In California, the lemon law provides consumers with rights when purchasing used cars. This law allows for a car to be returned and exchanged if it has major mechanical problems that were not apparent at the time of purchase. The law also applies to cars bought through a dealership.
Under California’s used car lemon laws, a manufacturer or dealer must fully repurchase or repair the car if it has a major defect or cannot be repaired within a reasonable number of repair attempts.
The manufacturer or dealer must pay attorney fees, costs, and possible civil penalties if the manufacturer fails to follow the lemon law.
Qualifying under the Lemon Law
From 2013 onward, laws and regulations passed in California had modified to require that even non-bank buy here, pay here dealers give car owners at least a 30-day or 1,000-mile warranty for the essential parts of the vehicle. However, non-bank dealers who specialize in online purchases are more likely to offer a more extensive warranty, while Certified Pre-Owned vehicles are better protected by them.
Lemon law gives you the ability to receive compensation if you purchased a used car and the following conditions are met:
- You purchased the car from a retailer, not from a private individual. Private car sales aren’t regulated by the law.
- The motor vehicle has the original warranty offered by the manufacturer or an extended warranty from the retailer.
- The preexisting vehicle has a substantial issue.
- The vehicle has spent time in the shop serviced.
- Despite numerous repair work attempts, the car problem persists.
Used Car Warranties
A California lemon law lawyer can give you knowledgeable legal counsel concerning your rights. The original pre-owned vehicle may be marketed, but it may still be under the manufacturer’s warranty. The vehicle may also have got a used dealer warranty.
There is legislation in California that protects consumers who bought used cars that are still under warranty as well as those that were offered by a private seller.
Implied Warranty of Merchantability:
The implied guarantee of merchantability is a nonspecific, unwritten guarantee from a seller that the vehicle will do exactly what it’s supposed to. If you believe that your used automobile possesses a significant technical failure, it was originally flawed at the time it was sold, and the dealer may have breached this guarantee.
Extended Warranty or Service Contract
Often, dealers offer extended warranties that have only a warranty contract background. Although this may mean your repairs are covered if something wrong happens to your car, it doesn’t necessarily mean that it is covered by the vehicle’s manufacturer and its warranty.
Check your used car buyer’s guide and check if it stated a purchase warranty, and you should also check to see if the warranty coverage of your purchase is still in effect.
How To Know If Your Used Car Is a Lemon?
If your car is a lemon, the car manufacturer or dealer should, would certainly like the opportunity to repair it within a reasonable length of time. Chances are your vehicle is a lemon car if it’s been in the repair shop for 30 days or more or not fixed after multiple attempts.
What You Should Do If You Think Your Used Car Is a Lemon?
If you believe your automotive vehicle is a lemon, you must be your own chief advocate. A used-vehicle dealership or a manufacturer is not on your side.
There are a few things you can do to try and fix the car. You may be able to get a refund or a new car from the seller. You can also contact the manufacturer or the car’s insurance company to see if they will cover any of the repairs. Lastly, you can take the car to a mechanic and have them check it out.
Hire a Qualified California Used Car Lemon Law Attorney
The California Department of Justice suggests that victims of used automobile owners looking to get a Lemon Lawsuit should get in touch with a lawyer. A qualified lemon law lawyer can give you knowledgeable legal counsel and explain briefly what California’s lemon law cover.
If you have a lemon car in California, it’s important to know your rights and who to contact for help. A qualified used car lemon law attorney can help you negotiate a settlement or take your case to court if negotiations fail.