Lemon Law Protection For ‘Used’ Vehicles In California
California’s lemon law is a powerful consumer protection statute that safeguards buyers from purchasing vehicles with substantial defects. However, the applicability of the lemon law to “used” vehicles has been a subject of debate and legal scrutiny. The Auto Law Firm, PC, legal team aims to clarify the current state of lemon law protection for used vehicles in California and explore alternative options for consumers.
Recent Legal Developments
The landscape of lemon law protection for used vehicles has been shaped by these recent court decisions:
- Rodriguez v. FCA US, LLC (2022): This case held that the lemon law does not apply to “used” vehicles in claims against the manufacturer. However, it’s important to note that this decision is currently under review by the California Supreme Court, with a final decision expected in 2024.
- Kiluk v. Mercedes-Benz USA, LLC (2019): This case established that “used” vehicles purchased as “certified pre-owned” are not excluded from lemon law protection.
These rulings have significant implications for consumers purchasing used vehicles in California.
Holding Sellers Responsible: Filing Claims Against Dealerships
While the lemon law may not support claims against manufacturers for “used” vehicles, it doesn’t mean that used vehicle buyers are entirely without protection. If a used vehicle was sold with a warranty, the buyer may be able to bring lemon law claims against the selling dealership. This alternative avenue can provide recourse for consumers who have purchased defective used vehicles.
Exposing Deception Through Auto Fraud Claims For Used Car Buyers
Even in cases where the lemon law doesn’t apply, buyers of used vehicles may still have legal options through auto fraud claims. These claims can be pursued when a seller has made misrepresentations about the vehicle at the time of sale or failed to disclose certain facts.
Common examples of auto fraud include:
- Misrepresenting the accident or damage history
- Misrepresenting the mechanical condition
- Failing to disclose rental history or title brands (junk, salvage, total loss, odometer rollback)
- Selling the vehicle for more than the advertised price
- Failing to register, title and/or smog a vehicle
Consumers who suspect they may have been victims of auto fraud should consider consulting with an experienced attorney to explore their legal options.
California’s Lemon Law: How Does It Work?
California’s lemon law provides protection for consumers who purchase or lease defective vehicles. The law typically applies to new vehicles, but can also cover used vehicles in certain circumstances, particularly those sold with warranties. Key points of the law include:
- The vehicle must have a substantial defect covered by warranty.
- The defect must occur within a specified period or number of miles.
- The manufacturer must be given a reasonable number of attempts to repair the defect.
For more detailed information on lemon law claims, visit the Lemon Law Claims page.
Leveling The Playing Field With The Power Of Legal Advocacy
The complexities of lemon law and auto fraud claims can be challenging for consumers to navigate on their own. Legal advocacy can significantly level the playing field, providing consumers with:
- In-depth knowledge of relevant laws and regulations
- Experience in negotiating with dealerships and manufacturers
- Resources to thoroughly investigate and document cases
- Skills in presenting compelling arguments in court if necessary
An experienced attorney can help evaluate your case, explain your rights, and guide you through the legal process, increasing your chances of a favorable outcome.
Protect Your Consumer Rights From Unfair Dealership Practices
Don’t let a defective used vehicle or fraudulent sale impact your life and finances. If you’re in San Diego, Los Angeles, or anywhere else in California and believe you have a lemon law or auto fraud case, consider reaching out to a qualified attorney. The legal team at Auto Law Firm, PC, is ready to discuss your case and help you assert your rights as a consumer. Call the firm at (619) 878-7037 or fill out an online contact form to schedule a consultation.