Many car owners wonder if their used cars are covered under the lemon law. Generally, the lemon law does cover used cars if they meet the following conditions:
- the used car experiences a defect that could not be fixed after a “reasonable” number of repair attempts
- the used car is still under warranty when it experienced the defect
The particulars of the used car lemon law vary across different states, but all cars are covered under the federal lemon law.
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Used car dealers often target the most vulnerable part of the population, people with the lowest credit scores and incomes. Those who can’t afford a new car often look for a used one, in order to get a good bargain on the price. When buying used cars, there’s a risk of fraud and mechanical issues, and your car may turn out to be a lemon.
If you are unsure if you have a lemon, contacting a lawyer and discussing your situation can help you figure out what to do next.
When does Lemon Law for Used Cars Apply?
Lemon laws for vehicles apply to both new and used vehicles. Under the Magnuson Moss Warranty Act, the used car lemon law is applicable to vehicles that come with a written express warranty. However, the state and federal lemon laws for used cars are different.
In general, the lemon law is a federal consumer protection law; which means it’s valid in all 50 states. The new car lemon law protection works similarly in most states, but the particulars may be different in various states. On the other hand, new car lemon laws vary state by state, and may also provide good options for consumers, but not all states have their own lemon laws.
Choosing between Different lemon laws
The federal lemon law, also known as the Magnuson-Moss Warranty Act, takes effect when your vehicles don’t qualify for refund/reimbursement under the state lemon law.
The federal and state lemon laws are different in several ways depending on:
- Used vehicles may not be covered under state laws
- Types of vehicles that qualify may be limited under state laws
- Definition of lemon under state laws may be limited
- Damages under state laws may be limited
- Disclosure of the arbitration clause in the contract is subject to state laws
- Leased cars protection and used car lemon mileage may be limited under state laws
The case of each vehicle is different as it is sold with or without a warranty. Therefore, each lemon law case is unique and must be handled accordingly.
When does the Lemon Law Apply in California?
A lemon vehicle is not necessarily out-of-service. It may a vehicle with a defect that comes up from time to time even after a reasonable number of repair attempts.
In California, the lemon law applies if any one (or more) of the following occurs while the original MFR’s written warranty is in effect:
- Two- Four repair attempts (or more) have been made to fix the same issue with the vehicle.
- One- Two repair attempts (or more) have been made to fix an issue that can cause serious injury or death.
- The dealership has kept the vehicle for over 30 days [does not need to be consecutive] (see article: Is There a 30-Day Warranty on Used Cars?).
If any one of the conditions is met, then your car may qualify as a lemon, and you may be entitled to a refund or replacement. Even if the warranty period is over, then you can still make a claim if the problems started within the warranty period, up to 4 years after the MFR’s written warranty expired.
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How are California Lemon Laws different than the Federal Lemon Laws?
The federal lemon law, also known as the Magnuson Moss Warranty Act protects consumers who have purchased any goods with a cost of $25 or more provided that they come with an express warranty. Unlike the California lemon law, the Magnuson Moss law covers goods purchased in any state of the US and applies to all goods purchased for personal use even if the consumer is a business.
The federal lemon law covers both a new and a used car and the car is considered a lemon when it has undergone a reasonable number of repair attempts. The damages paid to the owner of the lemon vehicle are the difference between what the consumer paid for the vehicle, and what they would’ve paid had they known about the defect at the time of purchase.
California lemon law is a state consumer protection law that applies to consumers who purchased or leased a vehicle with an express manufacturer warranty. The state of California has strong consumer protection laws, & California lemon law applies to new and used vehicles that are purchased or leased within California and have an express warranty from the manufacturer at the time of sale. If a new or used vehicle qualifies as a lemon in California, the consumer is entitled to a refund, replacement, or reimbursement for the damages under the application of lemon laws.
California used car lemon laws also apply to implied warranty claims; when a vehicle is defective at the time of the sale and repairs were attempted while the manufacturer’s warranty was still in effect. State consumer protection laws in California for implied warranty claims can be brought up to 4 years after the manufacturer’s warranty was in effect if repairs were made while the vehicle was covered.
Lemon claims made by the previous owner of a used car may be applicable, but can be difficult to prove. The search for the perfect car can result in a serious case when the dealer lies about the condition. A successful lemon claim can result in a full refund for a vehicle under a lease or sale that is covered by a manufacturer warranty. The mileage and service history are important factors in California, as they may affect the value and merit of the claim.
Learn more about what the lemon law is in California.
Should I Try to Return My Car to the Dealer if it is a Lemon?
Driving a lemon car can be dangerous, especially if it has major defects that can result comprise the safety of yourself and your loved ones. If you own a lemon vehicle, then it’s better to exercise your rights and return or replace the vehicle. Lemon law attorneys at Consumer Action Law Group can evaluate your case for free and advise whether you should return your vehicle.
Is a Used Car Sold with the Manufacturer’s Warranty in California covered under the lemon law?
A defective used car qualifies for the lemon law in California if it’s sold with a manufacturer’s warranty that is in effect at the time of the first repair. There are various types of warranties that come with a car, and lemon laws also may apply to certified pre-owned vehicles. Lemon laws may not apply to vehicles outside of the manufacturer’s warranty, even if an extended service contract is in place.
A used car under 2-3 years old is usually sold with the original manufacturer’s warranty, but high mileage may nullify the warranty. A bumper-to-bumper warranty covers most of the vehicle’s components such as the engine, transmission, brakes, etc., but the type of warranty depends on the contract and date of sale/mileage.
California’s emissions component warranty is another warranty provided by the state for 7 years or 7,000 miles (Whichever comes first). This warranty is an extension of the federal emissions warranty of 8 years or 8,000 miles.
Limited Dealer Warranties and the lemon law
Some dealers offer limited warranties, such as a 30-day/1000-mile warranty for older, high-mileage cars. Most buy-here-pay-here car dealerships deal mainly in cars that are no longer covered under the MFR warranty. As of 2013, buy-here-pay-here dealerships are required to provide a 30-day/1000-mile warranty under CA law.
If a used car is sold without a limited warranty by a buy-here-pay-here dealer, then it may qualify for a claim under CA law. If the car turns out to be a used lemon, you’re entitled to get a refund or reimbursement.
Used Cars Sold “As Is” without a limited 30/1000 Warranty
Used vehicles are often sold for a marked-down price without a warranty. It means that the car is sold “as-is” and the buyer will be responsible for the cost of repairs. Sometimes, serious issues with the car arise that outweigh the original cost of the car, and the dealership will not take responsibility.
For a car to qualify for as-is sale, it must meet certain strict requirements:
- As-is disclaimer must be disclosed on the vehicles’ buyer’s guide.
- The buyer’s guide must be clear and displayed on the vehicle itself.
- The document must clearly state that the vehicle is sold as-is and the quality and performance of the vehicle is solely the buyer’s responsibility.
- It must elaborate that for any number of defects, the buyer is responsible for the cost of repairs.
If the dealership doesn’t meet all of the above requirements, then the as-is terms are not valid and you may have a valid claim against the dealer.
What Should I Do If I have a Used Lemon Car?
The first thing you should do if you have a lemon car is to contact a lemon law attorney. Lemon law for new vehicles is manageable, but for used cars, it’s very complicated. Our experienced lemon law attorneys deal with vehicle cases every day and help people assert their rights.
Before calling our lawyer, make sure that your documents are in order and that the paper trail is transparent. Here are a few things that you should have at hand so that the attorney can evaluate your case without delay.
- Service records
- Warranty (if any) and relevant documents (sales contract + buyer’s guide)
- Communication records between you and the dealership (emails + text messages)
It’s important to discuss all aspects of the case with the attorney to maximize your chances of recovery.
What Do I Get If My Used Car Qualifies for The Car Lemon Laws?
If your used car qualifies for the lemon law, you’re entitled to one of the following:
- Refund
- Replacement vehicle
- Reimbursement (for repair bills and other reasonable costs)
A car lemon law case can take 90 days or longer to settle. The time period varies with multiple factors.
How can a Lemon Law Attorney Help?
If you decide to pursue a lemon law claim, then hiring an attorney is the best choice. A lawyer understands the details and can make the best out of a bad situation.
The lemon law attorneys at Consumer Action Law Group can help you with the following:
- Evaluate your case for Free
- Answer any questions regarding the used car lemon laws
- Make recommendations about the case
What to Do with Lemon Car Sold As-is?
When a person buys a car as-is, and it turns out to be a lemon, he/she often loses all hope. Most cases are not as hopeless as one may assume. The law is difficult and even if you think there’s no chance, there may be something the lawyer can do.
Consumers who purchased used cars as-is from the dealers may have a viable claim in cases when the vehicle had a severe defect at the time of sale. Having bought a car as-is shouldn’t discourage you from contacting a lemon law attorney. The lemon law attorneys at Consumer Action Law Group can evaluate your case for free and give further advice.
What Happens if My Car Dealer Lied About My Used Car?
In used car sales, car dealers often mislead customers or lie about the condition to sell a car with defects. A vehicle purchase is difficult enough without having to verify various details about your car such as verifying the accuracy of the carfax or having a mechanic do a multi-point inspection for defects. If the dealer lied to you, then call our attorney to see if you have a case.
At Consumer Action Law Group, our attorney starts by pulling the VIN history such as the AutoCheck or Carfax report of the lemon car, to research the history of your car. If your car has been in an accident, used as a rental, or sold under false pretenses, then you may have an additional claim against the dealership. You may also have a claim for safety defects and recall issues that you don’t even know about.
Does California have a used car lemon law?
California has a used car lemon law that says you can return a used car if it has problems that affect the safety or value, but it depends on a few key factors such as the number of documented repair attempts while under warranty and the nature of the defect. In general, you can get a refund for a used car that is still covered under the original manufacturer's warranty when the defect arose. In other words, a used lemon can be returned.
Can you return a used car if it has problems in California?
California has a used car lemon law that says you can return a used car if it has problems that affect the safety or value, but it depends on a few key factors such as the number of documented repair attempts while under warranty and the nature of the defect. In general, you can get a refund for a used car that is still covered under the original manufacturer's warranty when the defect arose. In other words, a used lemon can be returned.
What qualifies as a lemon car in California?
A lemon in California is any vehicle that has a defect that occurs while the original manufacturer's warranty is in effect. As long as the owner can show that the vehicle is dangerous to drive or has not been fixed after 2 or more documented attempts to repair, the vehicle qualifies as a lemon in California. It may also be a lemon in CA if the vehicle has been in the shop for more than 30 days (added altogether) for repairs.
What does lemon mean on Carfax?
If you see the word "lemon" on a Carfax, it means the car was returned to the manufacturer as a defective vehicle. So you may be buying a lemon. If you already bought a car that shows up on a Carfax as a lemon, you might have been tricked into buying a defective vehicle, unless the dealer explained that the vehicle had a prior defect that was repaired. Once a car is branded as a lemon and returned to the manufacturer, it should be reported to Carfax to ut any future buyers on notice of the defect.
How long is a warranty when you buy a used car?
When you buy a used car, you may still have coverage left over from the original Manufacturer's warranty or you may be able to buy an extended warranty from the dealership. There is a form called a "Buyer's Guide" that has big boxes to show you whether you are buying a vehicle "AS IS" or "WITH WARRANTY". Make sure you ask for a copy of the Buyer's Guide to know for sure if your used car has a warranty.
How long is the lemon law in California?
In California, the owner of the vehicle has up to 4 years to file a lemon claim from the time the problems occur.
What does a 30-day warranty cover on a used car?
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 California.
What qualifies a car to be a lemon?
Generally, defective cars are considered lemons when the problem comes up while the original manufacturer's warranty is in effect. Most states require proof of reasonable efforts to fix the car. Some states have strict time limits to file a lemon claim. In California, the owner of the vehicle has up to 4 years to file a lemon claim from the time the problems occur.
Which car company has the most lemon cars?
The car company that has the most lemon lawsuits based on filings in our office is GM, followed by Chrysler (FCA), Mercedez Benz, Ford, Hyundai, and Kia.
Contact A Lemon Law Attorney for Free!
Even if your used car doesn’t qualify for the lemon law, we encourage consumers to contact a lemon law attorney to see if a claim can be made for defects and chronic problems. The law works in complicated ways. If you have any questions regarding used car lemon law, our experienced vehicle attorney can answer them for you.
Talking to our experienced attorney doesn’t cost anything, and we recommend that anybody who thinks they have a lemon always consult with our lawyer for a free consultation before giving up hope.
Lemon law attorneys at Consumer Action Law Group give free consultations and are only one call away. You can contact them to get your case evaluated for free and make the best out of a bad car deal!