Legislation of the Lemon Law came into practice to secure consumers’ rights, so the car manufacturers will not get away with deception or fraud. If you finally bought the car you have been thinking about getting for so long, it turned out to be defective or doesn’t meet the quality standards. You then took it to the dealer or the manufacturer to get it fixed, but even after several repair attempts, to no avail, your vehicle qualifies as a Lemon.
Quill and Arrow Law LLP is a law firm based in California, specializing in personal injury and Lemon Law disputes. What makes the Firm stand out from the other law firms is its aggressive advocacy to secure the clients’ rights who have been subjected to personal injury or lemon law disputes.
Unlike most contemporary law firms, Quill and Arrow Law LLP invests the necessary time and effort into a thorough investigation of the claims, which results in the important close collaboration with the client and the attainment of the crucial discernments. This, in turn, optimizes and produces the best possible recovery for the client.
What most law firms focus on is the winning of the case, which is achieved but without generating the best potential recoveries for the clients. Quill and Arrow Law LLP is determined on the latter as much as it is on the former.
Particularly while tackling the Lemon Law cases, the Firm believes in following a practical and assertive approach. Taking a case to the trial, if necessary, and not wasting their or the clients’ time by proceeding the case to the court directly.
You have the legal right to seek a replacement or refund for the defective vehicle, which can, most of the time, get exhausting and disappointing. Under the help of the Lemon Law, you will not have to put up with all that disappointment and get either a replacement or refund of your money for the car.
Does California Lemon Law Apply To Used Car Purchases
A frequently asked question regarding the application of the Lemon Law is does California lemon law apply to used car purchases? While some lemon laws are not applicable to used cars, Michigan Lemon Law, to name one, California Lemon Law, does apply to used car purchases. In California, any vehicle that is new or used, purchased or leased, qualifies for the lemon law given that it is sold with a written warranty.
Your used vehicle is under the protection of the California Used Car Lemon Law, purchased or leased, if it’s covered by the manufacturer’s factory warranty. In California, the used vehicles are sold with complete or parts of the original manufacturer’s warranty. Most vehicles have the ‘basic’ or ‘bumper-to-bumper’ factory warranty that covers most of the parts of the vehicle. While the ‘powertrain’ warranty covers the engine, transmission, and other related components in the vehicle.
If the defects in the used vehicle come under any of the above warranties, your vehicle is under the legal protection of the California Lemon Law, with the same conditions applicable to a new vehicle. The Law is also applicable to the used vehicle that has been certified and has an extended warranty, increasing the duration of the manufacturer’s warranty.
Meeting these requirements, as an owner of a used vehicle that has turned out to be defective, you have the legal right to be compensated with a refund or money replacement. However, if your used vehicle is not sold with the factory warranty, it’s not protected by the Law, and you will be held responsible for the defects in the car you have bought.
Used Car Sold Without a Warranty
The manufacturer or seller can also sell you a vehicle with no warranty or as an ‘as is’ sale and have you sign an agreement. In that case, your vehicle has no legal protection, and you are the party responsible for the defects that happen to be there in the vehicle after the purchase. These used vehicles are often sold at reduced prices, but the buyer is the one paying the costs of repairs later. It is important to know that there can be some major issues in these vehicles whose repair costs can exceed the amount at which you purchased them. In that case, the seller will not be accountable since the car was sold ‘as is’.
However, there are certain conditions for a vehicle to be legally qualified as an ‘as is’ sale, which, if not fulfilled, results in the buyer still having legal recourse. The seller has to fulfill certain disclosure requirements to sell a car without a warranty for the buyer to stand as the sole bearer of the finances that arise after purchase. A disclaimer needs to be displayed in the buyer’s guide of the vehicle, mentioning all the conditions of an ‘as is’ sale for the sale to be legal.
That buyer’s guide has to be clear in stating that the vehicle is sold without a warranty, as an ‘as is’ along with mentioning that after purchase, the performance and condition of the vehicle is the buyer’s responsibility, not the seller’s. If that disclaimer is not displayed in the buyer’s guide, the buyer is still able to seek the lemon law, even if an agreement has been signed. That way, the seller will be held accountable for the defects in the vehicle, offering you a refund or replacement.