When you’re buying a car, there are a lot of things to think about. But what happens if you buy a lemon?
While the Lemon Law does protect consumers who purchase vehicles from dealerships, what about buying from a private seller?
In California, when a defective used automobile is sold from one private individual to another, the buyer has the right to demand his or her money back. Because private sale automobiles are offered “as is,” this is unlikely to happen.
Call our office to get your FREE Case Evaluation and Consultation!
(818) 254-8413
When it comes to purchasing a used car from a private party, the legal rights and options of the buyer are determined by the specifics of the transaction, but in general, when buying a secondhand vehicle from a private individual, buyers have very limited protections.
The lemon law in California does not apply to vehicles bought from a private seller. Before purchasing a used vehicle from a private party, you should have a mechanic certified by the state perform a complete examination of the car.
If the seller refuses to allow your mechanic to examine the car, look for another buyer and another vehicle to do business with. At a minimum, test drive the vehicle for at least 20 minutes with the windows down and the radio off. You can also research the reliability of the car and any recalls on Consumer Reports.
In most situations, private car sales are completed “as is” without any additional inspection.
When buying a vehicle from a private seller, the fact that they are sold “as is” might be a concern. There are no legal responsibilities linked to private sellers.
When dealers sell automobiles it is required by law that they provide all information in an understandable manner and the warranty label has to be visible; either the vehicle will have a warranty or it will be sold “as is”.
Dealerships may be held responsible for sales of lemon cars to buyers. But for a private party, it’s hard to know if a car is in good condition when you’re buying it. There’s no guarantee that the car’s problems will be known once it has been inspected, or that any problems will be obvious before you buy it.
Find out if you have a lemon law case. FREE Consultation and Case Evaluation!
(818) 254-8413
What if a used car has a manufacturer’s warranty?
Although used cars are often more affordable than new cars, they may not come with a warranty. However, if you buy a used car that is still covered by the original manufacturer’s warranty, you may be able to transfer the remainder of the warranty to your name. In some states, when a used car buyer is covered under the original manufacturer’s warranty they may be able to file a lemon claim for any defects that arise while it is still covered.
People often ask this question.
Are you covered by the California lemon law if you take a used vehicle into a dealership for a “reasonable” number of times and the manufacturer/dealer can’t or won’t fix it correctly?
Unfortunately, the answer is no for private party sales.
Only consumers who purchase warrantied automobiles from a dealer are eligible for the lemon law in California. In other words, even if the used vehicle was purchased before the manufacturer’s warranty expired, the lemon law does not apply to a used car acquired from a private party.
What does Lemon Law cover?
The lemon law covers new vehicles that come with a manufacturer’s warranty. If your new car has a serious defect that the dealer can’t fix after a reasonable number of attempts, you may be entitled to a refund or replacement vehicle.
To be eligible for the lemon law, the problem with your vehicle must substantially affect its use, value, or safety. The defect must also occur during the warranty period and must not be caused by abuse or neglect on your part.
If you think you have a lemon on your hands, the first step is to notify the manufacturer in writing and give them an opportunity to repair the problem.
If the manufacturer is unable to fix the issue after a reasonable number of attempts, you may be entitled to a refund or replacement car.
You should consult with an experienced lemon law attorney to discuss your legal options and determine the best course of action for your particular situation.
Unfortunately…
The lemon law in California does not apply to vehicles bought from a private seller. This means that if you buy a used car from a private party and it turns out to be a lemon, you will not be able to get a refund or replacement car under the lemon law.
However, you may still have some legal recourse against the seller if they misrepresented or concealed the defective condition of the car.
What are consumer protection laws?
Consumer protection laws are designed to protect consumers from unfair or deceptive business practices. These laws apply to a wide range of industries, especially the automotive industry.
If you believe that you have been the victim of unfair or deceptive business practices, you may be able to file a complaint with the California Attorney General’s office.
Some common types of consumer protection laws include:
- Truth in advertising laws
- Lemon laws
- Consumer product safety laws
- Warranties and service contracts
What makes a vehicle a lemon?
The lemon law in California covers new vehicles that come with a manufacturer’s warranty. If your new car has a serious defect that the dealer can’t fix after a reasonable number of attempts, you may be able to get a refund or replacement vehicle.
To be eligible for the lemon law, the problem with your vehicle must substantially affect its use, value, or safety. The defect must also occur during the warranty period and must not be caused by abuse or neglect on your part.
What are your rights in California under the lemon law?
The Lemon Law protects consumers in California. If you buy or lease a vehicle with a warranty, and the same problem can’t be fixed after several efforts to fix it, you have rights.
You must receive compensation for your losses either through buying back their car from them (if they are willing) OR getting a replacement model that suits both parties equally.
This information is vital since many people don’t know about these laws, and they continue to drive their vehicles without any knowledge that they might be entitled to a refund or replacement.
Should I ask for records on the car’s repair attempts?
If you think your car may be a lemon, it’s important to keep careful records of all repair attempts. This will help you establish that the problem has not been fixed after a reasonable number of attempts.
You should always keep copies of all correspondence with the manufacturer, dealer, or other warranty providers. This includes letters, emails, and any other written communication.
What if the manufacturer refuses to give me a refund or replacement car?
If the manufacturer refuses to give you a refund or replacement car, you may be able to file a lawsuit. An experienced lemon law attorney can help you navigate the legal process and fight for the compensation you deserve.
You may also be able to file a complaint with the California Attorney General’s office.
What are some common misconceptions about the lemon law?
One common misconception about the lemon law is that it only applies to new cars. However, the lemon law in California applies to both new and used vehicles sold by dealers.
Another common misconception is that the lemon law only covers mechanical problems.
However, the lemon law covers any problem that affects the value, safety, or use of the vehicle. This includes problems with the paint, upholstery, and other parts of the car.
What should I do if I think my car is a lemon?
If you think your car is a lemon, contact an experienced attorney. Make sure you have your contract handy so the lawyer can review it.
An experienced lemon law lawyer will discuss your legal options and determine the best course of action for your particular situation.
Learn about your legal option and next best steps for FREE!