Does the Lemon Law Only Pertain to Cars Under Warranty?

Does the Lemon Law Only Pertain to Cars Under Warranty?

Did you recently buy a new car? Are you having issues with the car that the dealership just can’t seem to fix? The good news is your car may be protected under California’s lemon law.

Under the lemon law, consumers can get a full refund for their car under certain conditions if the car is defective and the dealership is unable to repair it. One of these conditions is usually that the car must be under warranty. However, there are some instances where a car without a warranty could be covered by the lemon law.

If you are having issues with your new car, contact us at Kaloustian Law Group. We can help you determine if your car falls under the requirements of the lemon law, and we can help you obtain a refund for your purchase. We’re one of the leading lemon law attorneys in Los Angeles, so we have the knowledge and experience necessary to help you resolve your car issues.

What are the Requirements for the Lemon Law?

In California, a car must generally meet a few requirements to be eligible for Lemon law coverage. The first is that the car must have one or more defects, and the defects cannot be caused by the driver. In other words, defects already existed when you bought the car.

Another requirement is that the car must be covered under warranty. There are some exceptions to this, but generally, cars under warranty are the most likely to receive lemon law protection.

The dealer must have made reasonable attempts to repair the defects. There is no set number for this, but courts usually look at four repair attempts. You can’t ask for a lemon law refund as soon as the defect is discovered. You have to give the dealership time to try and fix the issue.

Finally, the car must have been out of service for a minimum of 30 days. These do not have to be 30 consecutive days. They just have to be 30 aggregate days without your car available, either because it is not functional or it is in the shop.

What if There Is No Warranty?

The lemon law is meant for cars covered by a warranty. However, there are situations where a car not covered by a warranty could still make a case.

When you buy a used car, it is usually sold either under a warrant or “as is.” When a car is sold as is no warranty, it means no defects are covered by the dealership. You take ownership of the car and any defects it may have. If the car is listed “as is,” you will not have protection under the lemon law.

However, there are some instances where a car may be listed as not having a warranty and also not be listed “as is.” In these instances, the car exists in a bit of a grey area. It isn’t under warranty, but you also haven’t made an “as is” transaction.

In this scenario, the car is under what is called an implied warranty in California. The car is implied to be under warranty since it wasn’t listed “as is.”

Contact us at Kaloustian Law Group to determine if your used car is under an implied warranty in California. Our lemon law lawyer in Los Angeles can analyze the car, the defect, and the terms of the purchase to determine if you may be protected by the lemon law. We can then help you obtain a refund for the defective, used vehicle. While these cases are often resolved before going to trial, we are always prepared to take it that far if necessary.