Buying used motor vehicles has always been an intimidating task – some consider the negotiation process an art or a science.
When buying a used vehicle, there’s always a small fear that the car you purchase has mechanical defects and will be a money pit. Fortunately, the state of California – including Orange County – has legal remedies in place to protect consumers from buying defective cars, even used ones.
This law is called the Song-Beverly Consumer Warranty Act – which encompasses used car lemon law.
If you’re planning to purchase a used vehicle in Orange County, we strongly recommend reading up on California lemon law before you walk into the dealership. Here is everything you need to know.
Used Cars and Orange County Lemon Law
Lemon law exists across the country, but each state has separate rules for what constitutes a lemon. Most states only provide lemon law protection for vehicles purchased brand new. California is one of the few that extends protections to used vehicles.
Here are the lemon law requirements a vehicle needs to meet to be eligible for legal recourse under Orange County lemon law:
- The vehicle was sold with a written warranty;
- The vehicle is exhibiting one or more substantial defects that impair the vehicle’s safety, usability, and/or value;
- The defect(s) were reported to the dealer or manufacturer within the terms of the warranty;
- The defect(s) were not caused by driver abuse, neglect, or error;
- The dealer or manufacturer has been given a reasonable number of repair attempts to fix the defect(s); or
- The vehicle has been out of service for repairs for 30 or more total days – it does not have to be consecutive.
Whether the vehicle is new or used, you will need official documentation that proves it meets the qualifications above. This includes (but is not limited to): the written warranty terms, completed repair orders, invoices, dates the vehicle was in the repair facility, and more.
With these records in place, you may pursue a buyback or replacement vehicle.
Used Car Dealership Obligations Under Orange County Lemon Law
Per California lemon law, used car dealerships are held to certain rules when they display vehicles for sale. This primarily comes down to the information listed on the buyer’s guide, which must be clearly visible on the vehicle’s windshield.
The most important distinction to make as a shopper is whether the vehicle is being sold with a dealer warranty or “as is”.
1. Dealer Warranties Under Used Car Lemon Law
When you purchase a new vehicle, it comes with an original manufacturer warranty. The terms of these warranties differ from brand to brand. Many automakers sell vehicles with a warranty period good for 3 years or 36,000 miles.
Dealer warranties are much shorter. Most of the ones you’ll see at used car dealerships are only good for 30 days or 1,000 miles. When you’re looking at used vehicles, the terms of the dealer warranty should be displayed clearly on the buyer’s guide.
If you notice a defect or non-conformity within these terms, you may bring the vehicle back to the dealership to repair it.
2. “As Is” Agreements
“As is” agreements mean there is no dealer warranty in place and the buyer takes complete responsibility for any defects once the deal is done.
In other words, you will not likely have any legal recourse if the vehicle is defective. Like the dealer warranty terms, there needs to be a clear indication that the vehicle is being sold “as is” on the buyer’s guide.
3. What If There is No Used Car Warranty or “As Is” Agreement?
Orange County lemon law states that used car dealerships are required to specify whether the vehicle is being sold with a dealer warranty or an “as is” agreement. But this doesn’t always happen.
If there is no indication of a dealer warranty or “as is” agreement, there will likely be an implied warranty of merchantability in effect. These are unwritten agreements that the vehicle is fit for its intended purpose – and are typically valid for 60 days up to a year and cover the vehicle’s essential components.
Implied warranties can be tricky when pursuing a lemon law claim. You will need to speak with a lemon lawyer in Orange County to understand your options.
When to Consult an Orange County Lemon Law Lawyer?
There is never a bad time to consult a lemon law lawyer in Orange County if you are concerned about buying a defective used vehicle.
If you believe you purchased a used vehicle with defects, the next steps may seem confusing. Most lemon law attorneys know you’re in this situation for the first time – and you may not have even known what lemon law is.
That said, most are more than happy to answer your questions and explain your lemon law rights, even if your vehicle doesn’t qualify for a claim.
When you reach out to a lemon law attorney in Orange County, you will be prompted to schedule a consultation to discuss your situation. This will involve the warranty terms, repair status, nature of the defect, and more.
This information will help them determine whether or not you have a lemon car claim.
If your situation meets the criteria of Orange County lemon law, you and your attorney will begin the process of seeking compensation from the dealership. On the other hand, if you do not have a valid claim, the attorney will instruct you on what to do next.
What’s Your Next Move?
If you have the slightest hunch that your used vehicle is defective, speak with an experienced lemon law attorney in Orange County. At Cline APC, we cover lemon law cases across all of California – and are more than happy to answer your questions.
If you have a lemon on your hands, we will manage your claim from start to finish.
We work on a contingency fee agreement. This means we make our attorney fees as part of the settlement paid out by the dealership AFTER we win. In other words, we charge you nothing to take your case.
Speak to a skilled lemon law lawyer in Orange County today by calling 888-982-6915, email us at info@clineapc.com, or schedule a free consultation online.
