Connecting the Dots – Lemon Law, Used Cars and Warranties
April 29, 2019- Categories: Lemon Law
Did you buy a used car, truck or SUV in California that still has coverage under the original manufacturer’s warranty? You may still be covered under the California Used Car Lemon Law and the Federal Used Car Lemon Law.
The California Used Car Lemon Law offers you legal protection when you buy a used vehicle that still has the original manufacturer’s warranty. This powerful law can prevent you from being stuck with an unrepairable, lemon vehicle. Cars that are covered under the used car lemon law in California include:
- Used vehicles that are bought and utilized for family and personal use
- Used vehicles with a weight of less than 10,000 pounds that are mostly used for business uses, if five or fewer cars, trucks or SUVs are registered to the firm, may have different legal considerations. It’s important to consult a truck accident law firm for any potential liabilities
- Used vehicles sold that feature a written warranty
- Lemon vehicles that are rebought by the manufacturer, repaired and resold, and feature a manufacturer’s warranty.
Note that the used car lemon law in this state is applicable for the entire term of the original manufacturer’s warranty. It extends after that warranty if the vehicle was certified or has an extended warranty offered by the manufacturer.
The Duty to Repair Under the Used Car Lemon Law
The law offers the manufacturer and its dealers a ‘reasonable’ number of repair attempts to fix the problems with the used vehicle under warranty. If the vehicle cannot be repaired, then they will be required to repurchase the vehicle or compensate you with cash. A ‘reasonable’ number of repair attempts is generally viewed as follows:
- One or two repair attempts for a serious defect that affects safety, such as anti-lock brakes
- Two or more attempts at repair where a defect continues to happen and could lead to serious injury or death if you continue to drive the car. If faced with such a situation, it might be wise to consult a personal injury lawyer to understand your rights
- The same defect has been unsuccessfully repaired at least four times
- The vehicle has been in the dealer lot for repairs for 30 or more days since you bought it.
What To Do If You Think Your Used Car Is a Lemon
It is important to a future claim that you keep copies of repair orders that clearly show what the problem is with the vehicle and how many repair attempts have been made. Be sure that you have copies of everything from the dealership regarding repair attempts on the car. If you face persistent issues, consulting a car defect lawyer may be beneficial. Contact the manufacturer of the vehicle regarding the defects the used car has. Also, if your vehicle manufacturer has an arbitration program, you could turn in the warranty dispute to that arbitration program.
However, in these complex used lemon vehicle cases, your best step is to contact a California lemon law attorney. You will have a better understanding of your legal rights. Also, most manufacturers will fight a lemon law claim, and if you try to do it alone, you could wind up empty-handed. The used car lemon law attorneys at Neale & Fhima are experienced in these cases and can help you to obtain the compensation you deserve. Contact us today.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
