There are numerous factors to think about when buying a second-hand used car. One of the most frequently asked concerns is what to do in the event that you spot an issue with a previously owned vehicle. It’s sometimes difficult to know the best course of action if you discover a problem with an old car. Sometimes , it’s difficult to determine the car is having issues or not.
In this article, we’ll look at the reasons to buy an used car that has problems and how you can claim your money back in the event that the vehicle turns out to be an unreliable lemon.
How Much Will it Cost to Pay for a Lemon Law Lawyer?
The lemon laws are typically intended to safeguard car owners from damaged vehicles that came under the original manufacturer’s warranty. In the event that the issue took place while the car was still under the car manufacturer’s original warranty and was purchased at retail , that is the situation in California. If you are one of the unfortunate owners of a car that was defective the laws may safeguard you from unexpected expenses and inconveniences, however, depending on the circumstances could also grant you an immediate buyback of your vehicle.
Unfortunately, people who purchase an used car also finance the purchase, and consequently, they remain in a loan for a vehicle even after they’ve signed the contract. They are still making payments on a vehicle with significant issues. In most instances it is the responsibility of proof falls on the person who purchased the used car to prove they purchased a vehicle that is defective because the law states that the purchase of a used vehicle occurs after the presumption period statutory of 18000 miles, or for 18 months.
What can to do in the event that you think that you purchased a car from a secondhand dealer with issues?
It’s More Than a Matter of Inconvenience , but also a matter of safety.
Cars used for sale may range from minor mechanical problems to ones that can be dangerous and put your life at risk.
Human beings are susceptible to errors, and, naturally automakers will have mistakes when designing and manufacturing of their cars.
The flaws in the production of cars can, of course not always deliberate and are not intended to hurt the consumers. In the end, car makers wish to keep their businesses going. The majority of carmakers will do their best to fix the issue, especially if the car is still covered under the manufacturer’s warranty originally issued to the car.
In some instances dealers, manufacturers, or both, may intentionally lie to the consumer by concealing the existence of a long list of issues with cars. Consider this VW Diesel gate debacle of 2008.
Lemon Laws for Used Cars
Many states have passed laws to address the issue of defective used vehicles. California’s lemon law provides security to those buying used vehicles in certain situations.
There are certain requirements to be met. California lemon law imposes certain guidelines for consumers to file a claim under the lemon law whether for a brand new or used vehicle. There are three essential ones.1) The issue occurred within the vehicle’s initial warranty or warranty for pre-owned vehicles, 2) that the vehicle was purchased from a retailer or at a discount, and three) in which case the maker has tried to fix the car in a reasonable amount of time. If the issue persists after a reasonable number unsuccessful attempts by the company, it is required to offer the customer an alternative or refund the amount of the car and the down payment, as well as any installments made up to date, or pay off the loan balance of the vehicle and also pay the customer any consequential or incidental damages in the event that the consumer prevails.
Laws For Defective Cars
Federal law also offers some protection in respect to lemon laws in the Magnuson Moss Warranty Act. A consumer can avail themselves of the Uniform Commercial Code (UCC). In California however, the protections provided through the Song Beverly Consumer Warranty Act and the related statutes offer the consumer with a greater remedy consumers than Magnuson Moss Warranty Act or the UCC due to the broad interpretation of these statutes.
What Can You do if Your Used Car is a Lemon
If you think you purchased a lemon that was used and the seller doesn’t take action, the next steps will assist you in building a strong case.
The first step is to check the car’s warranty to see whether the vehicle is under the original warranty.
Use car reports like Carfax as well as AutoCheck to find a record of the vehicle.
You should take your car in to be inspected or repaired at a certified car repair facility. For instance, if you purchased a Toyota which is still covered under the warranty of the car you purchased and you want to bring it to an approved Toyota facility. If needed, you can have an auto inspector, who is trained in lemon law, examine your vehicle.
There’s always a possibility that the issue is structural, mechanical or a mix of both. If you’ve had previous repair and service, make sure that you keep all of your records in order. This includes invoices, repair orders for work and other documentation associated with maintenance and repairs. It is important to inform the repair facility about the issues you’re experiencing regarding your automobile. When you receive the repair order, go through it to determine whether repair facilities have written in the repair request the issue the vehicle is experiencing.
Check for Prior Accidents
Find out more information about the car. It is important to determine if the vehicle has an salvage title or it was involved in any prior incidents or is deemed to be to be a lemon. It is possible to do this by CarFax as well as an independent inspection conducted by a third party car inspector. Find out more here.
The Department of Justice National Automobile Title Information System can collect details about the history of your car and give you the information. Also, ask the dealer to supply you with a few such reports. If they’re confident that they’re offering you a vehicle that is in good shape and in good condition, they shouldn’t have a reason to should refuse to provide you with the information, if it’s a means of the sale.
Need help from an Lemon Law Lawyer
A reputable lemon law attorney will help you determine the strength of your case, particularly if it’s an issue with security. A lawyer can help your through all the process to ensure that you don’t need to tackle it on your own. Let an expert in lemon law handle the situation.
The Mission Viejo law firm offers free and confidential consultations. If we decide to take the case you have, then you will not liable to pay us any fees. The California Song Beverly Consumer Warranty Act covers attorneys’ fees and expenses. Find out more on Luis Aguirre Law by visiting our other profiles online, such as Foursquare as well as the Chamber of Commerce.
It is always best to purchase a used vehicle from a trusted seller instead of purchasing a brand new vehicle from a dealer. A used car purchased from an established seller is the most effective way to acquire a reliable used vehicle.
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