Free Buyer GuidesSouthern California Used Car Manufacturer Warranty Lawyer
Used Car Manufacturer Warranty
A used car that is still under the original manufacturer warranty can be considered a "new motor vehicle" per the California Lemon Law (technically known as the Tanner Consumer Protection Act of California), and therefore under lemon law protection. Although a used car sold without a manufacturer warranty will not be covered under the California Lemon Law, consumers can still qualify for protection under the Song Beverly Act. Pursuant to Civil Code section, 1795.5, the distributor or retail seller of the used car must maintain repair/service facilities to execute the terms of expressed warranties. The implied warranties must last at least 30 days. And a consumer can seek court costs, attorney's fees, and a refund if she can demonstrate that her car is in fact a lemon.
Most used (as well as leased) vehicles will be covered by the manufacturer's warranty for at least the first few years of their lives on the road, so that means that they will also be covered by the Lemon Law. But even if there is no manufacturer's warranty, you can still seek redress, if the manufacturer or dealer misrepresented the condition of the vehicle or hid critical information about the vehicle from you or the seller himself, put his own warranty on the vehicle.
For instance, if seller or manufacturer failed to disclose that the vehicle had a "salvage" title or was a lemon buyback returned by an original owner; or if the vehicle was a demonstration vehicle or rental and this information was not disclosed, you may be able to take action under used car fraud laws. Likewise, if any contracts were forged or incorrectly dated (or not provided to you at all), you may be able to take legal action.
A good rule of thumb is that, if you suspect unfair business practices, lies, or fraud, you should speak with one of the attorneys here at the Law Offices of Howard D. Silver at once. We can apprise you of your rights and help you work out a strategy to get a replacement vehicle or refund. Call us today at 1-866-49-LEMON to set up a free consultation.