Can Used Cars Qualify For A Lemon Law Claim?
Consumer Rights Consumer Protection Motor Vehicle Defect and Lemon Law
Summary: In California, the Song-Beverly Consumer Warranty Act outlines the protections afforded to buyers of new and used lemons. Here is some information that will provide guidance on whether your used car qualifies for a lemon law claim in our state:
In most parts of the U.S., including here in California, we
rely heavily on our cars to help keep our lives moving. If our car doesn’t
work, it can cause serious problems. Nobody likes getting stuck with a “lemon,”
a car that is just no good. It is frustrating and costly to deal with, and can
even be dangerous. “Lemon laws” help car buyers who feel they have gotten a
rotten deal. When buying a new car, the protections are pretty
straight-forward, but it gets more complicated for used cars. Although a used
car with a certain amount of mileage will probably require more maintenance or
repairs than a newer model, the question is when those repairs indicate that
you have bought a lemon. Further complicating the matter is whether you bought the
used car from a car dealer or private individual.
In California, the Song-Beverly Consumer Warranty Act
outlines the protections afforded to buyers of new and used lemons. Here is
some information that will provide guidance on whether your used car qualifies
for a lemon law claim in our state:
- Is
the car a lemon or is it just old? Even though your used car has mechanical difficulties, it still
might not be a lemon. Lemon laws apply to a substantial defect that
affects operability and is covered by the car’s warranty. You must give
the dealer a reasonable number of attempts to repair this defect.
- How
old is the car?
If you purchase or lease a vehicle from a California car dealership during
the original manufacturer’s warranty period, you might be entitled to
protection under the new car lemon law.
- What
type of warranty does the car have? If your used car was not sold with the manufacture’s factory
warranty still intact, then you may qualify for protection under the lemon
law if your car was sold with a dealership or CPO warranty. Look at the
Buyer’s Guide on the window of any used car you want to purchase to see if
it comes with a warranty. There might be some confusion between a warranty
and an extended warranty, so you will need to be very careful. Extended
warranties are typically service contracts, which are not warranties at
all. A warranty is the dealer’s
confirmation that the vehicle is in good condition, while an extended
warranty is more of a contract that may provide for repairs and/or service
if the vehicle does break down.
Buying a used car that turns out to be a lemon can be a
confusing and frustrating experience. If you believe that you have been misled
about the road-worthiness of your vehicle, save all of your original purchase
and warranty information, along with any communication or repair documentation.
Then contact our California lemon law attorneys for expert advice on how to
proceed.