Every vehicle dealership is required to disclose any vehicles that have been deemed lemons by the manufacturer. These are vehicles that have had major problems and the manufacturer has issued a safety recall on them, but they’ve yet to be fixed. If it’s known that a vehicle was previously defined as a lemon, then there should be some disclosure of this fact in order for consumers to make informed decisions about what vehicles they want to purchase or lease. Ask a California Lemon Law Lawyer if a dealership has to disclose a lemon vehicle resell.


Is It Illegal for a Dealership to Resell a Lemon?

Yes, under California law, dealers are able to sell re-purchased lemon vehicles as long as they follow certain guidelines. These vehicles can be bought back through a warranty or Buy Back agreement and should have been in possession of the dealership for at least 30 days before being sold off secondhand.

The rules regarding how these types of transactions take place depend on what type of business was originally conducting them (dealer vs manufacturer).

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What Does the Seller Have to Do?

When a vehicle turns out to be lemon, the consumer is protected by California’s Lemon Laws. In these cases manufacturers and dealers are required to buy back their vehicles at full price before selling it again with repairs done if necessary; they may also choose not to make any changes on how many times or when possible but still sell as-is without making any sort of fixings for profit margins too high compared other options available.

  • The first thing you should do when buying a new vehicle is checked if the title has been marked as “Lemon Law Buyback“. If so, then you will know that the vehicle is a lemon.
  • The law requires that if a dealership sells you a lemon, they must disclose this to the buyer and place an identifying decal on it.
  • The dealer is required to provide a written disclaimer, which the consumer must sign. The disclosure process includes notifying them of specific vehicle defects and repair history in order for it to be valid under the law.
  • A dealership cannot falsely state that a vehicle is in good condition when it’s known to be defective.
  • Dealerships sometimes sell lemon cars without knowing, but you may have legal recourse in California under the Lemon Law.


Will An “As-Is” Vehicle Count Under the Lemon Law?

A vehicle is sold “as-is” often without any warranty. If you’re concerned about the condition or safety of an ‘as-is’ vehicle, don’t buy it, instead, go for one that still has its manufacturer’s original warranty. Newer used vehicles or those under lease contracts are typically covered by California’s Lemon Laws too so take this into consideration when purchasing a vehicle.

A used car’s warranty is often limited to the first owner, but there are other protections available. The dealer may provide an additional written guarantee and in some cases a manufacturer will offer extended protection for their customers with certified pre-owned vehicles they sell through this program.

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What Can You Do If You Were Sold a Lemon By a Dealership?

A seller should always disclose the history of any car that they are selling. If you suspect your new vehicle has undisclosed problems, a good way to check is with CARFAX reports, these will tell if the vehicle has had any previous issues.

If you feel that your rights were violated by a car dealer, then it is time to take legal action with the help of a lemon lawyer in San Diego. Failure on behalf of the seller/dealer in this instance could lead them into civil suit grounds which may give rise for damages and compensation owed based off deception or misrepresentation leading up until the purchase agreement was signed-up with no disclosures made beforehand about possible Lemon Law protection plans available where applicable (depending upon what state).


Have You Been Wronged by a Dealership? Contact A Lemon Lawyer San Diego CA

Buying a new car is an exciting experience, but many buyers are disappointed by the fact that the vehicle turns out to be a lemon. Lemon vehicles have serious reliability problems that affect their use or safety, which could make them worth less on future resale markets too.

Even if you buy from your local dealership with warranty protection against manufacturer defects, there’s no guarantee these will be resolved for good. If you’ve had to take any recent purchase in regularly due repair work already then consider making Lemon Law Claim with McMillan Law Group.