What Are Consumer Rights on Returning a Used or Defective Car?
Attorney Jessica Anvar is a leading expert on Lemon Law: the law protecting the rights of consumers who have purchased or leased defective vehicles and other consumer products. Below she explains consumers’ rights and her tips on how to fight for them.
If a consumer qualifies under the Lemon Laws, what are they entitled to?
If your consumer good or vehicle qualifies as a lemon, then you are entitled to receive a replacement or refund, which consists of your down payment, monthly payments, registration, taxes, and incidental expenses such as a rental car or tow expenses, plus reasonable attorneys’ fees and costs. The manufacturer is entitled to deduct a usage fee for the value of the miles placed on the vehicle up to the first time it was taken in for repair work for the problem or defect that resulted in it being a lemon. If you can demonstrate that the manufacturer willfully failed to repurchase the vehicle, you may also receive civil penalties up to two times the purchase price of the vehicle.
What are consumer rights on returning a used car?
A used car can and often does qualify under the lemon laws as long as it was sold with a written warranty. Often times, used vehicles are sold while still under the manufacturer’s warranty and/or a warranty from the dealer. If this is the case, then your used car may qualify under the lemon laws. If this is the case, the consumer is eligible to receive a refund of all monies spent on the vehicle, a loan payoff (if any), the payment of his/her attorney’s fees and costs, and civil penalties up to two times the purchase price of the vehicle.
The statute of limitations is generally four years from the breach of a written warranty and two years from the breach of an oral representation, promise, or warranty.
How long do you have to process a claim against the seller?
The Lemon Law claim is made against the manufacturer of the consumer’s vehicle and/or the dealership that sold/leased the vehicle to the consumer. The statute of limitations is generally four years from the breach of a written warranty and two years from the breach of an oral representation, promise, or warranty. This means the consumer has ample time to assert a lemon law claim. For example, if the consumer purchased a 2019 Chevrolet Cruze, the consumer would have four years from the breach of the written warranty to bring the claim. Chevrolet vehicles have a three year/36,000 mile warranty and five years/60,000 mile powertrain warranty. This means that if the consumer experienced powertrain defects towards the end of the warranty in the year 2024, they could assert the lemon law claim four years later, i.e., in 2028.
Make note of the names of the people who worked on your vehicle – this includes the service advisors, technicians and/or any mechanics
Lemon Law Tips.
If you believe your vehicle is a lemon, there are some tips you should be mindful of…
(1) If you think there is something wrong with your vehicle, take it in for service and make sure it’s documented;
(2) Be sure to accurately report any and all of your concerns to the service advisors – take care that they document all the issues you report;
(3) Keep all your documentation for all repairs – your lemon law attorney will need to review these to evaluate and support your claim;
(4) Make note of the names of the people who worked on your vehicle – this includes the service advisors, technicians and/or any mechanics;
(5) Finally, if you have had repeated repairs during the warranty period you should contact an attorney to discuss your matter.
How complicated can these cases become? When should someone consider hiring a lawyer?
These cases are complicated and the success of a lemon law claim does depend many times on the knowledge and skill of the law firm representing the consumer. Many lemon law attorneys will shy away from litigation and attempt to settle their clients’ claim without filing suit. At our firm, we analyze the strengths and weaknesses of every detail of all of our cases and make decisions based on the facts related to the vehicle and nothing else. We have many star attorneys and trial attorneys who work at our firm and we are constantly preparing for and attending the trial to represent our client’s interests best and maximize his or her recovery. We have turned meagre cash offers into jury verdicts and settlements consisting of full repurchases, two times civil penalties and the payment of our clients’ attorneys fees and costs.
Jessica Anvar, Esq.
Managing Partner | Consumer Law Experts, P.C.
D: 310-442-1410 Ext. 103
A: 5757 W Century Blvd., Suite 500
Los Angeles, CA 90045
Attorney Jessica Anvar is the Founder and Managing Partner of Consumer Law Experts, PC, in Los Angeles, California. Ms. Anvar focuses her practice on Lemon Law by protecting the rights of consumers who have purchased or leased defective vehicles and other consumer products. She has extensive experience with California and Federal Lemon Laws.
Ms. Anvar graduated cum laude with degrees in philosophy and political science from the University of California, Los Angeles. She also holds a Master of Business Administration degree from Loyola Marymount University and earned her law degree from Loyola Law School, Los Angeles. During her time at law school, Ms. Anvar was involved with Loyola’s Center For Conflict Resolution, whereby she became a California Certified Mediator. She has been admitted to practice in California since 2007.
Since founding Consumer Law Experts, PC Ms. Anvar has been involved in various high-profile cases fighting on behalf of her clients against powerful automotive companies.
Ms. Anvar is a dynamic and entrepreneurial California consumer litigation attorney who has helped thousands of clients over the last 10 years. She is a self-taught legal marketing and advertising guru who has lead Consumer Law Experts to prominence in Lemon Law. Jessica is also the co-founder of LawLinq, Inc., a California State Bar Certified Lawyer Referral Service which connects consumers in need of legal services with qualified lawyers (www.lawlinq.com). Jessica is a UCLA undergraduate and JD / MBA graduate of Loyola Law School.
In addition to being an active attorney and diversified entrepreneur, Ms. Anvar is also active in her local legal community. She belongs to professional organizations including the Los Angeles County Bar Association, the American Bar Association and the Consumer Attorneys Association of Los Angeles. She lives in Los Angeles with her husband, three sons and a loving dog, Happy.
During the last decade, the Lemon Law Experts have helped thousands of consumers recover millions of dollars in refunds and cash compensation for their defective vehicles. As California’s best lemon law firm, the Lemon Law Experts work with the major vehicle manufacturers including GM, Ford, Chevrolet, Fiat, Chrysler, Nissan, Honda, Toyota, BMW, Mercedes-Benz, Volkswagen, Land Rover…and all others.
The Lemon Law Experts serve clients throughout the state of California. Whether you are located in San Francisco, San Diego or somewhere in between, we can help.
Our firm is well known in the legal community for being the top lemon law firm choice in the State of California. We have the proven track record, case results, star attorneys, and excellent support staff to obtain the best results for our clients.
Our team of Lemon Law Experts have successfully helped thousands of clients with their lemon law claims for over a decade and we have recovered millions in refunds and cash compensation.
If you have a defective vehicle, you should speak with an attorney who exclusively practices lemon law. We will work harder and smarter for you than any other lemon law attorney. We are the Lemon Law Experts. This is all we do, and we are here to fight for you.