Used Car Lemon Law in Orange County

Experienced in California Lemon Law for Used Cars

Have you recently purchased a used car in California, only to find out that it has a defect or malfunction that renders the vehicle nonconforming to the written warranty? If so, you need an experienced Orange County lemon law attorney in Laguna Hills to fight for the compensation that you may deserve.

Barnes Law Firm has served several thousand individuals throughout Orange County who have bought used vehicles with problems covered by the manufacturer’s warranty. If the manufacturer is not cooperating in giving you a refund on your lemon vehicle, we have what it takes to make your case a success.

Why Choose Our California Used Car Lemon Law Attorneys?

Barnes Law Firm is set apart from other lemon law firms because:

• We have 30 years of experience
• We collect our attorney fees from the manufacturer only if we are successful
• We handle cases throughout the state of California
• Attorney Barnes was one of the pioneer attorneys exclusively practicing lemon law when the law was first established in California

Get started with a free initial consultation to learn more about lemon law for used cars in California by calling Barnes Law Firm at 949.446.1668 now.

Vehicles Covered by California's Used Car Lemon Law

The lemon law in California for used cars covers vehicles that are bought with a warranty. These include:

• Used cars bought with the remainder of the factory warranty
• Used cars that are Certified Pre-Owned and are sold with a written warranty
• Lemon vehicles that are repurchased by a manufacturer and then resold with a warranty covering the defects

What Is The Lemon Law For Used Cars In California?

The California lemon law for used cars is the same for new cars as long as the used car is still under a manufacturer’s new car warranty. The time that is left over on the warranty is what protects the used car’s new owner.

Under California Used Car Lemon Law, the new owner is protected if a “reasonable” number of attempts of repair cannot fix an issue that:

• Is covered by the manufacturer’s new car warranty
• Significantly diminishes the value, safety, or use of the vehicle; and
• Was not caused by unreasonable use of the used car after the sale

Under California Used Car Lemon Law, What Am I Entitled To?

If your used car is a lemon and you have a case, the manufacturer may be required to repurchase your vehicle or provide compensation. 

When the manufacturer repurchases through a lemon law buyback, the used car can be resold and must be identified as a “lemon law buyback”. If a lemon law buyback is not properly disclosed, a buyer may still have rights under Lemon Law in California for used cars as well as federal law. If this applies to your case, reach out to an experienced Orange County used car lemon law attorney for used cars at Barnes Law Firm. Do not hesitate to schedule a consultation by calling (949) 446-1668 or completing an online form.

When Does Used Car Lemon Law Not Apply?

California used car lemon laws do not apply if the problems that a vehicle is experiencing are caused by abuse after delivery to the consumer, or proper maintenance was not followed. If you are experiencing any of these issues, it is important to contact a skilled used car lemon law attorney in Orange County as soon as possible to determine whether you have a valid claim.

• Related: Lemon Law FAQ

Steps to Take If You Suspect Your Used Car Is a Lemon

If you suspect your used car is a lemon, take immediate action to protect your rights. Here's what to do:

• Contact the Dealer or Manufacturer
  • As soon as you notice a persistent issue, reach out to the dealer or manufacturer. Inform them about the problem and request a repair.
  • Keep records of all your communications with them, including emails, phone calls, and letters.
• Document the Problem
  • Keep a detailed log of the issues you're experiencing with your vehicle, including dates, times, and a description of the problem.
  • Take photos and videos if possible, especially of visible defects or dashboard warning lights.
• Keep All Repair Records
  • Save every repair order, receipt, and invoice from the mechanic or dealership. These documents will help prove that the issue persists despite repair attempts.
• Consult a Lemon Law Lawyer
  • If repairs aren't fixing the problem, or the dealer is uncooperative, it's time to consult with a lemon law attorney.
  • A lawyer can assess your situation, explain your legal options, and guide you through the process of filing a claim.

How the Lemon Law Works for Certified Pre-Owned Cars

Certified Pre-Owned (CPO) cars are often sold with warranties, which may make them eligible for protection under California’s Lemon Law. Here's how:

• Warranties for CPO Cars
  CPO vehicles come with a manufacturer-backed warranty, which may be the remainder of the original warranty or a separate CPO warranty.
  This warranty can protect you under the lemon law if the vehicle develops serious defects.
• Difference from Non-CPO Cars
  Unlike non-CPO used cars, CPO vehicles have undergone thorough inspections and repairs. However, defects covered by the warranty are still eligible for lemon law claims if they significantly affect the vehicle's value, safety, or use.

The Process of a Lemon Law Claim in California

If your used car qualifies under the lemon law, here’s what you can expect in the claims process:

• Filing the Claim
  • Begin by sending a written complaint to the manufacturer or dealer. This is your formal request for a resolution.
  • If the issue is not resolved, consult with a lemon law attorney to file a claim.
• Negotiation and Mediation
  • Often, the manufacturer will try to resolve the issue through mediation or negotiation.
  • Your attorney can handle these negotiations, ensuring you get the best possible outcome.
• Resolution or Litigation
  • If the negotiations fail, the next step may involve litigation, where your attorney will represent you in court.
  • A successful lemon law claim may result in a repurchase of your car or other compensation.

Common Defects Covered Under California Lemon Law

California’s lemon law protects consumers with a wide range of vehicle defects. Common issues include:

• Engine Problems
  • Persistent engine failure or malfunction that affects the car's ability to run smoothly.
• Transmission Issues
  • Problems with shifting gears, slipping, or failure to engage properly.
• Electrical Malfunctions
  • Defective wiring, battery issues, or malfunctioning electrical systems.
• Safety Features
  • Non-functional airbags, defective brakes, or failing safety systems that impact driver and passenger protection.

If you experience any of these defects, you may be entitled to a remedy under California's lemon law.

Documenting Your Case for Your Orange County Used Car Lemon Law Claim

Thorough documentation is essential in proving that your vehicle is indeed a lemon. It helps demonstrate the consistent issues you've experienced and the manufacturer's or dealer's failure to repair the vehicle satisfactorily. Proper documentation can make the difference between a successful California used car lemon law claim and a denied one.

• Keep All Purchase Documents and Warranties
  Store the original purchase agreement, any financing documents, and the warranty information in a safe place. These documents establish your ownership and the terms of the warranty, which are critical to your case.
• Maintain a Repair Log
  Each time you take your vehicle for repairs, document the date, the issue you reported, the dealership or repair shop's name, and the outcome of the repair attempt. This log should include every attempt to fix the problem, no matter how minor.
• Save All Repair Orders and Receipts
  Always request and keep copies of repair orders and receipts from the dealership or repair shop. These documents should detail the complaints made, diagnostics performed, repairs attempted, and parts replaced. They provide a paper trail showing the persistent nature of the problem.
• Communicate in Writing
  Whenever possible, communicate with the manufacturer, dealership, or repair shop in writing (email or letter) and keep copies of all correspondence. Written communication can be used as evidence of your efforts to resolve the issue and the responses you received, which can significantly help your Orange County used car lemon law claim.
• Record the Issues
  Take notes on how the vehicle's issues impact its use, value, and safety. This personal log can include descriptions of how the defects affect your daily life and any potential hazards they cause.
• Take Photos and Videos
  Visual evidence can be compelling. Take clear photos and videos of the defects and any related issues (e.g., dashboard warning lights, smoke, leaks). This visual proof can support your written records and repair logs.
   

FAQ About Used Car Lemon Law in California

• What makes a car a "lemon" in California?
  A car is considered a "lemon" if it has a significant defect covered by the manufacturer’s warranty that affects the vehicle’s safety, value, or use. If the car has been in the shop multiple times without a successful repair or has been out of service for a significant amount of time, it may qualify as a lemon.
• Does the California Lemon Law apply to all used cars?
  No, the California Lemon Law applies only to used cars that are still under a manufacturer’s warranty. This includes cars that are still covered by the remainder of the original new car warranty, Certified Pre-Owned vehicles, or any lemon vehicles resold with a warranty after being repurchased by the manufacturer.
• How many repair attempts must be made before I can file a lemon law claim?
  Under California Lemon Law, if the defect cannot be fixed after a "reasonable" number of repair attempts, you may have a lemon law claim. This typically means the car has been in for repairs 2-4 times for the same issue or the car has been out of service for 30 or more days in total.
• Can I get a refund or replacement if my car is a lemon?
  Yes, if your used car qualifies as a lemon, the manufacturer may be required to either repurchase the vehicle or replace it with a similar model. If the manufacturer fails to resolve the issue, you may also be entitled to compensation for any inconvenience or damages caused by the defective vehicle.
• What if the dealer or manufacturer won’t cooperate?
  If the dealer or manufacturer refuses to resolve the issue, it's crucial to consult with an experienced lemon law attorney. An attorney can help you file a claim, negotiate on your behalf, and ensure that you get the compensation you deserve.

Get started on your case with a California used car lemon law attorney by contacting Barnes Law Firm online or give us a call by dialing (949) 446-1668.