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What Happens When Your Used Car Is a Lemon?

On Behalf of | Oct 19, 2020 | Lemon Law, Lemon Law Vehicles

California Lemon Lawyer Explains Claims for Used Cars

Lemon laws are designed to help consumers who find themselves with a defective and irreparable product. If you buy a defective car covered by a manufacturer’s warranty, California lemon laws might have your back. Fortunately, this is true of both new and used cars.

If your used car meets all of the requirements of California’s used car lemon law, it is legally recognized as a lemon. When this happens, you may be entitled to compensation.

What Makes a Car a Lemon?

A car is considered a lemon when it meets certain criteria. First, it must be under an active warranty provided by the manufacturer. This may include the original warranty or an extended warranty.

The car must also exhibit a defect that affects either the car’s value, safety or your ability to use it. This defect must be a persistent problem. This means that the problem remains even after the manufacturer has attempted to repair it. Of course, the manufacturer must have made a reasonable number of attempts to do fix it. The exact number of attempts made in order to qualify as a reasonable amount will vary by case. When all of these qualifications are met, the car is a lemon.

When Is a Used Car a Lemon?

For a used car to qualify as a lemon, the above criteria must first be met. However, California used car lemon law outlines further requirements. To qualify as a lemon, a used car must also meet one or more of the following requirements:

  • It was bought and driven mainly for personal or family purposes.
  • It’s gross weight is less than 10,000 lbs., it is used mainly for business purposes, and the business it is registered to has no more than five vehicles in its name.
  • It was sold with a written warranty.
  • It was repurchased by the manufacturer and then sold again with a warranty that covers the relevant defect(s).

Can I File a Lemon Law Claim?

If you suspect that your used car is a lemon, you may have legal options. Unfortunately, California used car lemon laws are not as precise as new car lemon laws. This means that navigating California’s used car lemon laws can be a complicated process.

Additionally, determining your eligibility for filing a used car lemon law claim may be difficult. If your warranty is active, does it cover the relevant defect? How many attempts at repair must be made by the manufacturer to constitute a reasonable amount? What kinds of compensation should be pursued?

Contact Our California Lemon Lawyer

Contacting a lemon law lawyer to discuss your case is the best way to determine your options. Kostas Law Firm can help you determine your eligibility for filing a lemon law claim according to California used car lemon law. Our experienced attorney offers a free consultation and can be contacted either online or by phone at (661) 206-2629.