Tag Archives: used car lemon law

The Lemon Law and Used Vehicles
A Major Law Change

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One of the most critical legal elements under the California lemon law is that a vehicle must be a “new motor vehicle” to qualify under the law. Since its inception decades ago, the California lemon law has enjoyed a very broad definition of the term, “new motor vehicle” which included new vehicles, but also included used vehicles which had some of the factory warranty left remaining on the used vehicle at the time of purchase. For example, if you purchased a used vehicle from a dealership with 25,000 miles on the odometer, and the vehicle had a 36,000 mile warranty when sold as new, the vehicle would still qualify under the lemon law despite being a used vehicle.

Sadly, however, the new recent case law sent a punch to consumers who have bought used vehicles. In Rodriguez v. Us, the California Court of Appeals determined that a used vehicle with some of the factory warranty remaining is not to be considered a “new motor vehicle” and is therefore not protected by the lemon law. (There are some exceptions to this such as the vehicle was a certified pre-owned vehicle, and dealership demos.) Rodriguez basically wipes out access to the lemon law for about 30% of all consumers.

The full effect of this new law is still unfolding and the full impact yet unknown. Rodriguez may also be appealed before California’s Supreme Court. However, in the meantime, we do know that the Rodriguez case has sent a shock wave in the California lemon law legal world, and significantly impacts consumers who have purchased used vehicles.

Used 2015 Chevrolet Camaro Lemon Law Buyback

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Our client purchased a used 2015 Chevrolet Camaro.

Her first visit to the Chevrolet dealership was on May 30, 2017. She was having problems with the seat squeaking when she would go over bumps or was hitting the brakes.

The next visit was about 5 weeks later when they serviced the A/C.

On April 25, 2019 she brought the Camaro in due to the fact that the transmission fluid was leaking.

She was in again 2 weeks later because the A/C was not working again and there was a leak coming from underneath the vehicle. They serviced the A/C again.

She was back the next day because their was a leak between the transmission and engine area and the A/C was not working again.

Our client was frustrated with the Chevrolet dealership not being able to fix the problems. It is at this point that she called lemon law attorney, Barry L. Edzant to find our if her vehicle might be a lemon. She sent our office some documents for Barry to review and he felt her vehicle met the criteria of the California Lemon Law. She immediately signed up with our firm.

We successfully won a full repurchase for our client for her defective vehicle. The manufacturer reimbursed our client for her down payment, all payments made so far, her registration, paid off the loan less a mileage deduction allowed under the California Lemon Law. GMC also paid for the attorney fees. The client was very happy with the results.

If you think you may be driving a lemon, please contact the Law Office of Barry L. Edzant at 888-395-3666 for a free consultation and review.

Does The Lemon Law Apply To Used Cars?

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Lemon laws are American state laws that provide help for purchasers of cars and other consumer goods who have bought products that repeatedly fail to meet the standards of quality and performance.

Each state imposes different requirements for their lemon laws, but a basic condition common to almost all jurisdictions is that in order for the lemon law to apply, the automobile or product must have been purchased with a warranty. Products purchased “as is” are typically not covered by state or federal lemon laws.

The California lemon law applies to all new and used vehicles, whether purchased or leased, for personal and most small business use. Learn more about the California Lemon Law Requirements

New California Lemon Law For Used Car Buyers

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A new California lemon law bill, signed into law September 28, will give used car buyers more protection than ever before. The law, effective starting July 2012, will require all used and new car dealers to check the vehicle identification number (VIM) against a federal database. This database will have a more comprehensive list than existing commercial services because than law will require all states, insurance companies, salvage yards and junkyards to provide information on vehicles written off in a flood, fire or accident. The system is used by state motor vehicle departments and police, and is open to the public for a small fee.

Buying A Used Car – The California Lemon Law

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California has one of the best new car lemon laws in the country. For someone who can’t or does not want to buy a vehicle brand new, what lemon law rights are there on used cars? Fortunately, there are used car lemon laws to protect the consumer, and thanks to the large automobile industry, it is one of the most utilized legal tools in the United States.

When purchasing a used vehicle, it is best to avoid buying a lemon in the first place. Doing a bit of research beforehand and getting the vehicle surveyed before purchase is a good start. But a lemon car may not always be that obvious. Often, problems start to arise weeks after the purchaser has brought it home. If you have bought a used vehicle that you think could be a lemon, there are a few steps you can take to get rid of it.

To qualify in California for used car lemon law protection, the vehicle must have been purchased or leased in California for personal, family or business use. Vehicles purchased through a private transaction or from a car lot “as is”, usually will not have lemon law coverage. Under the Magnuson Moss Warranty Act and the Uniform Commercial Code consumers can be protected if the vehicle was bought under false representation. False representation can be:

  • Prior history of mechanical problems known to the seller (‘laundered lemon’)
  • A previously salvaged or wrecked vehicle
  • A fraudulently rolled back odometer
  • A vehicle that was a rental car, police car or taxi
  • A stolen, stripped and rebuilt vehicle
  • A vehicle involved in a flood

By California’s Warranty Act, the first time a lemon buyback is resold at the retail level, it must have one-year factory warranty to cover defects and cannot legally be sold “as is.” The law requires that the car be marked as a “lemon law buyback” and must have a “lemon” sticker on the door jamb. When lemon buybacks are illegally sold, the buyer still has rights under the Lemon Law.

The Warranty Act also applies to used vehicles that are still under a manufacturer’s new car warranty. When a used car covered by a new car warranty is sold, any remaining time left in the warranty protects the car’s new owner. The law covers “certified” used cars, lemon vehicles that are bought back by manufacturers or dealers and then resold and automobiles covered by extended service contracts.

Buying a used vehicle does not mean you will get a lemon, but if you do find yourself in this situation, seeking legal counsel from someone who specialized in the lemon law can be your best solution. A lemon law attorney is experienced in these situations and can help you get the compensation you deserve, fast and efficiently.