does any one know what requirments have been indispensable for californias lemon law to be enforced when a automobile has been purchased as used from a dealership, as well as a subsequent day a automobile give up working??? The dealership will not take a automobile back, or work with me upon regulating a car. we am right away stranded with a outrageous automobile remuneration as well as a automobile does not even run.
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there is no used car lemon law, never buy a car from a dealer that has as is on the window sticker, and now you know why, sadly, you needed to slow down, take the car to a mechanic BEFORE YOU BOUGHT IT. NOT AFTER. This is the wrong way to buy a car, a reputable dealer, will offer a 30 or 60 or 90 day warranty (which means the car has been mechanically inspected by a qualified mechanic, and found to be in good enough shape to get a warranty. People have all the time in the world to take a used car to the mechanic, but they get in a big tearing hurry, or listen to some fast talking salesmans pitch and do not cover their butt by taking the car to a mechanic.
take the car to your mechanic, if you do not have a trusted mechanic, you need to find one asap, especially if you are going to be buying used cars. On any used car, the best thing to do is test drive the vehicle cold after it has been sitting overnight. Start it up, give it a minute or two to warm up, stick it in gear and take off, any used car, that will run decent when cold, and not make horrible rattling and banging and knocking and blow big clouds of smoke, may not be in too bad of shape. If you can get it to fire up and take off and run drive and stop good cold, keep driving, always drive ANY USED CAR FOR AT LEAST 30 TO 40 MINUTES. most cars take a minimum of 20 minutes to warm up properly. If there is not enough gas, bust the salesmans wallet, whatever ( I have even paid for gas myself occasionally, ) but I want my 40 minute test drive period. Lets hope it is something simple, and your mechanic is able to keep you on the road, I have empathy for your situation, it really sucks to have a new to you used car, break down the next day. best of luck, here is a website that has lots of information about used car buying, http://www.samarins.com has tons of free info on what to look for when buying a used car, and there is a section for used car reviews that may be helpful, study this information well and it can save you a expensive mistake http://www.nada.com is a free consumer website that you can look up the price of almost any used or classic car or boat or truck,
The best way to keep from getting screwed by some sorry worthless dealer, is be well informed, and know what to look for, and what to look out for when buying used cars ok.
the "LEMON LAW" is for brand new cars. if you bought a used car from a dealership it should have had some type of warranty
If the car was sold to you "as is", the dealer doesn’t have any responsibility to you. Lemon laws protect the owners of NEW cars from serious, recurring defects. If you’re in CA, you could have purchased the right to return the vehicle within 48 hours. CA is the only state in which you have that right. I’m guessing you didn’t do that.
You could take the dealer to small claims court and claim that he misrepresented the car to you. I know that you bought the car AS-IS and the laws are against you but most judges in small claims court will side with the plaintiff if they feel the defendant took advantage.You need to find out what is wrong with the car and how much it will cost to repair as that will be the damages you can claim. If you could get a mechanic to go to court as your witness that would help. Its worth a try if he is unwilling to work with you.
Lemon Laws are for new vehicles with reoccurring problems. Each state has a defined number of times an issue must occur before the law takes effect, and the dealer must document each attempt to fix. Some state include used vehicles, but the one caveat for each is that the vehicle must still be under the original manufacturer’s warranty. This is usually to include "pre-owned certified" cars with lower miles.
If you purchased it "as-is", as you probably did as each transaction is deemed that way unless noted in writing, then you’re the owner of any issue that occurs once you sign paperwork and drive off. Pursuing the Lemon Law will only lead you down a long, endless path. Your car cratering the day after purchase does not invoke any law. If you have a warranty with the dealer, use it… if not, you’re on the hook for any fix. I know it sucks, but the law doesn’t help you as you wish in this situation.
And, whatever you do, do not refuse to pay your monthly payment. The lender does not care if the car runs or not, they’ll still collect on the note.
You were the victim of bad luck.
(**Side note… running to small claims court is not the answer. The laws are very clear and are on the side of the seller, mainly to stop people from buying a car on Friday and returning it on Monday. You will go into court, tell them your side, the defendant will then say, "on such-and-such date, I sold the plaintiff a car for $_____, as-is, per this contract." The case will be over. Despite the advice given above, judges are not sympathetic to someone’s perceived plight. They are bound to and uphold the laws of each state. For all anyone knows, you could’ve driven the car like a maniac on the way home and caused the issue yourself. Not saying nor implying you did, but that’s how a court will see it… they look at all possibilities and it all comes down to what’s in writing. "As-is" means just that in court. You will waste your money filing court fees and waste your time.)