Is A Certified Vehicle Eligible Under Lemon Law California?

Many car shoppers view certified pre-owned vehicles as a happy medium between buying new and used. By definition, a certified pre-owned car is a used vehicle that’s been inspected, reconditioned, and backed by the manufacturer. You can get many of the benefits of a new car – such as warranty coverage and peace of mind – without paying the full price.

While buying a certified car does increase your chances of landing a quality used car, it doesn’t guarantee reliability. Even at certified dealerships, lemon vehicles slip through the cracks.

Fortunately, the state of California has your back. Lemon law in California (also known as The Song-Beverly Consumer Warranty Act) protects consumers who purchase defective used vehicles sold with warranties. If your certified vehicle qualifies as a lemon, you may be eligible for a refund or replacement from the manufacturer. now, let’s take a closer look at how lemon law in california applies to certified pre-owned vehicles.

What Makes a Vehicle a Lemon in California?

Under California lemon law, a vehicle may be deemed a lemon if it meets the following legal requirements:

• The manufacturer has made at least two or more attempts to repair a warranty-covered defect; or
• The vehicle has been out of service for more than 30 days while being repaired for warranty-covered problems: and
• The vehicle has a mechanical defect(s) that impacts its use, safety, or value – and that were not caused by the driver.

Unfortunately, some of the lemon law requirements set forth by California are a little vague, which can be an issue for your claim. For instance, the law does not specify the exact number of required repair attempts the manufacturer can attempt. Manufacturers can use this lack of clarity to their advantage to try to push back against your claim.

To get the best results, consult a California lemon law lawyer before filing a claim. They’ll be in a better, more knowledgeable position to evaluate your situation, ensure your vehicle meets all requirements, and avoid common pitfalls in the legal process.

What Obstacles Can Arise During Lemon Law Claims?

When filing a lemon law claim for your certified used vehicle, you will likely face some pushback from the manufacturer. Here are a few examples of obstacles you may encounter, plus tips for overcoming them:

1) The Manufacturer Denies Your Claim Outright

If the manufacturer completely denies your claim, you will need to provide evidence that your vehicle qualifies as a lemon under California law. This is where working with an experienced Lemon Law Florida attorney can be extremely beneficial. A professional will evaluate your case and help you gather the necessary evidence to prove your claim.

Some evidence that may be helpful in your case:

• Maintenance records
• Repair invoices or estimates
• Driving logs documenting the frequency of the problem

Be sure to keep all documentation in a safe place and make copies before sending them to the manufacturer or their legal team. Your lemon law lawyer can also help you submit this evidence in the most effective way possible.

2) The Manufacturer Claims You Caused the Defect

In some cases, the manufacturer may try to claim that the defects were caused by your driving habits or lack of maintenance. They may even go so far as to void your warranty coverage altogether.

Fortunately, this argument is almost always invalid. Unless you intentionally damaged your certified vehicle, the manufacturer cannot void your warranty or refuse to honor your lemon law claim.

To combat this tactic, try to keep detailed records of all maintenance and repairs performed on your vehicle. You should also document any accidents or incidents involving your vehicle. A lemon law attorney can help you collect and submit this evidence to support your claim.

3) The Manufacturer Deems the Problem Insubstantial

Under California’s lemon law, a defect is only covered if it substantially impairs the vehicle’s use, safety, or value. This can be a complex standard to meet, as it is not clearly defined in the law.

As a result, manufacturers often deny lemon law claims by claiming the problems are not substantial. To overcome this obstacle, you will need to provide evidence that the problem meets the legal definition of a substantial defect.

This may include expert testimony from a mechanic or other automotive specialist. Again, a lemon law attorney can help you gather and successfully present this evidence.

In Conclusion

If you purchase a certified vehicle in California and it turns out to be a lemon, you may be able to take advantage of the state’s lemon law. However, you may also face a few potential obstacles when filing a claim.

To increase your chances of success, consider consulting a lemon law lawyer before taking any action. They can evaluate your situation, gather evidence to support your claim, and help you navigate the complicated legal process.

Author Bio: Brian K. Cline’s Lemon Law Legal Group provides premier legal services. Our California lemon law lawyers aggressively and ethically force vehicle manufacturers to buy back defective and dangerous vehicles. Our team includes experienced trial lawyers with over 40 years of combined trial experience.