What should you do when you find out that the used car you purchased is more trouble than it’s worth? Should you sell it, try to fix it again, or drop it off at the junkyard? While it may be tempting to just lie down and cut your losses, there are laws to help you get out of your defective vehicle, even for used cars.
If you’re stuck with a vehicle notorious for constant repairs, we’re here to help. In this article, we’ll walk you through the steps to take if you’ve bought a used car lemon and explain how the second-hand car Lemon Law protects you.
Does Lemon Law Apply to Used Cars?
In many states with lemon laws for used cars, the Lemon Law isn’t strictly for brand-new vehicles. Used cars can also qualify, provided they meet certain conditions. Generally, the California Lemon Law applies to vehicles sold with an active automaker’s warranty, whether they are new or used.
This means that even if your car isn’t fresh off the assembly line, you still have legal options when defects pop up. The key is to confirm that the defect arose during the original warranty period and how much impact it had on the car’s safety, value, or functionality.
For instance, if you purchased a pre-owned vehicle from a dealership with a manufacturer-backed CPO warranty, that warranty falls under Lemon Law on used cars.
Laws that Protect Used Car Buyers
Speaking of the used vehicle Lemon law, let’s take a look at different laws protecting used car buyers from remaining stuck with their lemon:
- California Lemon Law: In California, the car law Lemon used vehicles fall under specifies certain conditions that must be met. These include the defect being under the manufacturer’s original or CPO warranty and the dealer’s inability to repair the defect after a reasonable number of attempts. Also, the fault in question must impair the car’s use, safety, or value.
- Federal Magnusson-Moss Warranty Act: Even in the absence of the California State Law, lemon car owners still have options. The federal law protects consumers nationwide, including used car buyers. If your used vehicle came with any kind of warranty, the Magnusson-Moss Warranty Act ensures you have consumer protections against defective vehicles.
- Implied Warranties: Many states recognize implied warranties even if the dealer who sold a lemon didn’t offer a specific warranty. This means the car should function as expected for its intended purpose.
Can You Lemon Law a Used Car?
If a dealership sells you a lemon and you find out that your vehicle (and your investment) is a bust, it’s normal to feel cheated. Rather than licking your wounds, you should take the necessary steps to protect your rights. This isn’t much different from pursuing a lemon claim for a new car, but the used Lemon Law process can differ slightly:
Document Everything
If you’re standing on the corner shouting “A used car dealership sold me a lemon!” the first thing you should do is create a detailed paper trail. Ensure you save every repair order and invoice, and all communication with the dealership or carmaker. This documentation proves that you’ve given them enough opportunities to fix the issue.
It’s also helpful to keep a log of how the defect has affected your daily life. For example, if the car breaks down on the freeway or causes missed workdays, that could strengthen your case.
Check the Warranty Status
Does your vehicle still have an active manufacturer’s warranty? If yes, the warranty will determine if your car qualifies for Lemon Law protections. Even if the warranty has expired, you may still be eligible as long as the defect started during the warranty period.
However, if you purchased the car “as-is,” things might not be so straightforward. This type of purchase means that even if someone sold me a lemon (and I work in lemon law), they would have no obligation to cover repairs. We would say “as is” is generally something to avoid, but the Lemon Law may still apply if they violated California’s disclosure requirements about the car’s condition.
Get Repairs Done at Authorized Dealerships
Always take your vehicle to an authorized repair shop for service. This will ensure you receive quality repairs and keep a consistent record of your efforts to address the defect. Definitely don’t visit private mechanics who aren’t authorized to service your car brand. It can weaken or invalidate your claim.
Contact the Manufacturer
If repairs don’t fix the problem, notify the manufacturer directly in writing. Send them a letter via certified mail, informing them of the defect, previous repair attempts, and how it affects your usage of the vehicle. Don’t leave out any important detail. Your attorney will make sure to attach the necessary paperwork showing you’ve done your part.
Lastly, ensure you include your intention to file a Lemon Law claim and seek legal compensation.
Seek Legal Help from Expert Lawyers
Lemon Law cases can be complex, especially for used cars. Hiring an attorney for Lemon Law will help you meet deadlines on time and avoid missing critical steps. They can break down what to do if a dealership sells you a lemon and explain all of your options.
The best part is that most lemon attorneys, like those at Quill & Arrow LLP, work on contingency. This means you don’t pay unless they win your case.
Negotiate or Litigate
Once you’ve filed a claim, the manufacturer may offer a settlement: a refund, replacement vehicle, or additional repairs. Your attorney will negotiate to get you the compensation you decided on. If the carmaker refuses, your attorney will take the necessary steps to bring the case to court.
FAQs for Used Car Lemon Law
What is the Lemon law on a used car?
Lemon laws for used cars cover vehicles with serious defects that show up shortly after purchase. Rules vary by state, but most require the dealer to fix the issue, or offer a refund if they can’t.
Can a used car be a lemon?
Yes, a used car can be a lemon if it’s under warranty and has major defects that make it unsafe or unusable.
Is there a 30-day Lemon law on used cars?
Some states have laws that protect buyers for a set period, like 30 days, after buying a used car. These laws usually require the dealer to fix major issues or take the car back.
What states have Lemon laws?
All 50 states have lemon laws, but the rules differ for new and used cars. Not every state covers used vehicles, so it depends on where you live.
It’s Time to Fight Back
Discovering you’ve bought a lemon isn’t the end of the road, even if it feels like a dead end. The California Lemon Law provides protections to help you turn your lemon situation from sour to sweet..
The key to success lies in taking action quickly. Document everything, follow repair protocols, and confirm your warranty status. Remember to seek professional, legal help from our attorneys at Quill & Arrow LLP. We won’t let a faulty car drain any more of your finances and energy. It’s our job to hold manufacturers accountable and get you your deserved compensation.
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions