Can I File a Lemon Law Claim on a Used Car in California?

When you purchase a used car, you hope it will serve you reliably for years to come. But what happens when that car turns out to be a lemon? Many people find themselves in this frustrating situation, wondering if they have any legal recourse. The good news is that California’s lemon law provides very good protections for those who have leased or owned a new or used vehicle.

What Does California’s Lemon Law Say?

This consumer protection law was designed to safeguard buyers of defective vehicles. It requires manufacturers to replace, or repurchase vehicles that have substantial defects that impair their use, value, or safety which cannot be fixed after “a reasonable number of repair attempts.” The law extends its protection to certain used cars when they are purchased as “Certified Pre-owned” (CPO) vehicles. When purchasing or leasing a used vehicle, before signing the contract, ask the dealership to specifically show you a document that expressly states the vehicle you are about to receive is a “Certified Pre-owned” (CPO).

Eligibility for Used Car Lemon Law Claims

Not all used cars are eligible for lemon law protection in California. To potentially qualify, your vehicle must meet several criteria.

• Certified Pre-Owned (CPO) vehicles: If you leased or bought “Certified Pre-owned” (CPO), you may have a shot at a lemon law repurchase.
• Warranty coverage: The nonconformities and issues must have started while the vehicle’s warranty was valid.
• Substantial defect: The problem with your car must be substantial. Minor issues or normal wear and tear do not qualify. Ask your attorney to advise you whether the issues you are experiencing is considered substantial or not.
• Reasonable repair attempts: You must have given the manufacturer or its authorized dealership a “reasonable number of attempts” (plural) to fix the problem. This usually means at least two repair attempts. It does not matter if you presented the vehicle for repair and the dealership was unable to fix or find any issue.

Call (310) 525-5116 today and get a Free consultation from an attorney the same day!

What is the presumption of lemon?

To be a lemon, you have to prove that you have given the manufacturer or its authorized repair facility “a reasonable number of attempts” to fix your vehicle.

Under California Civil Code § 1793.22 (b):

It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs:

1. The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity.
2.  The same nonconformity has been subject to repair four or more times by the manufacturer, or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity.
3.  The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents…

If your vehicle does not exactly fit with the requirements above, you should not be discouraged. Most cases do not fall within the above statutory requirements, however, many of them still qualify for a lemon law repurchase with the help of an experienced lemon law attorney. An experienced lemon law attorney will guide you through the first crucial months and can help you build a strong case, meeting all requirements of the law. This service should be Free for you.

Bohloul Law, APC, offers FREE consultation to you to help you understand your rights and options. This office will also represent you FREE of charge to get you the justice you deserve.

Your representation would be free since the office will get its costs and attorney’s fees once the case is settled in your favor. You do not have to pay this office anything. It is written in our contract. Ask your attorney to show it to you!

Call (310) 525-5116 today and get a Free consultation from an attorney the same day!

Steps to File a Lemon Law Claim

If you believe your used car qualifies as a lemon, there are several steps you should take.

Start by documenting everything. Keep detailed records of all repairs, including dates, photos, descriptions of the problems, and copies of work orders and receipts. This documentation is crucial for building your case.

Next, take the vehicle to an authorized repair facility for repairs.

Third, contact a lemon law attorney to get advice and guidance as what needs to be done.

To learn more about the procedure on how to prepare a successful lemon law case, see our guide HERE.

Remember that every case is different, and you need the guidance of an experienced lemon law attorney to help you navigate the complex steps ahead of you, otherwise, your rights may be at risk.

While you can file a claim on your own, the process can be complex and NEVER recommend that. Simply consider hiring an experienced lemon law attorney who can guide you through the process and improve your chances of a favorable outcome.

Bohloul Law, APC, will represent you for FREE and will get its costs and fees from the manufacturer when the case is settled. You will never have to pay this office any money.

Call (310) 525-5116 today and get a Free consultation from an attorney the same day!

We Are Here for You

Contact Bohloul Law, APC, today for a consultation. Remember, in California, you have rights as a consumer – even with used cars. Let us help you protect those rights and get the justice you deserve. With the right legal support, you can turn a frustrating situation into a positive outcome, potentially recovering your losses and moving forward with confidence.

Call (310) 525-5116 today and get a Free consultation from an attorney the same day!