Purchasing a used car must feel like a gamble. Even after careful research and inspections, there’s always a chance that the vehicle may come with hidden defects. Thankfully, Lemon laws exist to protect consumers from defective vehicles, including used cars. However, these laws can be complex, which is why having an experienced Lemon law attorney is important.
In addition, there is a wide misconception that these laws only apply to new cars, but that isn’t the case. They also apply to used cars as long as they are found as lemons and still under the manufacturer’s warranty.
At Easy Lemon we specialize in making the Lemon law process simple and effective. Our team of experienced and dedicated lemon law attorneys has helped clients nationwide secure compensation for their lemon cars. Let us help guide you on that lemon law claim. Contact us today for a free case evaluation.
In this blog post, we’ll discuss Lemon Law and how Lemon laws apply to used cars. We will explain why you need an experienced Lemon law lawyer and outline the steps you can take if you suspect you’ve purchased a lemon.
What Is Lemon Law?
Buying a car, whether new or used, can be exciting. But when that car breaks down and leaves you stranded on the roadside, your excitement may turn to anxiety, frustration, anger, or even resentment of the model. This could lead to your car spending more time in shops than on the road. So if you have purchased a lemon, there is a law that safeguards you against defective cars, also known as lemons. This law is called Lemon law.
Lemon laws are designed to protect car owners from vehicles with significant defects that the manufacturer or dealer cannot resolve within a reasonable number of repair attempts. Under Lemon law, the manufacturer is required to either replace the Lemon car or refund its purchase price. While many people associate lemon laws with new cars, they can also apply to used vehicles under specific conditions.
Lemon Law, also known as the Song-Beverly Consumer Warranty Act, provides protective measures for consumers who purchased or leased a new or used vehicle that is found to be defective. This law makes sure you are not burdened with a defective car within the state. It also demands that the manufacturer corrects their mistake by fixing the car, replacing it, or giving you back your money.
Do State Lemon Laws Cover Used Cars?
All states have some form of vehicle Lemon law. However, the specifics of these laws vary from state to state. These specifics depend on the following criteria.
- The reasonable number of repair attempts that must occur before a vehicle qualifies as a lemon.
- The time periods and mileage limits.
- The inclusion of used or leased vehicles.
As of now, only seven states in the United States have specific lemon laws that cover used cars: Connecticut, Massachusetts, Minnesota, New Jersey, New Mexico, and New York. To find your state lemon laws, visit the Lemon Law America website.
Furthermore, here’s how you know that your used car is a lemon.
- If it has a substantial defect that is still covered by the manufacturer’s warranty and was discovered within a specific time period.
- If the vehicle has been in the shop for more than 30 days (not necessarily in a row) for repair of any problems covered by its warranty.
- If the defect compromises the value, use, or safety of the vehicle.
- If the defect persists after a reasonable number of repair attempts by the manufacturer or local dealership.
Here are some common defects that qualify your used car as a lemon.
Engine Issues– Persistent stalling or failure to start your car.
Transmission Problems– Difficulty shifting gears or transmission failure.
Safety Defects– Malfunctioning brakes, airbags, or steering components.
Electrical Failures– Problems with lights, windows, or the vehicle’s computer system.
Lemon Law Requirements for Used Cars
In the United States, Lemon laws cover used cars as long as they meet certain requirements:
Covered Vehicles-The vehicle must be a car, truck, motorcycle, or RV purchased or leased in the United States, subject to state-specific criteria.
Warranty Requirement- The car must still be under warranty at the time of purchase, either from the manufacturer or the dealer. This includes both express warranties (written agreements) and implied warranties (assumed promises of fitness for purpose).
Reasonable Number of Repair Attempts- The manufacturer or local dealership will have made at least two attempts at repairing the vehicle and the defect remains unresolved.
Time period or mileage limit– The defect occurs within 18 months or 18000 miles after purchase or lease of the defective car, whichever comes first.
However, there is an exception for used cars, where if the vehicle is sold “as-is,” it is not eligible for a Lemon law claim because it has no warranty coverage. This means that if you buy a used car from a dealer “as-is” you are responsible for any repair costs the vehicle incurs and the quality of the car as a whole. So, it is important you understand whether a car is sold with or without a warranty to avoid any heartbreaks. Also, be careful and make sure that the dealer provides a valid warranty when purchasing a used car. These warranties cover your used car under the Lemon law:
Transferred New Warranty- If the used car is still within the original manufacturer’s new car warranty period, that coverage is often transferred to the new owner. This means that any substantial defects in the vehicle that fall under the warranty’s terms may qualify for Lemon law protection, provided the issue meets state-specific criteria (e.g., repeated repair attempts).
Certified Pre-Owned (CPO) Warranty – The used cars have been inspected and all needed repairs and maintenance completed by the authorized dealer. The cars are then sold with a CPO warranty.
Lemon Law Buy-Back Warranty- Vehicles that were previously declared lemons and repurchased by the manufacturer may be resold with a ‘Lemon Law buy-back warranty.’ This warranty is required in some states to inform the buyer of the vehicle’s history and cover any defects associated with the initial issue.
Why You Need a Lemon Law Attorney for Used Cars
Pursuing a Lemon law legal action can be complicated and exhausting. While you may be able to do it on your own, consulting a lemon law attorney can better your chances of getting compensated. Here are some reasons why you need the help of an attorney:
Evaluate the Strength of Your Case: An attorney will determine if your vehicle qualifies as a lemon and advise you on the best course of action.
Maximize Settlement Offers: Legal professionals know how to negotiate for the best possible outcome, whether that’s a refund, replacement vehicle, or cash settlement.
Ensure Compliance with Deadlines: Lemon law claims have strict timelines, and an attorney will make sure all paperwork is filed promptly, thereby avoiding missed deadlines.
Handle Legal Complexities: Besides State law, there is the federal Lemon law, also known as the Magnuson-Moss Warranty Act which was passed by the federal government in 1975. A Lemon law attorney with knowledge of both your state’s and federal lemon law can assist you tackle any technicality with pursuing legal action.
Prepare for Trial if Necessary: If negotiations fail, your attorney will represent you in court, increasing your chances of success.
No Upfront Costs: Most Lemon law attorneys work on a contingency basis, meaning you only pay if you win your case. This makes hiring an Easy Lemon law lawyer a low-risk, high-reward decision. So, don’t hesitate to schedule your free consultation today if you find yourself in the lemon situation.
Steps to Take When You Think You’ve Bought a Lemon Used Car
Imagine getting a used vehicle from an authorized dealer, only to find out your vehicle has one defect or the other. It is never a great situation to be in. The moment you notice you have bought a lemon used car, here are simple steps you can follow to make sure you are not stuck with it.
Step 1: Identify and Document the Issue
It is important that you record when and how the defect occurs, noting its impact on safety, value, and usability. Document everything! Take photos or videos of the defect and retain all repair invoices and other important documents with the seller. Also, document the number of repair attempts and how long the car has been out of service. Having the right documents and evidences might increase your chances of getting that deserved compensation.
Step 2: Notify the Car Dealer or Manufacturer
The second step is to send a formal notification to the dealer or manufacturer. Write a letter or email outlining the defect and requesting a resolution. You will give them a reasonable timeframe of 14-30 days to address the issue and get a response. Remember to keep copies of your emails, letters, or complaint forms and also make sure they are valid.
This is where all the documentation you made in step one is needed. So, include them in your emails or notifications. Submit a comprehensive repair history, with invoice proofs and any other digital evidence you have to make a substantial claim.
Step 3: Allow Reasonable Repair Attempts
You will be required to follow state guidelines and allow the dealer or manufacturer to make a reasonable number of repair attempts to fix the defect. Keep a record of repair attempts and any extended periods the car spends in the shop.
Lemon Law defines “reasonable attempts” as when the manufacturer or dealer has not fixed the same defect after four or more attempts within the time or mileage limit. Another definition is if the vehicle has been in the shop for more than 30 days for repair of any defect covered by its warranty.
Step 4: Consult a Lemon Law Attorney
If the defect has not been resolved after a reasonable number of repair attempts, you will need to consult a Lemon law attorney. Many Lemon law attorneys offer free consultations to evaluate your case. They can handle everything from negotiations to court filings, making sure you get the compensation you deserve.
Potential Outcomes of a Lemon Law Case for Used Cars
Depending on the specifics of your case, you may be entitled to any of the following remedies or compensation.
Refund – Reimbursement for the purchase price and other collateral costs such as sales tax, title charges, service charges, and more.
Replacement Vehicle – A comparable vehicle of equal value will be given to you by the manufacturer or dealer.
Compensation for Repairs– Reimbursement for out-of-pocket repair costs that you incurred over a period of time. The more reason why you need to document all invoices and records properly.
Legal Fees– Coverage of attorney’s fees and court costs.
How to Choose the Best Lemon Law Attorney for Used Cars
Having the best lemon law attorney can make all the difference in your legal process. There are some factors you must consider when choosing a lemon law attorney. These factors are as follows:
Experience– This is the most important factor and you can’t afford to choose an attorney who’s inexperienced and does not specialize in lemon law. Choose a law firm with a proven track record in lemon law cases. You need an attorney who knows their way around lemon law, who not only knows their state law but also the Magnuson Moss Warranty Act (Federal Lemon Law).
Client Reviews – Check testimonials and success stories to affirm their effectiveness. Recommendations from others should not be overlooked.
Clear Communication – The attorney is responsive and always keeps you informed on the progress of your claim. Also, if a settlement offer is received, they will be willing to help you make an informed decision on whether to accept or move forward.
Fee Structure – Most Lemon law attorneys only get paid if you win, making it a low-risk option. So, you have nothing to lose in the process.
Need Legal Help for Your Used Defective Vehicle?
Don’t let that defective used car become an unnecessary burden. Consulting a Lemon law attorney can make all the difference, and get you a step closer to receiving fair compensation and legal support. They can assess the extent of the issue, determine whether your vehicle qualifies as a lemon, and help you understand your rights under Lemon law.
At Easy Lemon, our team of experienced and dedicated attorneys is always ready to support and give you expert guidance regarding your lemon law. Contact us today for your free consultation.
