California Lemon Law covers used cars in certain circumstances, providing compensation to drivers stuck with a defective vehicle. The car you purchased must have warranty coverage from an authorized dealer.
The Lemon Pros simplify the claim process to get compensation for defective vehicles. As premier car warranty lawyers in California, we’ve secured millions of dollars for our clients. Contact us today for your free case evaluation.
In this guide, we'll cover the qualifications for used cars under California's Lemon Law and explain how to file a claim. We also explain the steps required to file a car Lemon Law claim.
Used cars don’t receive the same type of Lemon Law coverage as new cars, but there are still some circumstances where they are covered. Used vehicles still covered by the manufacturer’s warranty have more protection than those without.
For a used car to qualify under the California Lemon Law (Song-Beverly Consumer Warranty Act), it must be sold or leased with the manufacturer’s warranty. This stipulation includes many Certified Pre-Owned vehicles and some used cars that still have factory coverage.
Additionally, the defect must show up within 18 months or 18,000 miles of the original delivery date (when it was new). You must have allowed the manufacturer ample time to repair the problem. In California, this requirement typically means that there have been two repair attempts for serious safety issues, or four repair attempts for other recurring problems. Otherwise, if the car has been out of service for more than thirty days, it could qualify.
In California, qualifying defects must substantially affect the car’s use, safety, or value. Therefore, covered complaints can include anything from serious engine damage to annoying electrical glitches. If your used car qualifies under these conditions, you may be eligible for a Lemon Law buyback or replacement vehicle.
Once the defect has been reported and the manufacturer has had a reasonable number of repair attempts to fix it, California law outlines when the vehicle can be deemed a lemon. For starters, the issue must be above a simple inconvenience. The defect must, in some way, affect the use, value, or safety of the vehicle.
You must also have a documented repair history for the defect. Detailed records of each visit help establish this history and support your used car Lemon Law rights.
Even if the defect meets the criteria outlined above, the claim must be filed within the California Lemon Law statute of limitations. While the defect must show up within 18 months or 18,000 miles (whichever comes first), your used car Lemon Law rights are valid for up to four years.
In most cases, you can’t simply return a used car just because it has problems. The California Lemon Law doesn’t guarantee a return or refund on demand. It only applies when the vehicle meets specific legal standards for being defective.
To file a claim for California Lemon Law used cars, it’s always best to have legal representation. You can file a Lemon Law case without an attorney, but you may not receive the same level of compensation.
A Lemon Law attorney in California helps you gather all of your documentation and evidence for a successful case. They also help you meet all of the deadlines, so you don’t miss out on compensation. If you get involved in Lemon Law arbitration in California, you want to have a professional on your side for the negotiations.
If your new or used vehicle qualifies under California Lemon Law, you may be entitled to several types of compensation. The goal is to make up for the money and time lost dealing with the defective vehicle.
Lemon Law compensation for a used car can also include incidental expenses. If you’ve put money out of pocket for towing, a rental car, or repairs, these costs may be covered. Additionally, the manufacturer may be required to pay your legal fees.
The consumer protection provided by California Lemon Law is only available to car owners who use the vehicle for normal household purposes. The cars, SUVs, and pickup trucks must be titled to a personal individual, not a business. The Lemon Law applies to vehicles purchased, financed, or leased from car dealers, but not private party sellers.
The implied warranty of merchantability is built into most vehicle sales. This warranty basically states that when a dealer sells you a car, they’re promising the vehicle is fit for ordinary driving purposes. In other words, the car should run as intended, be safe, and provide reliable transportation.
Unlike the manufacturer's original warranty or the extended warranty, the implied warranty isn’t written into the contract. It applies automatically when the dealer sells the vehicle, unless it is sold as-is.
Sadly, there is no California Lemon Law protection when purchasing from private sellers. For coverage to exist, you must purchase the car from a reputable dealership.
When a dispute arises over whether a car qualifies as a lemon, you may prefer Lemon Law arbitration in California. The state-certified arbitration program, through the California Department of Consumer Affairs, helps you avoid court and get a faster resolution. In general, these are the steps involved with arbitration.
While this process can be a lot faster than filing a lawsuit, you may not like the outcome. However, you aren’t bound to accepting the terms. For this reason, it’s best to work with a Lemon Law attorney in California who can explain your options.
Both the used and new cars are subject to the same repair requirement before filing a Lemon Law claim. For any defect that can cause serious bodily injury, only two repair attempts are required. All others may require four visits to a repair shop before eligibility occurs.
Under the California Lemon Law, repair attempts show that the manufacturer had a fair chance to fix the defect. Well-documented repair records are crucial, as they support your claim and demonstrate that the car qualifies for a Lemon Law buyback. Accurate records strengthen your used car Lemon Law rights and help ensure a smoother resolution.
If you haven’t given the manufacturer a minimum of four repair attempts to fix the problem (two for serious issues), this will be a requirement before you file a claim. Even if you have met the requirement, you may still be asked to give the manufacturer one more attempt.
Several California Supreme Court rulings on used cars have helped clarify how repair attempts affect consumer rights. For example, courts have ruled that persistent defects, even with multiple repair efforts, can justify a Lemon Law buyback if they substantially impair the vehicle’s use, safety, or value.
Other cases illustrate the importance of detailed repair records, showing that without proper documentation, consumers may struggle to prove the manufacturer had sufficient opportunities to fix the defect. These decisions set precedents for legal outcomes and help define used car Lemon Law rights, giving buyers guidance on when a claim is likely to succeed.
Lemon vehicles don’t have to be something you are stuck with. If your car doesn’t meet quality and performance standards, it’s time to explore your options for legal recourse. You can get a replacement vehicle or a full refund if your car qualifies.
The Lemon Pros know how to get results fast. With years of experience helping car buyers receive compensation for major defects, our premier attorneys resolve disputes by getting everything you are entitled to. Contact our legal team today for your free consultation.
If your used car is still under a dealer warranty, you may have rights under the California Lemon Law. Here, we answer common questions to help both you and other consumers understand your options and protections.
The law covers used cars still under warranty. Through arbitration, a neutral third party determines if the vehicle has the same problem repeatedly and the manufacturer hasn’t fixed it, potentially qualifying you for a Lemon Law buyback or replacement.
A car may be considered a lemon if it has persistent warranty problems that substantially affect its use, safety, or value. You may be due a refund or replacement if the manufacturer agrees the defects haven’t been successfully repaired after a reasonable number of attempts.
The Implied Warranty of Merchantability ensures that a used car, including one under a lease, is fit for ordinary driving and safe to operate. This warranty typically applies when the car is sold or leased by a dealer, unless it’s clearly sold “as is.”
Yes, an extended warranty can provide coverage for a defect. However, a car only qualifies for California Lemon Law protection if the problem cannot be fixed despite multiple repair attempts under the warranty.
Many Californians start by contacting the manufacturer or dealer to report the persistent issue. If it’s not resolved, you can submit documentation to a neutral third party through arbitration or consult a Lemon Law attorney to pursue a buyback or replacement.
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