Can a Dealership Legally and Knowingly Sell a Damaged Car?

When it comes to the buying and selling of used vehicles, there are plenty of things to consider. This is because the laws in relation to used cars are very confusing, flexible, and tend to vary from state to state. As such, when it comes to purchasing a damaged used vehicle, many consumers do not fully understand what their options are. With that in mind, the following is a closer look at California's Lemon Law and how it affects those buying and selling cars in California.

California's Lemon Law

In order to understand your options in terms of purchasing a damaged vehicle in California, you must first take the time to better understand California's Lemon Law. This is because California's Lemon Law is one of the most unique in the country and has a unique language that you must understand before pursuing a case. Be sure that you understand the law or that you hire a legal professional who does. Otherwise, you may be setting yourself up for a case you can't win.

Compensation Choices

Before opening up a case, you should know that you have choices in terms of compensation. For instance, consumers who have valid claims may be entitled to refunds of the payments made to finance, lease, or purchase the vehicle. However, this can also be offset for the use of the vehicle between the time in which the vehicle was acquired and the time in which it was discovered that these repairs were needed. In this case, the amounts still owed on the lease or loan would be paid off by the manufacturer, but the vehicle must also be surrendered. On the flip side, those who wish to enact the cash and keep clause. This means that the consumer may be able to simply keep the car in exchange for a certain amount of cash. In cases in which the cars are inoperable, the dealer may be required to replace the car with a better functioning one first.

18 Months/18,000 Miles

No matter what type of car you have, what the purchase/lease agreement entails, or how much it's worth, you will be better off if you manage to file a claim during the first 18 months/18,000 miles of having the car. While the dealer does not get as much time as they need to fix any given issue, they are given a certain amount of time to fix the issue that falls under the number of months/mileage stated. Therefore, if a consumer feels it has taken too long for their vehicle to be repaired, and the time or mileage they have had the car is above these numbers, this is an automatic bad sign for the dealership.

Active Military

Anyone who knows anything about working with the active military knows that they are often bound by a totally different set of rules than the rest of us. This is because they are often required to quickly move from one location to the next as a means of fulfilling their specified duties in the armed forces. The same applies when it comes to purchasing vehicles. Since they can never be too sure when they will be expected to move, they cannot be bound by the laws of one state when it comes to their purchases. In other words, members of the armed forces who purchase cars from other areas but are stationed in California can use the California Lemon Law for their claims. On the other hand, those who purchased their vehicles in California before being stationed elsewhere can also use the California Lemon Law.

Business Vehicles May Also Qualify

Although many people think lemon laws are solely for consumers, they can also apply to business purchases. In particular, vehicles that weigh less than 10,000 pounds and that have been registered in California for no more than 5 years can qualify for the California Lemon Law as well. Therefore, if you have purchased a defective vehicle for your business that fits these restrictions, you may be able to seek compensation for the sale of this unreliable vehicle.

Overall, if you live in the state of California and recently purchased a defective vehicle, you have options. Although many people seem to think all sales of vehicles are as is, this couldn't be further from the case. In fact, when dealing with dealerships, there are actually plenty of options that will allow you to have your vehicle fixed or replaced. Rather than going it alone, investing in an attorney who is knowledgeable on California's Lemon Law can be one of the best ways to ensure that you are getting fairly compensated after purchasing a defective vehicle from a negligent party. There is never a need to allow a shady car dealer to win. Working with a trusted attorney can allow you to receive the compensation you deserve when you need it most.