California’s Lemon Law protects consumers who discover that the vehicle they’ve purchased has serious issues that make it unreliable, unsafe to drive, or less valuable. As a general rule, the Lemon Law applies to vehicles purchased from dealerships or other retail sellers. This raises a question: Does the Lemon Law apply to private sales as well? The Barry Law Firm is here to answer your questions and explain the legal protections this critical consumer rights law affords you.
What Is California’s Lemon Law?
The California Lemon Law protects buyers or lessees when they purchase or lease vehicles under the manufacturer’s new vehicle warranty that have substantial defects despite giving the manufacturer a reasonable opportunity to fix the vehicle.
When a vehicle’s defect makes it a lemon, the buyer or lessee can seek relief under the Lemon Law. They can demand that the manufacturer buy back the vehicle and compensate them for losses caused by their vehicle’s issues, including:
- Down payments and trade-ins
- Loan or lease payments
- Remaining loan or lease balance
- Financing charges
- Sales and use taxes
- License and registration fees
- Towing charges
- Out-of-pocket repair expenses
- Alternative transportation costs
- Attorneys’ fees and legal costs
Does California’s Lemon Law Apply to Private Sales in San Diego?
The California Lemon Law does not apply to private sales. Instead, the protections of the law only cover vehicles purchased through a retail seller, such as a car dealership. Buying a vehicle from a private party, such as a family member, friend, or someone selling their car via a newspaper or online listing, means you do not receive California’s Lemon Law protections should the vehicle have unfixable defects.
Why Are Private Car Sales Not Covered Under the Lemon Law?
The Lemon Law does not cover private auto sales because the protections it provides arise from the warranties that a retail seller, such as an authorized dealership, makes when selling or leasing a vehicle. For example, when you buy or lease a new car, it will come with a manufacturer’s express warranty. Under this warranty, the manufacturer promises to fix design or manufacturing defects at no cost to the buyer or lessee when problems arise during the warranty period. When they are unable to make these repairs after having a reasonable opportunity, California’s Lemon Law holds them accountable.
However, if you buy a vehicle through a private sale, the seller does not make any warranties about the vehicle’s condition, merchantability, or fitness for purpose. Instead, private vehicle sales typically involve “as is” transactions, where the buyer agrees to purchase the car in its current condition. This means the Lemon Law does not protect buyers in private transactions.
When Can Cars Be Covered Under the Lemon Law?
The Lemon Law covers vehicles with severe defects purchased or leased in California. Various types of vehicles can qualify for protection under the Lemon Law, including cars, trucks, SUVs, and vans.
A vehicle may be considered a lemon when:
- It has a significant defect that negatively affects its value, use, or safety.
- The defect is covered by the manufacturer’s original warranty and starts while the warranty is still active.
- The manufacturer or an authorized dealer cannot fix the defect after a reasonable number of repair attempts.
What California law considers a “reasonable” amount of repair attempts depends on the facts of the case. Safety issues that create a risk of injury may require two or more repair attempts by a manufacturer or authorized dealer before an owner or lessee can seek relief under the Lemon Law. In less severe cases, the manufacturer may be entitled to more than two repair attempts. A car may also become a lemon when it spends an unreasonable amount of time in the shop during repair attempts.
What to Do If You Think You Have a Lemon Car in San Diego
Here are some practical steps you can take if you believe that your vehicle suffers from a serious defect that makes it a lemon under the Lemon Law:
- Take your vehicle to the manufacturer’s authorized dealer as soon as possible for warranty repairs.
- Take photos or videos of your vehicle’s issue, including before and after each repair attempt.
- Review your vehicle’s manufacturer’s original warranty documents to confirm that the issue falls within the warranty’s scope.
- Gather your purchase/lease documents, financing documents, and receipts of loan/lease payments.
- Keep copies of repair records, including inspection or diagnostic reports.
- Track the number of days your vehicle spends at an authorized dealer for repairs.
- Keep any bills, invoices, or receipts for out-of-pocket repair expenses, towing costs, and rental car or rideshare fees incurred during repair attempts.
- Contact a Lemon Law attorney from The Barry Law Firm as soon as possible to learn whether you may have a viable claim to compensation from your vehicle’s manufacturer.
It is important to note that there is a limited time to file a Lemon Law claim against a manufacturer, so don’t hesitate to contact us.
Contact The Barry Law Firm to Learn More
Now that you know the effect of the Lemon Law on private sales, you can better protect your legal rights should you learn that you’ve purchased or leased a defective vehicle. Still have questions or want to learn whether you have a viable claim under California’s Lemon Law? Then contact The Barry Law Firm today for a fast, free, no-obligation consultation with a Lemon Law attorney serving San Diego. California’s Lemon Law requires manufacturers to pay a consumer’s legal fees in a successful claim, and we never charge our clients, no matter the outcome of their claim. There’s no financial risk, so reach out today.
