Does the Lemon Law apply to used vehicles?

Published On: 2021-12-18 | Lemon Law

Lemon Law

Before understanding whether the lemon law applies to used vehicles, you need to know exactly what is lemon law? The answer lies here. Lemon law for used cars is such that it provides the consumers with an option that tells you whether one should keep a vehicle they purchased or leased that turns out to be defective. Thus, for this law to apply, the vehicle should have a warranty which will cover defects you are experiencing during thestated period of the warranty.

lemon law applies to used vehicles

Under California based lemon law for used cars, if the manufacturer cannot repair the vehicle or other consumer goods after a reasonable number of repair attempts, even after knowing that the defect is substantial, the law states that the manufacturer is then required to refund the consumer’s money or replace the defective goods.

When we talk about whether the lemon law for used cars in California applies to all used, pre-owned or refurbished vehicles, it applies only if the vehicle in question has an active warranty from the manufacturer or the dealer.

It is also seen that most of the vehicles are now sold with some parts covered or some may even have a complete bumper-to-bumper warranty. Also, there are situations when the vehicles are sold out from the factory with a basic drivetrain warranty that covers components such as the engine, transmission and related drivetrain parts.

There are therefore situations when your vehicle is covered under one or more of the above warranties. In such situations, the lemon law on used cars applies much like the way the law applies to new vehicles.

How to qualify under the Lemon Law?

There are compensations provided to you in cases when you want to be qualified and eligible under the Lemon Law:

  • You need to ensure that the car you bought is from a retailer and not a private individual. This is because the law does not cover private used car sales.
  • There should be a substantial defect in the pre-owned vehicle.
  • An excessive amount of time should have been spent on the repair of the pre-owned vehicle.
  • Even after multiple attempts of repair, the problem still is not resolved and the car is not fixed.

How many repair attempts should be made on the used cars as per the Lemon Law?

It is seen that there werea reasonable number of repair attempts on the used car. The seller can also replace or buy back the vehicle. But the question arises as to what are a reasonable number of attempts as per different locations?

The answer to this is very simple: the number of repair attempts depends entirely on the type of defect the car has. Thus, when the car has a serious issue that might affect the safety of the vehicle as well as the well being of the passengers, only one or two attempts will be given to the manufacturers for a reasonable number of repair attempts.

Now, you must also be wondering as to what type of defects are being referred to? Thus, defects in the brake system, steering system, engine or any other essential system of the car, are included. If the vehicle is not considered safe, then the manufacturer is obligated to compensate the owner.

If in case, a defect in the vehicle causes severe bodily injury or a possibility of death, then just a maximum of two repair attempts are considered reasonable before compensation is required.

For more information on knowing whether the lemon law applies to used cars, get in touch with experts and lemon lawyers at the Car Inspectors, who specialize in certified used vehicle inspectors who can provide you with a professional lemon car inspection, on-location mobile pre-purchase inspection services, automotive pre-purchase inspections and related services.

Disclaimer- The information provided in this content is just for educational purposes and is written by a professional writer. Consult us for more information on whether the lemon law applies to your used car.