The moment you buy a car, no matter if it’s a new one or an already-used one, you would wish it to run without any safety and reliability issues. But what would be the case when this very vehicle has a number of defects — spending its more time in the garage than on the road? California has the popularly known Lemon Law for used cars, which means that consumers have the right to seek legal recourse in case they have unknowingly bought a defective vehicle. A solid grasp of the law’s basics can be an asset in terms of taking the right measures if you have a “lemon” in your hands.
1. Defining the California Lemon Law
The California Lemon Law is legally part of the Song-Beverly Consumer Warranty Act. It provides specifically for the protection of buyers and lessees of vehicles which do not fit the standards of quality and performance. It covers new cars and also used ones if they come with a dealer’s warranty or a certified pre-owned (CPO) warranty. All this being said, the Lemon Law is more so applicable when a dealer or a manufacturer has provided any kind of warranty — even for a vehicle that is used.
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2. The Timeline: When Exactly Does the Lemon Law Apply to Used Cars?
Unfortunately, not every used car is protected by the Lemon Law because there is a certain criteria to follow. In order to qualify, the vehicle has to satisfy certain requirements:
- The car should be purchased or leased in California.
- The manufacturer’s original warranty or a dealer’s warranty must still be in effect when the defects become apparent.
- The defects should cause a major drawback to the car’s use, value or safety.
- The dealership or manufacturer should have made a reasonable number of attempts to repair the issue.
By “reasonable number”, it is generally understood at least two more repair attempts for a serious safety issue or four or more for a less severe defect. If the car is in the repair shop for more than 30 cumulative days, that may also be the case that it is a lemon according to California law.
3. What Classifies as a Defect?
Not every little problem will turn your used car to lemon. The defect has to be major—something that has a big impact on your ability to use the car safely or effectively. Here are some instances:
- Failure of engine or transmission
- Problems in braking or steering
- Malfunctioning of the electrical system
- Issues with the mechanism of the airbag or other safety features
Generally, those that are purely cosmetic issues, routine maintenance problems, or damage due to accidents or improper use do not qualify for this matter.
4. What Are Your Legal Options?
If your used car falls under Lemon Law for used cars in California, the state gives you multiple ways to get relief. The manufacturer or dealer might resort to do the following::
- Give you a vehicle of the same value as the defective one or
- Refund your purchase price along with taxes and registration fees and costs of repairs but deduct a small amount for mileage.
In most situations, the manufacturer might also be liable to pay your legal fees, thus removing the financial problem from consumers to pursue their claims.
Final Thoughts
The California Lemon Law for used cars protects the consumer from losing their money in case they get a defective car. It doesn’t matter if the car was new or used, if it keeps failing under the warranty, the consumer still has rights. Being informed and taking the right steps quickly might be the difference between continuous repair bills and a fair settlement.
If your “dream car” turns out to be a “lemon”, don’t forget California’s Lemon Law and skillful lawyers who are there to help you get your fair share of justice from the situation.
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