Purchasing a used car can be a complicated and stressful process. As a buyer, you must consider not only the vehicle’s condition and history but also your rights should the car prove to be defective after purchase. For residents of California, understanding the state’s Lemon Law is essential in ensuring protection against faulty used vehicles.
What is the Lemon Law?
The California Lemon Law is designed to protect consumers who purchase or lease new or used vehicles that turn out to be defective, also known as “lemons.” Originally, this law mainly focused on new vehicles, but amendments have expanded protections to include used vehicles that are still under the original manufacturer’s warranty.
The Tanner Consumer Protection Act
The extension of the Lemon Law to used vehicles is primarily due to the Tanner Consumer Protection Act. It establishes the guidelines under which used vehicles that are still under warranty can qualify for lemon law protection. If your used car still falls within the manufacturer’s warranty period, you may be eligible for either a replacement or a refund should the vehicle be considered a lemon.
Qualifying as a Lemon
To deem a used car a lemon under California law, the following criteria typically must be met:
- The car must have a substantial defect covered by the warranty that occurred within a certain time/mileage limit.
- The defect must be unreasonable to resolve after a reasonable number of repair attempts.
- The vehicle must be out of service for repairs for a certain number of days.
Steps to Take If You Suspect You Have a Lemon
According to the Los Angeles lemon lawyers at Young & Young APC, you should take the following steps if you suspect your car is a lemon:
Document Everything
From the very first repair visit, keep detailed records. Note the date, mileage, description of the problem, and repair attempts. Obtain and preserve copies of all repair invoices and work orders.
Allow Reasonable Repair Attempts
Before invoking the Lemon Law, you typically must allow the manufacturer an opportunity to fix the issue. This generally means at least two attempts to repair a safety-related defect or a reasonable number of attempts for other substantial defects.
Potential Remedies
The Lemon Law provides for two main remedies if a used car qualifies as a lemon:
- Replacement: The manufacturer replaces your defective vehicle with a new one that is substantially identical.
- Refund: The purchase price is refunded, including the down payment, monthly payments, and any payoff of the loan balance.
The California Lemon Law is there to protect you if your dream of a trustworthy used car becomes a vexing reality. By understanding your rights and acting methodically, you can navigate through a Lemon Law claim and achieve a resolution that gets you back on the road with confidence. Remember that a knowledgeable attorney can be an invaluable asset in this process, steering you through the complexities of the law towards an outcome that rightfully compensates for your lemon of a vehicle.
