Can You File a Lemon Law Claim if You Bought a Used Car in California?

Nobody wants to buy a used car, truck, van, or SUV that turns out to be a lemon. Thankfully, California has strong consumer protection regulations, such as the California Used Car Lemon Law, to protect your investment.

This law provides crucial protections for anyone who buys under-warranty used cars in California. However, make sure that it’s original manufacturer or certified dealer warranty to become eligible for the claim. 

In this article, we will discuss the California Used Car Lemon Law, its application, consumer rights, and what to do if you have purchased a lemon.

Overview of California’s Used Car Lemon Law

The purpose of the California Used Car Lemon Law is to protect purchasers from the dread of owning a lemon. As long as they satisfy certain requirements, it spreads its protective cover over various used vehicles, including automobiles, trucks, vans, SUVs, and more. These standards guarantee that the original factory warranty protects the car from the manufacturer.

Vehicles Covered by the California Used Car Lemon Law

According to the Los Angeles lemon law attorneys at Young & Young APC, this law offers protection for the following types of vehicles:

  • Used Vehicles for Personal Use: The California Used Car Lemon Law covers any used vehicle primarily used for personal, family, or home reasons.
  • Used Company Vehicles: If a company owns no more than five California-registered vehicles, used automobiles used largely for business may also be protected.
  • Vehicles with a documented Warranty: The manufacturer of the vehicle must provide a written warranty included in the vehicle’s sale.
  • Repurchased and Resold Lemon Cars: A car is protected if a manufacturer previously bought it under the Lemon legislation and is subsequently resold to consumers with a manufacturer’s guarantee covering the flaws.

The car is eligible for a repair, refund, or replacement if the fault appears within the 2-3 years of warranty. But before giving financial coverage to the consumer, car dealers or manufacturers can make a reasonable number of repair attempts. 

Significant Safety Defects:

 For a considerable safety defect, such as brake failure, 1 to 2 repair attempts are made.

  1. Possibility of substantial Harm: A defect likely to result in death or significant physical harm has had two or more efforts to be repaired.
  2. Repeating Defect: A non-conformity or flaw attempted to be fixed four times or more without success.
  3. Total Days in Repair: The vehicle has been in for repairs for 30 days or more due to one or more flaws or irregularities.

Taking Action If You Think Your Used Car Is a Lemon

It’s critical to act if you think the used car you just bought might be a lemon. However, it will take time to get your case resolved in the court:

  1. Speak with a lemon law lawyer
  2. Keep Copies of Any Repair Orders
  3. Direct Manufacturer Notification

Conclusion

If a used vehicle covered by a manufacturer’s warranty is defective, you are entitled to certain rights and protections under the law. Remember, eligibility for a lemon law claim hinges on the presence of an original manufacturer or certified dealer warranty. If your vehicle meets this criterion and experiences a significant defect within the warranty period, you have rights to repairs, a refund, or a replacement. However, it’s important to note that car dealers or manufacturers are typically allowed a reasonable number of repair attempts before providing financial coverage to the consumer.