No one wants to face the fallout of buying a defective vehicle.
Buying a car is a major investment, and when something goes wrong, it can be extremely costly. If you find yourself in this predicament, you need to know there are defective vehicle rights in place to protect you.
It used to be tough luck for consumers who bought faulty cars. Fortunately, federal law changed this. There are now state and federal laws in place to hold manufacturers accountable for selling defective vehicles.
The Magnuson-Moss Consumer Warranty Act – or federal lemon law – was enacted in 1975 to protect consumers who purchase defective products. Lemon law rights exist across the country, but the details of state lemon laws vary based on where the vehicle is sold/registered.
Most people have never dealt with a defective vehicle purchase before, and understanding lemon law rights isn’t always crystal clear.
So, you’re probably wondering, “what are my rights after buying a faulty car?”
In this post, we want to explain the concepts of defective vehicle rights under California lemon law – and point you in the right direction. Let’s get started.
Examine the Warranty
Your warranty is the basis of your California lemon law rights after purchasing a defective vehicle.
Most commonly occuring vehicle defects must be reported to the manufacturer while the warranty is still in effect. A number of manufacturer bumper to bumper warranties are good for only three (3) years or less than 36,000 miles accrue on the odometer. However, these limitations can vary based on the brand. In addition, the drive-train warranties usually last for a longer more reasonable time frame.
If you’ve read about California lemon law, you may have seen information claiming the defect must be reported within 18 months of the purchase date – or before 18,000 miles accrue on the odometer–this is NOT true.
Rather, these figures represent the lemon law presumption-meaning you very likely have a strong California lemon law case.
Reporting a defect within these limitations will strengthen your case, but you may file a lemon law claim after these restrictions as long as the warranty is still in effect. However, defects are only covered under the lemon law if they were due to a defect in parts or workmanship. The claim may not be valid if the defect resulted from driver abuse or neglect, therefore you may not be eligible for a refund or replacement vehicle.
New & Used Defective Vehicles
In most states, lemon law rights only extend to new vehicles with defects after purchase. Consumers can seek a lemon claim as long as the defect was reported within the terms of the original manufacturer’s warranty.
California lemon law protections extend to new and used vehicles, as long as the vehicle is sold with a warranty. But the state’s lemon law is not apples-to-apples, unfortunately.
Defective vehicle rights when buying a used car from a dealer in California may apply if the vehicle was sold with a dealer warranty or the implied warranty of merchantability. Dealer warranties can be as short as 30 days after purchase or less than 1,000 miles of use.
If no dealer warranty is specified, the vehicle may still have the implied warranty of merchantability. As the name states, this warranty implies the vehicle will work for its intended purpose. Under the California Civil Code, implied warranties may be as short as 60 days after the purchase date.
In some dealer sales and most private sales, used vehicles are sold “as is.” This means there is no warranty in place, and the buyer is responsible for all issues with the defective vehicle. In other words, you are not entitled to a replacement vehicle or buyback. This clause must be clearly stated in the buyer’s guide.
Negotiating with manufacturers for used vehicles with defects after purchase can be tricky. Manufacturers try to ignore liability for used vehicles, even though the vehicle is sold with the manufacturer’s warranty. Plain and simple, you need a specialized California lemon law lawyer to manage your lemon law claim and earn full compensation.
Begin the Repair Process
Your defective vehicle rights when buying a car from a dealer come into play after the manufacturer was given a “reasonable number of repair attempts.” In the state of California, the state lemon laws apply if there are at least two unsuccessful attempts. But, if the defect is severe enough, just one unsuccessful repair attempt could result in a lemon claim.
As soon as you notice something is off with your vehicle, do not waste any time in starting the repair process. Vehicles with defects after purchase must be dealt with immediately. While the lemon law rights period may last up to four years, every day you delay repairs is another chance the manufacturer will try to blame the defect on “driver abuse.” Get in touch with the manufacturer ASAP – they will instruct you to the nearest certified repair facility.
IMPORTANT: Do not, under any circumstance, take your defective vehicle to your trusted family mechanic for repairs. The repairs MUST be carried out by a manufacturer-certified facility while under warranty. Otherwise, this could void your claim.
The next step is to gather documentation for the repairs. If the time comes when you need to exercise your lemon law rights, the repair invoices are essential pieces of information to build your lemon law case. Speak to an experienced lemon law attorney to learn about what records to gather.
These invoices need to include:
- The make, model, and year of the vehicle.
- Description of the problem.
- Date + time the vehicle was brought in.
- Date + time the vehicle was picked up.
- Reading of the mileage.
- Name and ID number of the employee you worked with.
Most importantly, the repair invoice needs to be closed. This indicates the repair attempt was completed. If you file the claim and the invoice isn’t officially closed, the manufacturer may try to claim you refused the recommended repair – which will hold up the buyback process.
Seek a Professional California Lemon Law Lawyer
Answering the question, “what are my rights after buying a faulty car?” may seem confusing on the surface. But when push comes to shove, they are pretty straightforward – gathering the proper evidence for your case is where the details can get murky.
Manufacturers shouldn’t get away with selling you a defective vehicle. With the lemon law on your side, they won’t. If they are unable to repair your faulty car within a reasonable opportunity to do so, your next step is to partner with a lemon law lawyer in California right away to recoup the purchase price and all collateral costs.
We’ve seen manufacturers tell consumers all sorts of lies to discourage you from seeking professional legal assistance to preserve defective vehicle rights. This is simply because they know a good attorney will make sure they provide a full buyback to the consumer. Always remember, automakers have no interest in providing a full and complete refund and will go to great lengths to avoid it.
As a California lemon law lawyer, I am happy to answer any questions you might have about your lemon law rights in California. Give us a call at 888-982-6915, send an email to info@clineapc.com, or fill out a FREE case evaluation.
