Lemon Law Attorneys Blog

plug-free-img.png

Here’s the scoop on used car buyers’ warranty rights in California after the Rodriguez v. FCA US, LLC case.

Buying a used car can be a smart move to save some cash, but in California, used car buyers don’t have the same rights as new car buyers. The California lemon law used to protect used car buyers, but the California Supreme Court recently changed that.

 

The California lemon law gives buyers the right to get a refund or a replacement if a car needs a bunch of repairs that are covered by the manufacturer’s warranty. But in the Rodriguez v. FCA US, LLC case, the state high court said that used car buyers don’t have that protection anymore.

 

Even though the truck in the case had a lot of miles on it and had many repairs that were covered by the manufacturer’s warranty, the court ruled that it wasn’t covered by the California lemon law.

 

So, what does this mean for used car buyers in California? Well, there are still other laws that can help them, but they can’t rely on the California lemon law unless they bought their vehicles as certified pre-owned vehicles.

 

While the truck in this case had over 55,000 miles on it when it was sold, the California Supreme Court’s ruling applies to used vehicles with just 2,000, 200, or even 20 miles on them, as long as there was a previous sale, and the vehicle wasn’t sold as a certified used vehicle.

 

Even though California’s lemon law doesn’t apply to used cars with expired warranties, there are still other laws that can help you if you buy a defective used car. First, you have rights under the California Commercial Code, which applies to both businesses and consumers, if the manufacturer can’t fix your car under warranty within a reasonable time.

 

Second, you have the protection of the federal Magnuson-Moss Warranty Act. The Magnuson-Moss Warranty works together with state laws like the California Commercial Code, so you can get help if the manufacturer doesn’t live up to its warranty. The Act also lets you get your lawyer’s fees and court costs back, in addition to the money you get for the problems with your car.

So, even though used car buyers in California don’t have the California lemon law anymore, you might still be able to get some help if you’ve had ongoing problems that were covered by the rest of the manufacturer’s warranty.