The act of buying a new or used car can be very stressful for people. We all dread going through this process because we know there is risk involved with investing our money in one product.
But if you find yourself wondering whether or not your car is a lemon, then the following information should help.
What Is Lemon Law For Used Cars
For your car to be considered a lemon, your car must have an irreparable and serious problem that affects its usability or safety. For example, a car with broken AC or rearview mirror wouldn’t qualify as a “lemon.” A lemon car would instead have severe transmission issues or something similar.
What You Can Do If You Have A Lemon Car
The odds of getting a lemon car is 1 in 100. Lemon laws vary from state to state, but in most cases, if you purchase a lemon car and it meets certain criteria, your rights as well as those of the manufacturer are protected by law.
Refund Or Replacement
If you’ve tried to repair your car and it still isn’t working, the manufacturer may be able to provide compensation under state lemon law regulations. This can take one of two forms: cash payment or replacement vehicle (with similar value).
You’ll need proof that attempted repairs were made before contacting them so make sure this information is included in all correspondence.
The manufacturer can also repurchase your lemon car from you. They will refund you the money that was spent on it, not including any use-value before when the car wasn’t manifesting any issues.
Contact An Attorney
Contacting a lemon law attorney is the best course of action if you have filed for and received support from your car’s manufacturer under “lemon laws” which apply to new vehicles, and even used cars. Note: If you’re wondering “does lemon law apply to private sales” this is a great question to ask during your free consultation with a lemon law attorney. In fact, contacting the best lemon law attorneys in California would be a good next step.
However, this type of warranty replacement can be difficult with used cars because a lot of paperwork can be involved, so make sure that any correspondence between you and the dealer or manufacturer includes clear details about the purchases and repairs.
Different Lemon Laws
Lemon laws were created to protect consumers from purchasing faulty products. These regulations don’t just apply to cars, but other items can also fall under the guidelines of a lemon lawsuit. The Lemon Law was designed as an option for people who have had bad luck buying quality goods that break easily or perform poorly after purchase.
The Magnuson-Moss Warranty Act, which is the federal lemon law, takes effect when your vehicles don’t qualify for refund/reimbursement under the state’s qualifying laws.
Federal Lemon Law Requirements
If any of these descriptions fit what you’ve been experiencing with your, then you may just have a lemon on your hands.
- The car’s manufacturer has been trying to fix the same issue “a reasonable number of times,” but with no success. This can be three or four, depending on how many different problems you’ve had that make your vehicle unusable for driving around town properly and safely.
- Repairs attempts on your car must have happened within the first one or two years of owning it.
- The repairs that have been done on your car made it unusable for at least 30 days. The 30-day period doesn’t need to be consecutive.
The Lemon Law In California
The term lemon vehicle is often used to refer to any car with a high rate of repairs. However, this definition isn’t always accurate because it can be applied whether or not there are defects in the product that come up after reasonable attempts at fixing them.
Under California law, if any one (or more) of the following occurs while your MFR’s written warranty is in effect then you may be entitled to relief:
- One – Two repair attempts (or more) have been made to fix an issue that can cause serious injury or death.
- Two – Four repair attempts (or more) have been made to fix the same issue with the vehicle.
- The dealership has kept the vehicle for over 30 days [does not need to be consecutive].
If you have been experiencing any one of the following conditions, it is possible that your car may be considered a lemon and thusly entitled to reimbursement for repairs. This includes instances where the warranty has expired as well.
You can still make use of it up until 4 years after your MFR’s written warranty has expired, which could be quite beneficial if you have decided not to claim under the original terms and conditions anymore because there are certain repair costs that might come with doing so.
Now that you know how to tell if your car is a lemon, we hope that you have a much better understanding of your car’s status.