Lemon laws were designed to protect the buyers’ interest, in the event of purchasing defective vehicles (as well as other consumer products) that doesn’t meet the standards of quality and performance. These laws usually apply to defects related to safety, usefulness, and/or value of the vehicle. Under lemon laws, it is the manufacturer’s responsibility to compensate the buyer for the defective vehicle. If the vehicle cannot be repaired even after a reasonable time period or repair attempts, the lemon laws require the manufacturer to replace or repurchase the vehicle.

Used Cars and Lemon Laws

So that’s for the new cars, right? The manufacturer will compensate for the new cars bought from them as there is an eligibility period for lemon laws. This means the car must be out of service for over 30 days or brought in for the same repair for a given number of times during the manufacturer’s original warranty. This eligibility period may vary from state to state, for example, in California the buyers statute of limitations may not run until 4 years after expiration of the manufacturer’s original warranty.

But what about the used-car buyers? Aren’t they at higher risks to end up with a lemon? Does it mean that used-car buyers have no other option that incurring repair bills that often cost more than the car? Fortunately, the answers to these questions are “no.”

In California., lemon laws are also extended to used-cars and legal remedies are available for buyers who purchase or lease used lemon cars from dealers, as long as the used car is purchased with an accompanying express written warranty. The warranty usually requires the dealer/manufacturer to repair any defect in parts or workmanship, free of charge. Here too, if the problem(s) is beyond the repair even after a reasonable number of attempts, the dealer must replace the car or repay the buyer.

Now, let’s take a look at the defects covered by the used-car lemon laws:

1. Defects Impairing the Safety of the Car

According to the U.S. Code for Motor Vehicle Safety, motor vehicle safety is defined as “the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle.”

Safety defects are the major concern of lemon laws as these defects that lead to fatal or intensive injuries to the drivers and passengers. A wide variety of defects can impair a car’s safety, ranging from defective breaks, engines, tires, and accelerator to child car seats and warning horn failures. In fact, a large number of automobiles are recalled every year, owing to their safety concerns.

So if you think the used-car you have bought from a dealer came with some safety defects, you may be eligible for a lemon law claim. In fact, under the lemon law, it is not necessary to wait until the safety defect puts the owner’s life in danger to file a claim. Any foreseeable safety issue such as a broken latch in your seat belt or in your car doors, or a malfunctioning brake is enough to presume your used-car is performing in an unpredictable manner and is, therefore, unsafe.

2. Defects Impairing the Usefulness of the Car

Your car must serve its purpose and its components must do what they are designed to do. For example, seat belts must secure the passengers, brakes must stop the vehicle, and the steering must control the wheel, and so on. In short, you must be able to rely on your used-car as you hit the road. So if you have a defective airbag or a leak in your fuel injection system, which can also affect the car’s safety, you may be eligible for a refund or replacement under the used-car lemon laws.

However, things are not always that easy. For example, under lemon law california, the defect must substantially impair the car’s usefulness. And the owner’s opinion is not the only determinative factor. This means the defect must be bad enough that a reasonable person in the consumer’s situation believes the vehicles use has been impaired. Therefore, the air conditioners taking too long to get cold or the radio’ volume being not loud enough are valid reasons to be eligible as lemons.

The California lemon law takes the particular circumstances of the owner’s definition of “usefulness” into account. For example, if the owner is staying somewhere in the mountainous part of California, malfunctioning air conditioners is a serious defect in terms of “usefulness.”

3. Defects Impairing the Value of the Car

Your car is your financial investment. This is why lemon laws also identifies and covers a wide variety of defects that impair the value of your car. However, you don’t always need to depend largely on a professional car appraiser’s expert opinion. The term “value” is used differently in the different states.

However, certain defects are not considered as a value-impairing defect under the lemon laws. For example, if your car has a common defect and its market price already accounts for that problem, you will not be rewarded with any kind of compensation. The defect must diminish your car’s resale value more than a significant amount below the typical resale value for comparable vehicles. Therefore, a terrible paint defect in a car that is known to have paint related problems is likely to impair your car’s value, especially if the market price of the car does not account for the problem.

Conclusion

Understanding which defects are covered by the used-car lemon laws is often easier said than done. The best way, therefore, is to speak to an experienced lemon law attorney, who can advise you on whether or not you have a significant defect(s) that substantially impairs your car.

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