What happens if your car is determined to be a lemon?

In most cases, if your car is determined to be a lemon you will either receive a full refund for all payments and money down or the vehicle will be replaced with a similar year make and model.

What does it mean when someone sold you a lemon?

When someone sold you a lemon it means that the vehicle was defective and is not worth the price that you paid. The term lemon specifically means the vehicle had a defect that affected safety or value while the manufacturer's warranty was still in effect.

What is the CA Lemon Law?

The CA Lemon Law applies to any vehicle that had a defect while the manufacturer's warranty was still in effect. Under the CA Lemon Law a vehicle must be refunded or replaced after "reasonable" documented attempts to repair the vehicle.

How long is the Lemon Law in California?

The Lemon Law in California starts the clock from the date of the defect up to four years later. There may be exceptions to the rule so it's best to ask a lawyer.

How lemon law benefits car buyers?

The lemon law benefits car buyers by making sure they are not forced to keep driving a defective and potentially unsafe vehicle. The main lemon law benefits for car buyers are either a full refund or replacement of the vehicle, but public policy benefits include keeping defective and unsafe vehicles off the road.

Can you return a used car if it has problems?

You can return a used car if it has problems that come up while the vehicle is covered by the manufacturer's warranty; as long as it was still in effect while the defect occurred. There is some controversy about used cars and new cars qualifying as lemons, but our lawyers are up to date on the laws that affect used car buyers and we can advise you about whether you have a lemon claim or not.

What cars are considered lemons?

Depending on where you bought your vehicle, most defective cars are considered lemons when the vehicle had a defect that affected safety or value while the manufacturer's warranty was still in effect.

Why is it called lemon law?

It is called lemon law because the experience of buying a defective vehicle leaves a sour taste in your mouth. The term traces back to an expression from the 1950s describing a sour deal.

What does reported as lemon mean?

Reported as lemon means that a claim has been made to the manufacturer to label the vehicle as defective and to buy it back or replace it. This is what happens after a defect is documented and the vehicle is either unsafe or cannot be reasonably repaired.

How do I report a lemon car in California?

To report a lemon car in California it's important to get copies of repair records; even if the vehicle was not repaired or the problem could not be duplicated. A manufacturer will require proof that the vehicle is defective and unsafe or not able to be repaired. Once a reasonable number attempts are made without any success, a good lemon lawyer will file a claim against the manufacturer to brand the vehicle as a lemon and process a refund or replacement.

How long do you have to return a used car in California?

Depending on the problem that arises, you have limited time to return a used car in California if it is defective. Our lemon lawyers help used car buyers who buy defective vehicles that started having problems while the manufacturer's warranty was still in effect

What is a lemon law buyback in California?

A lemon law buyback in California is what happens when a lemon claim is filed and the manufacturer refunds all payments made for the vehicle. A buyback is a full refund of the down and monthly payments, plus any rentals and repairs, with a deduction for miles driven and add ons.

Is there a 30 day warranty on used cars in California?

There is a mandatory 30 day warranty [or 1000 miles, whichever comes first] on used cars in California sold at a "buy here pay here" dealership. A dealer must also provide a "buyer's guide" to clearly show whether a warranty is included in the purchase or if it is sold as is for any vehicle sold in CA.

What happens when a dealership can't fix your car?

When a dealership can't fix your car there are several factors to determine whether to unwnd the sale or get a replacement vehicle. The most important factor is warranty coverage, followed by number of documented repair attempts, and date of sale & miles driven. In most cases, for a new or fairly new vehicle, a vehicle that cannot be fixed is considered a lemon.

Does California lemon law apply to cars purchased out of state?

California lemon law usuallly does not apply to cars purchased out of state, however there are several exceptions such as online purchases and transported vehicles. We recommend talking to a lawyer to find out if California lemon law applies to a car you purchased out of state.

Dealership Sold Me a Bad Used Car: What Can I Do?

dealership sold me a bad used car what can i do

When you drive off the lot with a newly purchased car, the last thing you expect is for it to break down or show serious problems. Yet many consumers find themselves in this exact situation after a car dealer sells them a defective vehicle. If you’re wondering “a dealership sold me a bad car, what can I do?” – you have rights under California law to protect yourself and recover damages. The impact of purchasing a defective vehicle extends beyond just mechanical issues – it can affect your daily life, work commitments, and financial stability.

Understanding Your Rights When Car Dealers Sell Defective Vehicles

California law provides strong protections for consumers who purchase vehicles from dealerships. When a dealer sells you a car with significant defects, you have several legal options available. The specific laws that protect you depend on whether you bought a new or used car, and what kind of warranty came with your purchase.

understanding your rights when car dealers sell defective vehicles

Many consumers don’t realize that even used cars come with certain implied warranties under state law. These implied warranties mean the vehicle must be “merchantable” – in other words, it should work as any reasonable person would expect it to work. The dealer’s obligations don’t end at the point of sale. They must honor both written warranties and these implied warranties, ensuring the vehicle meets basic standards of quality and performance.

Dealerships also have a legal duty to disclose known defects and provide accurate information about the vehicle’s history. When they fail to meet these obligations, they can be held legally responsible for the damages their customers suffer. This includes not just the cost of repairs, but also related expenses and inconveniences caused by the defective vehicle.

Can a Used Car Be a Lemon? Understanding Your Protection

While many people think the lemon law only applies to new vehicles, California’s lemon law can actually protect used car buyers too. This protection is particularly important given the prevalence of used car sales in today’s market. For a used car to qualify as a lemon, it must meet certain criteria under state law.

To qualify for lemon law protection, your situation must meet these requirements:

The vehicle must still be under the manufacturer’s warranty when the problems begin
The defects must substantially impair the vehicle’s use, value, or safety
You must have given the dealership a reasonable opportunity to repair the issue

The law considers a “reasonable opportunity” for repairs to be:

At least two repair attempts for serious safety defects
At least four repair attempts for other substantial problems
OR the vehicle has been in the shop for repairs for 30 days or more total

Examples of qualifying defects include:

Transmission failures
Engine problems
Electrical system malfunctions
Safety-related issues like faulty brakes or airbags
Persistent check engine light issues that affect performance
Steering or suspension problems

The law recognizes that used cars may have some wear and imperfections, but this doesn’t mean dealers can sell vehicles with serious defects. Even with used car sales, dealers must meet certain standards of quality and truthfulness in their representations about the vehicle.

What Legal Options Do You Have Against Car Dealerships?

When a dealer knowingly sold you a defective vehicle, you have several potential legal claims available. Each type of claim has its own requirements and potential remedies, and in some cases, you may be able to pursue multiple claims simultaneously.

Lemon Law Claims

If your vehicle qualifies under California’s lemon law, you may be entitled to a refund or replacement vehicle. The manufacturer must also cover attorney fees if you win your case. This is particularly important because it means you can pursue your rights without worrying about legal costs. The law is designed to hold manufacturers accountable while protecting consumers’ financial interests.

Fraud Claims

If the dealership made misrepresentations about the vehicle’s condition or history, you may have a fraud claim. This can lead to both compensatory and punitive damages against the dealer. Fraud claims often arise when dealers conceal known defects, misrepresent accident history, or make false statements about the vehicle’s maintenance history or condition.

Warranty Claims

Violations of either written warranty or implied warranties can form the basis of a legal claim against both the dealer and manufacturer. These claims can help you recover the costs of repairs, diminished value of the vehicle, and other related damages. Warranty claims are particularly important because they can apply even in situations where lemon law might not.

Critical Steps to Take After Buying a Bad Car

If you suspect your recently purchased vehicle has serious defects, taking these steps can help protect your rights and strengthen your legal position.

list of documents that will help prove that the dealer sold you a bad used car

Document Everything

You’ll need to maintain detailed records including:

All repair orders and invoices
Communications with the dealership (emails, texts, letters)
Photos and videos showing the problems
Dates and duration of all repair attempts
Names of service advisors and mechanics who worked on your vehicle
Towing receipts and rental car expenses

Maintain Service Records

Following the manufacturer’s recommended service schedule remains important, even if you’re having problems. Keep records of:

Regular oil changes
Scheduled maintenance
Tire rotations and alignments
Fluid level checks and replacements
Any other recommended service items

Get Independent Inspections

getting independent inspections can prove that the dealer sold you a bad used car

Having an independent mechanic document the vehicle defects provides crucial evidence that problems exist and weren’t caused by your maintenance practices. These third-party evaluations can carry significant weight in legal proceedings. Choose a certified mechanic with experience in your vehicle’s make and model, and request detailed written reports of their findings.

How Vehicle Defects Impact Your Legal Claims

Not all vehicle problems qualify for legal action. Courts look at several factors when evaluating claims about defective vehicles, and understanding these factors can help you assess the strength of your case.

Severity of Defects

Minor issues like a squeaky brake or loose handle usually won’t support a claim. The defects need to significantly impact the vehicle’s safety, value, or usability. Courts consider how the defects affect the vehicle’s primary purpose and whether they pose any safety risks. Serious mechanical problems, safety issues, or repeated failures of major systems typically strengthen your case.

Timing of Problems

When the problems began matters greatly. Issues that appear immediately after purchase strengthen your case, while problems that develop much later may be harder to link to the sale. Document when each problem first occurred and any patterns in how the issues develop or worsen over time.

Repair Attempts

Courts expect you to give the dealer a reasonable chance to fix problems before pursuing legal action. Document every repair attempt and what was done. Keep track of how long repairs take, whether problems recur after repairs, and any new issues that develop during repair attempts.

Understanding Damages You Can Recover

compensation you are entitled to if the dealership sold you a bad car

When pursuing claims against car dealers who sold you a bad vehicle, you may be entitled to several types of compensation.

Direct Damages

Common direct damages include:

Full refund of the vehicle’s purchase price
Cost of all repairs attempted
Rental car expenses during repairs
Towing fees
Registration and licensing fees
Finance charges paid on your car loan

Consequential Damages

These additional damages may include:

Lost wages from missed work
Alternative transportation costs
Hotel stays if breakdown occurred while traveling
Missed business opportunities
Cost of mechanical inspections
Legal fees and court costs

Punitive Damages

In cases of fraud or egregious misconduct, courts may award punitive damages. Examples of conduct that might warrant punitive damages:

Knowingly selling vehicles with rolled-back odometers
Concealing major accident damage
Misrepresenting certified pre-owned status
Forging documentation
Deliberately hiding known serious defects

Get Help With Your Defective Vehicle Claim

Dealing with a bad car purchase can be incredibly frustrating and time-consuming. At Consumer Action Law Group, our attorneys specialize in helping consumers fight back against deceptive dealer practices and manufacturer defects. We understand the stress and disruption that a defective vehicle can cause in your life.

Our experienced lawyers work diligently to hold dealers accountable when they sell defective vehicles. We handle all aspects of your case, from gathering evidence to negotiating with dealers and manufacturers. Our goal is to get you the compensation you deserve while making the process as smooth as possible.

We offer free initial consultations to evaluate your case and explain your options. Our experienced lawyers can help you understand if your vehicle qualifies for legal action, what claims you may have, how much compensation you might recover, and how long the process might take. Every case is unique, and we provide personalized attention to ensure the best possible outcome for your situation.

Don’t continue struggling with a defective vehicle alone. Contact Consumer Action Law Group today at (818) 254-8413 to schedule your free consultation and learn how we can help you get justice. Our team is ready to fight for your rights and help you move forward from this challenging situation.

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