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California
Lemon Law - Used Car Lemon Law
Can
a vehicle purchased or leased as “used” be considered a
“lemon” under the California Lemon Law?
The answer is “yes”, if it meets certain specific criteria:
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The
vehicle is covered by the balance of the manufacturer’s
new vehicle limited warranty.
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The
vehicle was sold with a manufacturer’s “certified”
used vehicle limited warranty.
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The
vehicle was sold with a limited warranty provided by the
selling dealer, as described on the “BUYERS GUIDE”
disclosure label.
When
a vehicle has had an unreasonable number of repair attempts
within the limits of the manufacturer’s warranty period for a
repeated defect of a substantial nature, the vehicle may be a
“lemon law” candidate. The California lemon law may be
applicable for repurchase relief.
If the vehicle has had an unreasonable number of repair attempts
within the limits of the dealer-provided limited warranty for a
repeated defect of a substantial nature, the dealer can be
pursued for legal remedy. NOTE: Our law firm does not pursue
“independent” used car dealerships (meaning those
dealerships that are not franchised to sell new cars).
It should be noted that for vehicles covered by a
dealer-provided limited warranty, the vehicle must be presented
to the selling dealership for warranty repairs, unless the
dealership otherwise instructs as part of their warranty
information materials.
All
vehicle covered by a “new vehicle limited warranty” or
“CPO” (Certified Pre-Owned), must be serviced according to
the schedule set forth in the owners or maintenance guide that
is provided with the vehicle. If you do not have such a
document, request it from your franchised dealer.
Do
you live in a state other than California?
www.AutoLemonLawsUSA.com
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