Used Car Lemon Law Attorney in California

Buying a reliable used car can often feel like navigating a labyrinth of uncertainty. For many consumers, the promise of affordability and convenience can quickly sour when faced with a vehicle plagued by persistent defects and mechanical issues. The great news about California lemon law is that it applies to used and new cars!

However, not all used cars are covered.  Generally, for a used car lemon law case to be successful, you need to have one of three types of warranties for used cars.  If you’re unsure whether your used car qualifies, talk to a used car lemon law attorney in California.

At Neale & Fhima, we recognize the profound impact a defective used car can have on your life. With our firm understanding of California’s consumer protection laws and our unwavering commitment to advocacy, we stand ready to guide you through the intricacies of the used car lemon law.

The Three Types of Warranties

1. Transferred New Car Warranty

New cars all come with a warranty from the manufacturer. When the title changes hands during the warranty period, any remaining coverage is transferred to the new owner. However, be advised that some manufacturers limit transferability. For example, according to Kia’s warranty terms, original owners receive extended powertrain coverage that is unavailable to subsequent owners.

2. Certified Pre-Owned (CPO) Warranty

CPO warranties cover used cars inspected, refurbished, and resold by the manufacturer. Warranty terms are usually less comprehensive than the original factory warranty, although buyers of CPO vehicles may be able to upgrade to similar coverage. Only authorized dealers can sell CPO vehicles, and the benefits of certification (including the warranty) are reflected in the purchase price.

3. Lemon Law Buyback Warranty

successful lemon law claims can result in a vehicle buyback. To minimize losses in this situation, manufacturers eventually do what they should have done: repair the vehicle properly. Then, to resell it in California, the manufacturer must comply with certain requirements. One such requirement is offering a 12-month/12,000-mile warranty covering the prior defect.

California Lemon Law for Used Cars

California has a very consumer-friendly lemon law, which is good news for beleaguered motorists stuck with defective vehicles – whether new or used.  The Song-Beverly Consumer Warranty Act codifies the California lemon law.  This Act states in part:

Every sale of consumer goods that are sold at retail in this state by a manufacturer who has reason to know at the time of the retail sale that the goods are required for a particular purpose and that the buyer is relying on the manufacturer’s skill or judgment to select or furnish suitable goods shall be accompanied by such manufacturer’s implied warranty of fitness.

A sub-section called the Tanner Consumer Protection Act (California Civil Code section 1793.22) states that if you purchase a flawed car, truck, or SUV, you are legally entitled to a refund, or the vehicle can be replaced at the manufacturer’s expense.  Specifically, the Act states in part:

(The law) requires the manufacturer, when the process orders, under the terms of this chapter, either that the nonconforming motor vehicle be replaced if the buyer consents to this remedy or that restitution be made to the buyer to replace the motor vehicle or make restitution.

A “lemon” is defined as a car, truck, utility vehicle, SUV, motorcycle, RV, travel trailer, or other defective vehicle type. Whether the problem started immediately when you drove the vehicle off the dealership lot or it began many months or even years later, the defect is recurring, and mechanics can’t seem to fix it.

Reasonable Number of Attempts to Repair

Before being eligible to file a claim, you need to have made a “reasonable number of attempts” to get your vehicle repaired. The definition of “reasonable” is not always clear-cut, particularly with regard to used vehicles.  Always keep the documentation related to repairs and contact Neale & Fhima for guidance as to whether they are sufficient under the lemon law.

Nonconformities

“Nonconformities” must also be present for a used car to be a lemon. Nonconformities are defined as any defect or malfunction that significantly restricts the…

• safety,
• use, or
• value of the vehicle.

There is no requirement under the law that the defect puts your life in danger. It simply must reduce the usability or safety of the vehicle, or it must compromise the vehicle’s value (for example, if you want to resell it).

Common defects that affect safety include:

• Poor acceleration
• Radio and navigation problems
• Door locks don’t work
• Engine issues
• Electrical issues
• Noise complaints
• Braking problems
• Suspension issues
• Battery dies regularly or drains irregularly
• Steering issues
• Transmission issues.

Statute of Limitations

The statute of limitations under California’s Lemon Law is four years from the date of purchase or four years from the date the consumer knew the vehicle was a “lemon” or should have known it was a “lemon.” So, as soon as you notice the defect, take it to a mechanic and begin the repair process.  Be sure to keep all repair receipts, work orders, and spare parts to prove that you’ve made a reasonable number of attempts to fix the defect.  Then call our used car lemon law attorney in California right away.

The Best Used Car Lemon Law Lawyers in California

If you want to learn more about lemon law in California for used cars, talk to Neale & Fhima.  We stand head and shoulders above other law firms.  That’s because we have an outstanding success rate with lemon law cases!  Our attorneys are among the best and the brightest.  The team at Neale & Fhima is committed to each client’s case, and we give you our full attention.  We have received phenomenal client testimonials.

Here are a few of the reasons you should choose us:

• Years of Experience: Our attorneys have over 40 years of combined experience representing clients throughout Southern California.
• Our Lawyers Win Cases: Neale & Fhima enjoys a 99% success rate. We think this says a lot about the skill of our attorneys. While we cannot guarantee the outcome of any particular case, you can take comfort in knowing Lemon Law lawyers handle your claim with a track record of success.
• We Value Client Relationships: High-volume law offices think of clients as nothing more than a case file. The file gets passed around until it ends with a paralegal or junior associate who wants to finish it and move on. Neale & Fhima is different. We enjoy getting to know our clients. It also helps us craft settlement agreements that meet their individual needs.
• We Know the Law: California’s lemon law is a fine example of how the state legislature can empower consumers. When it comes to clarity, however, the text of the statute leaves much to be desired. Our attorneys understand the quirks of the statute, as well as the many court opinions interpreting it. We put this knowledge to work for you.
• No Surprises: A handful of manufacturers control most of the U.S. auto market. We repeatedly go up against these same companies. This allows us to anticipate how they will respond to claims involving specific models and mechanical defects. Our attorneys will share these insights with you from day one so you are never in the dark about what to expect.
• Free Consultation: We will always discuss your situation with you in a free initial consultation before you make any decisions about a claim.

How Neale & Fhima Can Help with Your Used Car Lemon Law Case

At Neale & Fhima, we recognize consumers’ challenges when seeking redress for defects in their purchased vehicles. Here’s how our experienced team can assist you every step of the way:

1. Rigorous Case Evaluation

We’ll conduct a thorough evaluation of your case, reviewing the details of your vehicle purchase, repair attempts, and any communication with the dealership or manufacturer. This careful analysis allows us to determine the strength of your claim and develop a strategic plan for moving forward.

2. Negotiation with Dealerships and Manufacturers

Disputes over defective vehicles can often be resolved through negotiation with the dealership or manufacturer. Our attorneys are skilled negotiators who will work to reach a fair and equitable settlement on your behalf, sparing you the time, stress, and expense of prolonged litigation.

3. Aggressive Advocacy in Litigation

Our attorneys are prepared to take your case to court if negotiation fails to yield a satisfactory outcome. We’ll provide aggressive advocacy in litigation, fighting to protect your rights and secure the compensation and relief you deserve under the law.

Call a Used Car Lemon Law Attorney in California

If you bought a used car only to find out that it’s a clunker, you’re not stuck. You may have a legal remedy through the California lemon law. At Neale & Fhima, we’ve helped hundreds of clients get the justice they deserve.

Attorney Aaron Fhima

Attorney Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights.