- January 28, 2019
- Categories: Lemon Law
The experienced lemon law attorneys of Neale & Fhima see much confusion surrounding used cars and the California lemon law. We hope to clear up the confusion in this post.
The California lemon law relates to new purchased or leased vehicles with reliability problems whose original factory warranty is still in effect. But the law does apply to many used cars, too. If you have a used car and the original factory warranty is still in effect, you can apply for relief under the state lemon law.
For example, it is common for many new cars to have a three-year, 36,000-mile factory warranty. If you buy that vehicle used when it is two years old with 30,000 miles on it, you have one year and 6,000 miles left on the factory warranty. If you have a reliability problem that cannot be fixed after several repairs at the dealership, you may be able to use the lemon law to have the vehicle repurchased or replaced by the manufacturer. Neale & Fhima can help you with this process to ensure the lemon law does apply to your used car.
However, sometimes a dealership will sell a used car ‘as is.’ This means the used vehicle has no warranty. Does this mean the buyer has no rights under the law? Not necessarily.
If a dealership sells the car ‘as is,’ it must clearly display this fact. When you are looking at this ‘as is’ used car, there should be a notice on it that the vehicle is ‘as is’ and has no warranty. If this information is not clearly provided at the time of sale, then the sale was illegal. You could be eligible for coverage under the lemon law if you have a major reliability problem with the car.
Generally, you should remember that even if you buy an ‘as is’ vehicle that ends up being a lemon, you still have rights. It is not unusual for sellers to not follow California legal procedures when they sell ‘as is’ vehicles.
What To Do If You Think You Have a Lemon
Whether your car is new, used, ‘as is,’ etc., you should check to see what your rights are under the lemon law. First, keep track of all repairs that are made on your used car. Hold on to all sales receipts, repair records, and so forth. The more proof you have that your car has had an unreasonable number of repairs, the more likely you can win a lemon law case. Especially in the case of used cars, you also should talk to a California lemon law attorney to understand what your rights are. Most manufacturers will fight a used lemon law claim, so it is wise to seek legal help.
What To Do Next? Contact a Southern California Lemon Law Attorney
Lemon laws can be tricky, especially related to used vehicles. If you have problems with a used car and you think the California lemon law may apply to you, it is time to take action. Consult the lemon law attorneys at Neale & Fhima today for a no-cost case review. We will let you know whether or not you have a case. Call today.