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Used Car Lemon Law FAQ
Here are answers to frequently asked questions about California's used car Lemon Law.
Which of the lemon laws applies to used cars?
There are two key laws here – The Song-Beverly Consumer Warranty Act, and the Tanner Consumer Protection Act of California. The Tanner Act – often referred to as the California Lemon Law – applies to new vehicles. But just because a car is technically "used" – that is, pre-owned – does not mean that it cannot be considered a "new motor vehicle" according to the Lemon Law. This distinction may sound confusing, at first. What it means is that certain used cars that have their original manufacturer's warranty may be covered under the new car Lemon Law.
What about used cars that really are "used vehicles" according to the lemon law?
Even for vehicles that cannot be considered "new," consumers have a slate of protections. Express and implied warranties that accompany the sale of the vehicle can protect you. And even if you bought your used car "as is" (that is, with no warranty), you still are protected against fraud and misrepresentation.
If you qualify for a monetary award under the California lemon law, what costs can you hope to recoup?
The nature of the settlement depends on the specifics of your arrangement. Successful claimants may be able to collect: attorney's fees, loan or lease cancellation, incidental costs, rental and towing fees, finance charges, vehicle registration fees, taxes, and, of course, a refund of the price of your car.
Are there circumstances under which your car would not be covered by Song-Beverly or other kinds of protection?
Yes. If you subjected the car to unreasonable damage (e.g. took your sedan off-roading and tore up your transmission), your warranty may be invalidated as might be your protections under the Lemon Law. Likewise, if you fail to properly maintain the vehicle, your protections may be limited or eroded.
What are some things that used car dealers are forbidden to do?
The Car Buyers Bill of Rights specifies some of the restrictions on used car dealers. A dealer may not sell a used car as "certified pre-owned" if the car is a salvaged vehicle, a demonstration vehicle, a former lemon buyback, or if the odometer has been tampered with so that it looks like the car has fewer miles than it actually does.
Where can you turn for solid legal representation for your used car lemon law matter?
Howard Silver of The Law Offices of Howard D. Silver has been working since 1987 to help California consumers get the rights and refunds they deserve. We are a dedicated lemon law firm with a success rate of 95% We can provide the top caliber service you need. Call us today at 1-866-49-LEMON to schedule your free consultation.