Does Lemon Law Buyback Void Warranty?

Does Lemon Law Buyback Void Warranty?

• October 16, 2024
• Categories: Lemon Law

When purchasing a new vehicle, you expect reliability and performance. However, not all vehicles meet these expectations, leading to frustrating situations known as “lemons.” Fortunately, California lemon law protects consumers from defective vehicles.

While California lemon law provides recourse for buyers, does Lemon law buyback void warranty? The answer is no. Under California law, when a manufacturer buys back a vehicle, they must label the title as a “lemon.” This “branding” of the title ensures that any future buyer knows the defects and can make an informed decision when purchasing the vehicle. However, despite the branding, the remaining warranty from the manufacturer typically remains in effect for the new owner. Furthermore, even in situations where a consumer decides to opt for a settlement where they keep the car and accept a cash settlement, under that type of settlement the warranty remains in effect as well.

What Voids A Vehicle Warranty?

You may be wondering, what voids a vehicle warranty? Well, voiding a vehicle warranty means the manufacturer or dealer will not provide coverage for certain repairs or services. The specific terms and conditions of warranties can vary among manufacturers, so it is important to refer to the warranty documentation provided by the vehicle manufacturer. However, some common situations may void a vehicle warranty:

• Failure to adhere to the maintenance schedule: Neglecting regular maintenance, such as oil changes, filter replacements, and fluid checks, can void a warranty. Following the manufacturer’s recommended maintenance schedule and keeping records of the maintenance performed are essential steps to take.
• Unauthorized modifications or alterations: Modifying the vehicle not approved by the manufacturer can void the warranty. This includes aftermarket modifications to the engine, suspension, exhaust, or electrical systems that may affect the vehicle’s performance or safety.
• Misuse or abuse of the vehicle: Using the vehicle to exceed its design limitations or put excessive strain on the components can void the warranty. This includes racing, off-roading, or towing beyond the vehicle’s specified limits.
• Lack of proper documentation: Failing to keep records of maintenance and repairs performed by authorized service providers may void the warranty. It is important to keep receipts, invoices, and service records as proof of proper maintenance.
• Failure to notify the manufacturer of defects: If the owner fails to promptly notify the manufacturer or the authorized dealer of a defect covered by the warranty, the warranty coverage may be affected.

How To Avoid Buying a Defective Buyback

If you are considering purchasing a vehicle that has been bought back under lemon law, gathering as much information as possible about the car’s history is important. Determine the nature of the defect and confirm whether the manufacturer or dealership resolved it before putting the car up for sale again.

Even if the defective part was replaced, the risks might outweigh the potential savings if the car had a significant defect. For instance, a car returned due to serious brake issues might not be a good buy, even at a discounted price. On the other hand, a vehicle with a minor defect may be a good purchase.

Lemon law buybacks can also result from technicalities in the California lemon law. For example, if a car has a minor defect and remains in the shop for more than 30 days due to the owner’s neglect, it may qualify as a “lemon” and be eligible for a full refund. This car might not have any other issues, but its price must be reduced when resold.

What Should I Do If I Think My Used Car Is a Lemon?

You must advocate for yourself to protect your rights under California’s used car lemon law. Remember that the manufacturer or used car dealer is not working in your best interest. They may try to avoid warranty claims to save time and money. Therefore, you must take the necessary measures to preserve your lemon law claim.

Take Your Used Car in For Repairs

One of the requirements for a claim under California’s used car lemon law is that the manufacturer or retailer must be aware of the vehicle’s issues. You must also give them a chance to attempt repairs.

They cannot be held accountable if they are unaware of the problem. Therefore, it is essential not to delay addressing any concerns with your vehicle. When you suspect an issue, take your car in for repairs promptly.

Disclose All the Vehicle’s Issues

When you bring your vehicle in for repairs, communicate all the issues you have experienced. Take the time to verify that the work orders accurately capture your reported problems.

Keep Good Records

To pursue a claim under the California lemon law for used cars, it is necessary to gather several documents. Start by locating your warranty document and your car’s buyer’s guide. Next, gather all the service orders related to your vehicle. Remember to take notes during conversations with your car’s dealer or manufacturer.

When documenting these conversations, be sure to record the name of the person who assisted you, the date and time of the conversation, and any relevant details you can recall. These detailed notes may prove valuable if you need to resort to legal action.

Be Aware of Time

A used car must have an active warranty to be eligible for protection under California used car lemon laws. It is essential to note that used car warranties are typically shorter than new cars.

Most used car warranties have specific coverage durations (e.g., 30 days) or mileage limits (e.g., 1,000 miles), whichever comes first. To ensure your eligibility for warranty protection, it is crucial to report any issues with your vehicle to the manufacturer or retailer before the warranty period expires. Keep a close eye on the odometer reading and the number of days since the purchase.

Furthermore, if you plan to file a claim in court under the California lemon law for used cars, it must be done within four years of discovering the car’s defect. Time tends to pass quickly, so seeking help from an experienced lemon law attorney is advisable before too much time has elapsed.

Can Repurchased Lemon Law Cars Be Resold?

So, can repurchased lemon law cars be resold? Yes, lemon law cars that the manufacturer has repurchased can be resold. Once the manufacturer repurchases the vehicle, they must title it as a “lemon law buyback” on its title and history report.

You need to research and fully understand the vehicle’s history before purchasing a used car, especially one repurchased under the lemon law. You can check the vehicle’s title and history report to see if it has been designated as a lemon law buyback. You should also have the vehicle inspected by a trusted mechanic to ensure it is in good condition.

Contact a California Lemon Law Attorney Today

Navigating California’s lemon buyback law can be overwhelming and confusing, but you do not have to do it alone. Neale & Fhima Lemon Law buyback attorneys have extensive experience handling lemon law claims.

Having an attorney by your side significantly increases your chances of a successful claim. The best part is you do not have to worry about paying legal fees when working with our California lemon law buyback attorneys. You have nothing to lose. Our skilled attorneys at Neale & Fhima specialize in these cases and provide a free consultation to evaluate the strength of your case.

 FAQs

How Many Times Do I Need to Repair My Vehicle Before It Is Considered a Lemon?

Under California lemon law, a vehicle may be regarded as a “lemon” if it has a defect that is not fixed after a “reasonable” number of repair attempts. The law does not specify a specific number of attempts, other than at least two repair visits for an issue that is likely to cause great bodily harm or death.

How Long Do I Have to File a Lawsuit Under the California Lemon Law?

You have four years from the date you discovered the vehicle’s defect, or from the date you should have realized the vehicle was a “lemon,” to file a lawsuit under the lemon Law. It is advisable to consult with a lemon law attorney as soon as possible to understand the specific deadlines and requirements that apply to your case.

Are All Lemon Law Buyback Vehicles Defective?

Not all lemon law buyback vehicles were inherently defective. While many of them did experience defects at some point, there are other reasons why a vehicle may be a “lemon.”