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The lemon law quiz above is not intended to be a substitute for legal advice. Each California lemon law case is unique. For that reason we recommend you call our California Lemon Law Offices right now at 888-395-3666 or fill out the case review form for a free detailed case review by a lemon law attorney.
Certified Pre-Owned Vehicles And The Lemon Law
An important case, for the first time puts manufacturers on the hook for sales of used vehicles with problems beginning outside of the original manufacturer's warranty, but still within the Certified Pre-Owned warranty. It has been unclear for years whether a manufacturer was required to buy back a used vehicle when the problems occurred after the original warranty expired. As long as the problems still occur during the CPO warranty, they're subject to the lemon law. Click Here to read more.
California Lemon Law Requirements
The most frequent question asked is, "Does my car qualify for recourse under the California lemon law?"
- The California lemon law provides a solution for California consumers who have repeated problems related to the use, value, or safety of their vehicle. It applies to all new and many used vehicles, whether purchased or leased, for personal and most small business use. The lemon law also applies to RVs, boats, motorcycles, motorhomes, trailers, 5th wheels, and campers.
- Used vehicles are covered if the vehicle was purchased while the manufacturer's original new car warranty was still in effect. So if you were to buy a used vehicle at a dealership, and some of the remaining original manufacturer's warranty was still left at the time of sale, the vehicle may qualify if the repairs were made under that remaining warranty.
- Vehicles must have been purchased in California, and from a licensed car dealership. If the vehicle was purchased from a private party, your vehicle cannot qualify for recourse under the lemon law. If you bought the vehicle in a state other than in CA, you may not bring a California lemon law case. There is a military exception to this rule. Please call us for details.
- A consumer must allow the manufacturer a reasonable number of repair attempts. A reasonable number is often interpreted as four or more repair attempts for the same or similar problem; or only two times if the problem is so severe that it is likely to cause serious bodily injury or death; or if the vehicle has been out of service, in the hands of an authorized dealer, for more than 30 days for any substantial problem. The thirty days do not have to run consecutively. If during the first 18 months or 18,000 miles of ownership the above criteria is met, your vehicle is presumed to be a lemon which often makes for a very strong case.
- The problem(s) with the vehicle must be considered a substantial impairment of the use, value, or safety of the vehicle. The substantial impairment qualification is of course subjective and subject to interpretation. Simple issues, while annoying, may not be enough to fulfill this requirement.
- The repairs made to the vehicle must be made while under the original manufacturer's warranty, not under an extended warranty. So if the vehicle is outside of the original warranty at the time of the first repair the vehicle will not qualify. If, however, the repairs start while under the original warranty, then continues under an extended warranty, it may still qualify.
- The repairs made to the vehicle must be made by a dealership authorized by the manufacturer to make repairs on your vehicle. Repairs made by your local mechanic will not count towards lemon law repairs.
These are not absolute requirements for our office to file a demand for repurchase on your behalf. Some situations do not meet these guidelines but may still entitle you to lemon law protection.
You should know also that you do not have to first go through arbitration to pursue a California Lemon Law claim. In fact, going through arbitration may be dangerous for your case.
We will be glad to provide you a free analysis to determine whether your vehicle qualifies for recourse. We begin with a phone call to our office, or filling out the contact form found on this website. We will promptly call you and you will always talk to a live person. If your case sounds like it may qualify under the lemon law, we'll ask you to provide us your vehicle's repair orders for review. If you qualify, most or all or your attorney's fees are paid by the manufacturer.
Call us today at 888-EX-LEMON or 888-395-3666
for a free consultation, or complete the short form at the top of this page.