Certified pre-owned vehicles are often a great choice for car buyers. They are a perfect middle-ground since they are more affordable than new cars, but more reliable than “as-is” used vehicles. You get the savings of a used vehicle, the reliability of a manufacturer’s warranty, and rigorous inspections.
However, the situation can still feel overwhelming when problems start piling up without an end in sight. Does Lemon Law apply to used cars in California? Let’s find out if you can decipher the Lemon Law certified pre-owned cars fall under and how to go about getting compensation for your car problems.
Explaining the California Lemon Law
The design of the California Lemon Law is essentially to protect every customer with a defective vehicle. It requires automakers to buy back or replace vehicles with notable defects if the dealership can’t provide a permanent solution. Some key points to note about this law include:
- It applies to new, leased, and many certified pre-owned vehicles.
- The automobile’s issues must impair its function, value, or safety.
- The vehicle must still be within the automaker’s warranty at the time the issue arises.
Let’s look at a few issues that could qualify your car as a lemon. Even with inspections, CPO vehicles can have the following problems:
- Transmission failures
- Electrical malfunctions
- Engine defects
- Persistent warning lights
- Brake or steering system issues
If these defects persist despite repairs, you may have a case under the Lemon Law.
Does California Lemon Law Apply to Used Cars?
Certified pre-owned vehicles can qualify for the Lemon Law if they meet certain conditions. The main factor to consider, however, is the type of warranty that the car carries. Let’s dive under the hood on CPO lemon law.
Most certified pre-owned vehicles come with a limited manufacturer-backed warranty. If the defect arises during this coverage period, the vehicle may qualify for protection under Lemon Law. On the other hand, cars with dealership-awarded warranties are less likely to qualify, but if there was a misrepresentation by the dealership about the vehicle’s condition when you bought it, you may have an avenue for other legal claims.
Determining if Your Certified Pre-Owned Car Qualifies
To qualify for the California Lemon Law, certified pre-owned vehicles must meet the following criteria:
- The Car Has a Significant Defect: The defect must impair the car’s use, safety, or resale value. For example, a defective braking system qualifies as a substantial defect, whereas a minor cosmetic issue likely would not.
- The Issue Occurs Within the Warranty Period: The warranty is usually an extension of the original new car warranty for CPO cars. If that one is no longer valid at the time of purchase, the automaker will provide a separate CPO warranty. Any eligible defect must occur while still under one of these warranties.
- Dealer Has Made Reasonable Repair Attempts: The consumer must allow the dealership a reasonable number of attempts to fix the problem. For the record, what counts as “reasonable” depends on the severity of the defect. If it’s safety-related, you may only need two attempts to qualify.
Taking Steps to Rectify Your Lemon Situation
If your certified pre-owned car has persistent issues, follow these steps to build a strong Lemon Law claim:
Gather Documented Proof
When you want to begin a Lemon Law case, you shouldn’t expect the manufacturer to believe your complaints based on word of mouth alone. You must provide proof supporting your claim of having a defective vehicle.
As each defect arises, keep detailed records of the date and time of occurrence, log the repairs attempted and outcomes, and keep all repair orders and invoices. Be sure to make copies of communication logs with the dealer or automaker, as well as the purchase agreement and warranty documents.
Schedule a Consult with Lemon Lawyers
If you’re wondering if you need another repair attempt or have all the documents you need, it’s time to find a lemon law attorney. It’s important to seek a competent lawyer, because the California Lemon Law certified pre-owned vehicles abide by can be more complex than standard lemon cases.
A qualified attorney will:
- Determine if your car qualifies as a lemon
- Handle all communications with the manufacturer
- File your claim and maximize your compensation under the law.
Understand Your Rights and Potential Compensation Options
During your consultation with your attorney, ensure they break down your rights and potential remedy options. If your certified pre-owned car qualifies, you may be entitled to a:
- Buyback Offer: The manufacturer repurchases the car and refunds the down payment and monthly payments. You also get a payback for any other incidental costs, like towing or rental fees, as well as wages lost due to car troubles.
- Replacement Vehicle: You may receive another vehicle in exchange for your defective one. This vehicle will be of the same make and model and have similar mileage and market value to the previous one.
- Cash Settlement: Your lawyer may negotiate a settlement to cover your losses while you get to keep the vehicle and its remaining warranty.
Notify the Manufacturer
Send the automaker a written letter informing them of the ongoing issues. Also, notify them in the letter of your intent to seek resolution under the Lemon Law in the form of a buyback or replacement car. This establishes a formal record of your complaint that they cannot deny.
Sometimes, the manufacturer may ask for another opportunity to attempt repairs after you send this letter. It’s important to allow them, so you can prove that you’ve done your part to repair the issue.
Negotiate or Litigate
If they still can’t fix the problem, your lawyer will file your claim and begin negotiations. It’s their job to secure a favorable outcome for the troubles you’ve had to deal with. If the manufacturer refuses, they won’t back down and will argue your claim in court.
Frequently Asked Questions
Can a certified pre-owned car be a lemon?
Yes, a certified pre-owned (CPO) car can be a lemon if it has a significant defect that affects its use, safety, or value.
Is there a lemon law for used cars in California?
California’s Lemon Law does protect buyers of defective vehicles, provided the issues arise during the warranty period and meet specific criteria.
Do lemon laws apply to certified pre-owned vehicles?
Yes, California’s Lemon Law can apply to certified pre-owned vehicles with a warranty and meet the law’s requirements.
Turn That CPO Lemon Into A Reliable Ride
Many people believe that since they bought a used vehicle, the Lemon Law doesn’t apply to them, but we now know that isn’t the whole story. If you’ve purchased a CPO vehicle with persistent problems, don’t wait to explore your rights under the Lemon Law.
Speak with an expert lawyer at Quill & Arrow They deal with CPO Lemon Law every day and can help you get fair compensation. They are ready to take on your case to ensure you don’t bear the financial and emotional burden of a lemon car any longer. Let our expertise help you get the compensation you deserve.
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions