How Do Lemon Laws Apply to Used Cars?

Categories: Lemon Law

How do lemon laws apply to used cars?

While people commonly think that lemon laws cover only new vehicles, lemon laws can also apply to used cars. Before you purchase a used car in any state, become familiar with the used car lemon laws for that state.

How Do Lemon Laws Apply to Used Cars?

While federal lemon laws usually apply only to a new car purchase, there is a major exception to how lemon laws apply to used cars: If the car owner has an express written warranty with his used vehicle, then the lemon law at the federal level will probably cover the vehicle. An express written warranty may include what is left of the manufacturer’s warranty or a separate limited warranty provided by the dealer. It also could be an extended warranty or some used cars can be dealer certified, which will extend the existing vehicle warranty.

Some states also have provided answers in legislation for used lemons. These laws can provide a used car warranty on a statutory basis, which is often based upon the mileage or age of the vehicle. If the vehicle has any problems during the warranty period, the dealer has a shot at repairing them. If after three attempts the fixes are not successful, the dealer is required to replace the vehicle or give you a refund. You may need the help of a lemon law attorney to make this happen.

How to Seek Remedy Under Other State Laws

Some states also have consumer protection statutes that outlaw deceptive acts when used cars are sold. These regulations usually require that the auto dealer answer all of the buyer’s questions in an honest manner. If a consumer buys a vehicle due to false representation, he could have a valid legal claim against the dealership. Also, some states require the dealership to report pertinent facts about the used car, even if you do not ask. Such facts that must be disclosed are whether the car was ever rented, was wrecked and salvaged, or was a demo vehicle at a dealership. However, only some states mandate that a dealer that did not disclose these facts must give a replacement or refund for the used car.

It is clear that doing your homework prior to buying a used car is very important. Also note that if you buy a used car from a third party, you may have no lemon law protection at all.

Contact Neale & Fhima Today

If you think you have a used car lemon law claim in Southern California, make sure you reach out to Neale & Fhima. Our lemon law attorneys can quickly determine whether you have a legal case and can provide you the justice you deserve in your lemon law claim.