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Los Angeles Used Car Lemons

Pursuing Remedies Under the Lemon Law

A "lemon" car has significant defects that affect its safety, value, or usefulness, and the problem cannot be repaired despite multiple repair attempts by the manufacturer or dealer. Lemon cars can cause financial and safety concerns for their owners. The issue of used car lemons is particularly prevalent in Los Angeles, where thousands of pre-owned vehicles are bought and sold yearly.

Unfortunately, some of these cars are sold without proper disclosures of known defects, leaving unsuspecting consumers with unexpected repair costs and safety hazards. The good news is the Lemon Law can protect consumers in certain situations. Knowing your rights is crucial when purchasing a used car and seeking remedies if an issue exists with your vehicle.

At O’Connor Law Group, P.C., we have extensive experience representing consumers in Los Angeles in used car lemon law cases. Our attorneys listen to our clients, review all relevant documents, and take the time to develop a customized legal strategy. Skilled negotiators and litigators, we are prepared to seek just outcomes inside or outside the courtroom free of charge.

Discuss your Los Angeles used car lemon case with one of our lawyers. Please contact us online or call us at (949) 390-9695.

What Is a Lemon Car?

A vehicle may be a lemon if it has one or more issues that multiple repair attempts cannot resolve. Laws exist to protect consumers in this situation.

The California Lemon Law requires manufacturers to replace or repurchase vehicles that meet specific criteria, including the following:

  • The vehicle has a defect(s) that substantially impairs its use, value, or safety.
  • The manufacturer's warranty covers the defect(s).
  • The manufacturer has made a reasonable number of attempts to repair the defect(s) but has been unsuccessful.

Does the Lemon Law Apply to Used Cars?

If you purchase a used vehicle and it has a substantial defect that cannot be repaired after a reasonable number of attempts, you may be entitled to a replacement or a refund. To qualify, the vehicle must be covered under warranty. This can be a manufacturer's warranty, a dealer's warranty, or even an implied warranty that constitutes an unwritten promise that the car will function as it was intended. It must have been presented for repair more than one time under warranty.

Used vehicles can also qualify for lemon law protection. This includes:

  • Certified Pre-Owned vehicles
  • Vehicles sold with a dealership warranty, such as CarMax or Carvana
  • Other used vehicles may apply under certain conditions

Understanding Implied Warranties for Used Cars

Implied warranties are legal protections that apply to the sale of goods, including used cars, even when no written warranty is provided by the seller. These warranties are automatically applied under state law and ensure that the vehicle sold meets basic standards of functionality and safety. In the context of used cars and Lemon Law cases, implied warranties play a crucial role in protecting consumers when defects arise after the purchase.

One of the most important implied warranties in California is the implied warranty of merchantability. This warranty guarantees that the vehicle will operate as expected for a reasonable period. It assures buyers that:

  • The car is safe to drive: The vehicle should be in sound working order, free from significant safety hazards such as faulty brakes, steering issues, or airbag malfunctions.
  • The vehicle will perform its basic functions: The car should be able to provide reliable transportation. This includes working engine components, transmission systems, and other essential parts like lights, windows, and electrical systems.
  • The car meets the standards of an average used vehicle: The vehicle does not have to be perfect, but it must function comparably to similar cars of the same age, make, and mileage.

Common Issues with Lemon Cars

When assessing whether a used car may be a lemon, several issues frequently arise:

  • Transmission Failures: Problems with gear shifting or slipping can significantly affect drivability.
  • Engine Defects: Persistent engine stalling, overheating, or failure can be a major concern.
  • Electrical Issues: Malfunctions in lights, windows, or dashboard instruments can signal deeper problems.
  • Safety-Related Defects: Issues with brakes, steering, or airbags can pose serious safety risks.

If you experience any of these problems, it’s crucial to document them and take appropriate steps to address the situation. Contact us for personalized guidance.

How to File a Used Car Lemon Claim in Los Angeles

If you have purchased a used car in Los Angeles that turns out to be a lemon, you may be entitled to compensation or a replacement vehicle under the California Lemon Law.

Below are steps you can take to prepare for your claim:

  • Collect Evidence: To file a lemon law claim, you must have evidence that the car has a significant defect that substantially impairs its use, value, or safety. This evidence should include all invoices, work orders, and receipts for the repairs made by the manufacturer or dealer. Keep a detailed record of all communication with the manufacturer or dealer regarding the repairs.
  • Attempt Repairs: Before filing a claim, you must have made reasonable attempts to have the issue repaired. You should have taken the car to the manufacturer or dealer for repairs more than one time, but the problem persisted despite their efforts.
  • Consult with an Attorney: It's essential to consult with an experienced lemon law attorney before taking action. attorney can help you negotiate a settlement or represent you in court if necessary.
  • File a Claim: To file a claim, your attorney will send a written notice, called a Complaint, to the manufacturer outlining the defects and the attempts made to repair them. You may pursue several avenues to seek remedies, such as litigation or through trial if you are unable to get a remedy initially.

Remedies Under the California Lemon Law

If your vehicle is deemed a lemon, you may be entitled to several remedies, including:

Replacement Vehicle

If your used car is deemed a lemon, the manufacturer may be required to provide you with a comparable replacement vehicle at no additional cost. 

Refund of Purchase Price

If your used car qualifies as a lemon, you may be entitled to recover the amount you paid, minus a reasonable deduction for any usage prior to reporting the defect. This refund typically includes the purchase price, taxes and fees and, recover interest paid if you financed the vehicle.

Compensation for Incidental Damages

In addition to the primary remedies of replacement or refund, consumers may also be entitled to compensation for incidental damages incurred as a result of the lemon. This could include repair costs, towing costs and rental car expenses in the case you had to rent a vehicle while your lemon was being repaired or replaced.

Get Legal Representation for Your Case

Purchasing a used car lemon in Los Angeles can be a frustrating and costly experience. Still, you may have legal protections and remedies available. An attorney can help you navigate the claims process and safeguard your rights.

At O’Connor Law Group, P.C., we can evaluate your case and help determine your legal options. Contact us online or call at (949) 390-9695.

  • Can My Case Be Resolved Without Having to go Through Formal Court Proceedings?
    In some cases, yes. The manufacturers have no incentive to engage in costly litigation for a case they believe they will lose. As such, some of our cases are resolved without a lawsuit.
  • What Fees Will I Have to Pay to Hire O’Connor Law Group, P.C.?

    We do not charge our clients any up-front fees. The California Lemon Law includes an attorney’s fees provision which allows us to collect our fees and court costs from the automobile manufacturer at the successful resolution of the claim.

    Pursuing your California lemon law claim, therefore, is economically feasible, even if you weren’t in a position to hire an attorney. Moreover, our contingency fees would not be due until we recover settlement proceeds.

  • Can O’Connor Law Group, P.C. Help Me if I Live in a Rural Town Hundreds of Miles Away From the Nearest Major City?

    Yes. We handle lemon law cases throughout California. If needed, we will travel to your local area at no cost to you. If it is necessary to file a lawsuit in your case, the matter will be filed and litigated in your local county or district court.

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