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Howard D. Silver

513 Water Oak Lane, No. A,
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Phone: 818-597-2610 or
866-49-lemon (866-495-3666)
Fax: 818-879-0862

E-mail: hsilver@howardsilverlaw.com

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California Used Car Lemon Law Attorney

Home > California Lemon Law > Auto Lemon Law > Used Cars

Used Car Lemon Law Resource Center

• Used Car As Is Purchases
• Used Car Lemon Law FAQ

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Does the Lemon Law protect used car owners?

Although the Lemon Law -- known formally as the Tanner Consumer Protection Act of California -- does not apply to used cars, consumers still have significant legal rights, as long as they have an express written warranty. If a warrantor cannot conform your used car to the terms of the warranty after a reasonable number of repair attempts, you as a consumer may be entitled to a replacement vehicle or a refund of your purchase.

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What recourse is available for used car lemon owners?

The first thing a victim should do is to ask the dealer for a refund or exchange. If the dealer refuses to fairly remunerate you, you may have to file a claim in court.

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What are some other kinds of used car fraud?

• Failure to disclose that the vehicle was a demonstration vehicle, rental, or manufacturer buyback (a. k. a "lemon") any other car that was sold and then later returned.
• Presenting an inaccurate or forged contract or failing to provide you with a contract.

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If you lack a warranty, do you still have rights as a consumer?

Absolutely. If the person or company who sold you the vehicle lied about or misrepresented the product, you may be able to return the car and get a refund. In certain cases, you may also be able to recover legal costs and attorney fees as well.

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You found out that your used vehicle was "salvaged" but the seller didn’t tell you. Can you get your money back?

Yes. According to California law, a car that has been deemed a "total loss" must be titled as such, and the information must be disclosed to consumers.

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Can you tell just by looking at it, whether a car is a salvaged vehicle?

Generally no. Although the phrase "total loss" suggests devastating damage, often salvaged vehicles can be restored to very high quality. The problem lies in cases where the car’s body and interior were restored, but have other problems you can’t see (such as a bent frame, or shoddy repair work to the engine or transmission). So it is a good idea to have a used vehicle assessed by an independent mechanic whom you trust before you buy it.

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The mileage on your odometer was inaccurate. Do you have the right to a refund?

Absolutely. Both California and Federal Law prohibit tampering with odometer readings. So, for instance, if you bought a car that looked like it had 20,000 miles on it but really it turned out to have had 60,000 miles on it, you should speak to a California odometer fraud attorney about obtaining a refund.

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Should you file a used car Lemon Law claim on your own?

You have the legal right to do so. But it’s a better bet to work with an experienced California used car fraud attorney. Howard Silver has a 95% success rate, and provides free and no obligation consultations. Contact The Law Offices of Howard D. Silver toll free today at 1-866-49-LEMON.