California Used Car Lemon Lawyer

California's Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, provides safeguarding measures for consumers who have purchased or leased a used vehicle that turns out to be defective. But, can a used car be a lemon? Many are under the misconception that the law only applies to new cars, but this isn't the case. It also applies to used cars, as long as they are still under a manufacturer's warranty. By incorporating used cars, the law grants more comprehensive rights to consumers, enabling them to claim compensation or replacement if their vehicle is found to be a "lemon".

California Lemon Law Requirements for Used Cars

To be considered a "lemon" under California's Lemon Law, a used car must meet the following criteria:

• The vehicle must have a substantial defect that is covered by the warranty and was discovered within a specified period after purchase.
• The defect must impair the use, value, or safety of the vehicle.
• The defect remains unresolved after a reasonable number of attempts at repair by the manufacturer or its authorized dealer. In California, the number of attempts is not specified but at least two attempts is minimum.
• If the vehicle has been out of service for more than a cumulative total of 30 days due to warranty repairs, it may also qualify as a lemon.

How to File a Used Car Lemon Law Claim

Filing a lemon law claim for a used car involves several crucial steps. Understanding these steps can help ensure a smooth process and increase the chances of a successful claim.

Document the Defects and Repairs: The first step in filing a claim is to meticulously document all the defects and repair attempts. Keep detailed records of:

• The dates when the car was taken in for repairs
• The nature of the defects
• The work performed during each repair visit
• Any communications with the dealership or manufacturer regarding the issue

Review the Warranty: Ensure the vehicle's warranty is still in effect. California lemon law covers used cars still under the manufacturer's warranty or a dealer-issued extended warranty. Review the warranty terms to understand what repairs and defects are covered.

Consult with a Lemon Law Attorney: Navigating lemon law claims can be complex. Consulting with our experienced California used car lemon lawyers can provide valuable guidance. We can assess your situation, determine if your vehicle qualifies as a lemon, and help you understand your legal rights.

Notify the Manufacturer: Before proceeding with a claim, notify the manufacturer of the vehicle's issues in writing. This notice gives the manufacturer a final opportunity to address the problem. Include detailed information about the defects, the number of repair attempts, and your intention to file a lemon law claim if the issue is not resolved.

File a Claim: If the manufacturer fails to fix the problem after being notified, the next step is to file a lemon law claim. This involves:

• Completing the necessary paperwork
• Providing supporting documentation
• Possibly participating in arbitration if required by the manufacturer

Prepare for Litigation: Litigation may be necessary if arbitration does not resolve the issue. We will file a lawsuit against the manufacturer, seeking remedies such as a refund, replacement vehicle, or compensation for repair costs, legal fees, and other related expenses.

Negotiate and Settle: Often, lemon law claims are settled out of court. Negotiations with the manufacturer may result in a fair settlement without requiring a lengthy trial. We will negotiate on your behalf to assure the best possible result.

Call (818) 960-1945 or contact us online today to get started with our used car lemon law attorney in California!