made some changes to coverage, pre-owned vehicles are still included in protections. Some states don’t offer any protection, so you would need to check your local regulations outside of California.
Some of the most common problems occurring with CPO vehicles include the following:
You must understand how to know your car is a lemon before trying to file a claim. The following regulations are specific to California (under the Song Beverly Consumer Warranty Act).
The vehicle must be covered under the manufacturer’s warranty. The extended car warranty isn’t enough for the Lemon law regulations.
Its defect must substantially impact the use, value or safety of the vehicle. This regulation covers a vast majority of Lemon law problems.
The dealer must be given adequate time to repair the issue. A reasonable number of repair attempts is considered four, with most defects or two if there are serious safety concerns.
Despite multiple repair attempts, you can get coverage if the car has been out of service for more than thirty days for a single defect. An experienced Lemon law attorney can help determine what your car qualifies for and get compensation for your troubles.
If you’ve been dealing with persistent defects on your CPO vehicle, it may be time to take action. Here are some steps to follow if you want to file a successful claim.
Take time to read through the warranty paperwork, ensuring that the original factory coverage is still in place and that it covers the defect during the specified period. The manufacturer may have added other warranties to the CPO vehicle, but it’s the factory paperwork that matters the most for lemon cases.
To pursue compensation, you must prove that the defect exists and cannot be repaired. To do so, we recommend keeping a log of every issue as it arises. Mark down the date, mileage and exact symptoms you notice. If you can get photos and videos of the complaint, that’s even better.
It’s crucial that you take the car back to the authorized service center at the dealership for repairs. Save all the service records, repair invoices and communications with the dealer as proof that the defect hasn’t been fixed.
In the state of California, you are legally required to notify the manufacturer of the defects and your intentions to file a claim. Send a certified letter to the manufacturer so there’s a paper trail of your attempt. In this letter, offer a “final opportunity to repair” the issue before a legal claim is made.
If you face a Lemon law claim, you don’t want to delay taking action. Any delay can weaken your case, so it’s important to act swiftly. With the help of an experienced Lemon law attorney, you can find out if your car qualifies for compensation and allow them to handle the negotiations on your behalf.
Thankfully, most lawyers offer a free consultation, so you shouldn’t have to pay anything upfront. You may also be able to get no-cost compensation if the lawyer only gets paid when you win the case. That’s exactly what we do at The Lemon Pros. You know we fight as hard as possible for our clients because we won’t get paid if we lose.
While you wait to find out if you can get a refund, replacement vehicle or settlement, you do not want to trade in or sell your vehicle. While these may seem like a quick way to get out of the problem, your lawyer will no longer be able to help you if the car isn’t in your possession.
While the dealership is required to disclose material facts of any defects and warranty issues, you can still take steps to protect yourself from a lemon. Here are a few tips to keep in mind:
In most cases, these steps will prevent you from getting stuck with a lemon, but there are times when nothing you do can prevent it from occurring. In that case, don’t be afraid to reach out to an expert Lemon law lawyer for help.
The lemon rules for CPO cars are similar to new vehicles, meaning it may qualify for compensation if it has a defect that cannot be repaired. In California, you have rights if you’ve purchased a lemon CPO car. However, you need to take action quickly before the statute of limitations expires.
The Lemon Pros is your trusted source for getting compensation. As the best Lemon law attorney in California, we’ve secured millions for our clients and we are ready to help you. Get your free case evaluation today.
The CPO warranty is a contract stating that any defects (within the terms) will be repaired at no charge to the owner. Lemon Law is a legal consumer protection, allows owners to file a claim if the warranty coverage isn’t upheld.
In California, the Lemon law for used vehicles only lasts during the original warranty period. However, you have up to four years to file the claim. We recommend that you don’t wait that long, not only because you want to get out of the defective vehicle, but also because your delay shows that the issues aren’t important.
One of the main reasons to sue a car dealership is because of a breach of warranty or a misrepresentation claim. California law protects you from having a lemon vehicle that can’t be repaired.
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