“Can I lemon a car if it was certified pre-owned?” is a common question from owners who end up with a defective used car. The answer is yes, the lemon law applies to used cars that are under warranty and were purchased from a retailer or dealership (not an individual). The category of used cars includes refurbished and certified pre-owned vehicles, which is good news if your car has a substantial defect that cannot be reasonably repaired.
However, manufacturers do not always honor these agreements, nor do they make it easy for you to obtain a refund or a new vehicle, which is your right under California’s lemon law. DTLA Lemon Law can represent your rights and fight for the justice you deserve. We have recovered millions of dollars on behalf of lemon law clients and know what it takes to achieve victory in these cases. Call us today to schedule a free case review.
Can I Lemon a Nissan Certified Pre-Owned Vehicle?
Yes, you can lemon a Nissan even if it was CPO (certified pre-owned), as long as you meet the following conditions:
- You purchased the vehicle from a certified dealer as opposed to a private seller.
- You purchased the vehicle with a warranty.
- Repeated attempts were made to fix the problem, but to no avail.
Let’s talk a bit more about “repeated attempts” and exactly what this entails. Essentially, this means that the manufacturer or authorized repair shop has been unsuccessful in fixing a defect with the car after four or more attempts. If the defect is serious enough to cause injury or death, the car is declared a lemon after 2 or more unsuccessful repairs. Finally, if the vehicle is in the repair shop for more than 30 days, the buyer is entitled to a full refund or a new replacement vehicle.
Which Models are Covered under California’s Lemon Law?
California’s lemon law covers automobiles that are purchased for “personal, family, or household” use. Commercial vehicles are covered as well, as long as they have a gross weight of less than 10,000 pounds, and the business has no more than 5 cars registered in their name.
For your convenience, we’ve provided a list of Nissan models that are covered under the CA Lemon Law:
- Nissan Versa
- Nissan Sentra
- Nissan Altima
- Nissan Maxima
- Nissan Leaf
- Nissan Z
- Nissan Kicks
- Nissan Rogue
- Nissan Rogue Sport
- Nissan Murano
- Nissan Pathfinder
- Nissan Armada
- Nissan Frontier
- Nissan Frontier Pickup
- Nissan Titan
- Nissan Titan Pickup
- Nissan Titan XD
- Nissan NV 200 Compact Cargo Van
- Nissan NV1500 Cargo Van
- Nissan NV 2500 HD Cargo Van
- Nissan NV 3500 HD Cargo Van
- Nissan NV Passenger Van
What are my Rights if I was sold a Lemon CPO Vehicle?
If you have purchased a lemon car from a Nissan dealership, you have the option to receive a full refund (buyback or repurchase by the manufacturer) or a replacement vehicle. Some people are very devoted to a certain automaker or model and choose to receive a replacement car. However, you can actually choose a different model from your original purchase, as long as it’s within a similar price range.
The other option to ask for a full refund, which will compensate you for the price of the car at the time of your contract, along with sales tax, dealer-add ons, finance charges, and other collateral costs. However, the manufacturer may be able to deduct the mileage offset, which is the “mileage attributed to consumer use” prior to first repair attempt.
The lemon law provides a formula to calculate mileage offsets for new cars, but not for used vehicles. Thus, if your lemon car is a certified pre-owned Nissan, it’s left to you and the manufacturer to negotiate an appropriate offset amount. This is just one of many complexities that you may have to deal with when you are trying to assert your rights under the state’s lemon law. Furthermore, car manufacturers will exploit these gaps in the law to cheat you out of what you rightfully owed. Our California lemon law attorneys can protect your rights and ensure that you receive maximum payment from the manufacturer.
How long do I have to File a Lemon Law Claim?
The statute of limitations on a lemon law claim is four years in the state of California. The timeline begins from the date that you experienced a problem with the car, which is covered under the manufacturer warranty. Please don’t wait to speak with one of our attorneys if you believe that you were sold a lemon. Remember – you need to prove 1) that the vehicle has a defect; 2) the defect cannot be repaired after multiple attempts by the dealer / manufacturer; and 3) the defect impairs the vehicle’s safety, use, or value. Substantial evidence is needed to prove these points to the court’s satisfaction, so the longer you wait, the harder it will be to prove your case.
Average Case Value of a Lemon Lawsuit
There is frankly no way to provide an average value for a lemon law claim, as it depends on the losses you have personally suffered. For some clients, we’ve recovered payments that are in the range of $50,000 to $75,000. But other claims resulted in settlements of $250,000 or more based on the client’s out of pocket expenses (repairs, rental cars, having your car towed, etc.). If the buyer had an accident due to the vehicle’s defect, they can also demand payment for damages like medical expenses and pain and suffering. The buyer may also receive a civil penalty payment if the manufacturer is engaging in stall tactics or other attempts to avoid paying on a claim.
By consulting an experienced lemon law attorney, you can receive all the compensation that you are entitled to.
How long do I have to Wait for my Payment?
A lemon law claim may be resolved in just 30 days, though it depends on the complexities in your case and the resistance from the manufacturer. Due to these factors, it can take 3 to 6 months to recover your compensation. If court intervention is necessary, meaning Nissan refuses to compensate you, the process of settling your claim can take over a year. However, payment is fairly quick – usually within 30 days – once you win your case. Additionally, the manufacturer must reimburse you for all legal fees associated with your claim, so there’s no need to worry about the cost of hiring an attorney.
Second Opinion on Existing Lemon Claims
It’s undoubtedly frustrating when you’re waiting month after month for your case to be settled. Sometimes, a case is extremely complicated, and it’s valid that the settlement process is taking longer than expected. Other times, it’s a sign of your lawyer’s incompetence or lack of commitment to you as a client. If you’re wondering whether your case is on the right track, we can help with a second opinion consultation. One of our lemon law attorneys will review your case and let you know about the methods they would use to recover your payment. Depending on the circumstances, we may be able to settle your case in 30 days.
If you’re ready to explore your legal options, please call us to schedule a free second opinion.
Speak to a California Lemon Law Attorney
As the owner of a used vehicle, you are still protected under the state’s lemon law if your car is defective beyond a certain point. On the downside, calculating the losses you are due is more difficult with a certified pre-owned vehicle. You can expect a fight from the responsible party, but DTLA Lemon Law is with you every step of the way. We will take on your case at no cost to you under our Zero fee guarantee and fight for every last penny you deserve. The only time we get paid is when you receive compensation for the damages associated with your lemon car.
For a free consultation with a lawyer experienced in lemon law claims, contact our office without delay.
