Usually, the answer is no. There is no cooling off period in California. If you sign a contract stating you will purchase a vehicle, you should anticipate having to honor the terms of the contract. Some used car sellers (e.g. CarMax) offer return policies up to 30-days. This is separate from vehicle warranties. Every major vehicle manufacturer in the U.S sells vehicle with new car warranties - this means the manufacturer will fix the vehicle without charge for a specific time period and miles. If your vehicle cannot be repaired per the manufacturer’s warranty, then you may have a lemon.
Used vehicles may also be sold with a warranty. Check your Buyer’s Guide prior to purchase to see if the seller if offering a warranty. “AS IS” generally means no warranty is offered. Also, be careful of sellers offering extended warranties, or service contracts as “their” warranties. These contracts often disclaim all benefits you may receive under the lemon law.
Certified Pre-Owned Vehicles (“CPO”) are sold with a manufacturer used car warranty. CPO vehicles are inspected prior to sale, and the buyer must be provided with the inspection report prior to sale. If your CPO vehicle has issues contact Contact our California lemon law attorneys we have extensive experience litigating cases for Certified Pre Owned lemon vehicles..
Returning a Used Car
Consumers who purchase a used car for less than $40,000 must be offered a two-day or three-day contract cancellation option agreement. Most dealers charge for a Contract Cancellation Option – around $500.00 or mor, and most buyers decline the option. Furthermore, this option is not available for, new cars, private party sales, ORV’s, RV’s, motorcycles, and commercial vehicles.
If you have an contract cancellation option in place, many dealers may still charge a re-stocking fee. Also, be wary of sellers who ask to fix the vehicle first before you return the vehicle. They know once the clock runs out on the contract cancellation option, then they are off the hook. If a seller asks to fix the car first prior to you turning it back, then ask for a WRITTEN extension of their Contract Cancellation Option.
Returning a New Car
Since new cars are expected to be in working condition and without defects, there are specific lemon laws that protect consumers who purchase a defective vehicle.
Can You Return a New Car Back to the Dealer?
If you've recently financed a car only to find out it is a lemon, you should contact an attorney. We do not recommend abandoning your vehicle at the dealership. If your vehicle has issues, first demand that the dealer fix the vehicle. In California, consumers are protected under the Lemon Law. However, it is necessary to give the manufacturer an opportunity or opportunities to repair the vehicle under warranty.
Before returning your vehicle back to the dealer, know your rights and their limitations under the law. If you have questions contact Contact our California lemon law attorneys The law states has additional protections for vehicle with repair issues within the 18 months or 18,000 miles of use. If substantial repair attempts have been made and the car still is defective or unrepairable, then it falls under California Lemon Law requirements for consumer return of the vehicle. The consumer will be entitled to a vehicle replacement or a car buyback.
If you have issues, the first step is to demand the manufacturer repair your vehicle according to their warranty. If your vehicle continues to have issues, then you probably have a lemon.
Let Us Help You Protect Your Rights Under Lemon Law
Lemon laws protect both new and used car buyers. If you purchased a defective vehicle, you can file a lemon law claim.
Lemon law cases can be complicated. You will need to present sufficient evidence to prove that your vehicle is a lemon. Our California attorneys at O’Connor Law Group can help you prepare your lemon law case so you can receive the compensation you deserve.
Contact O’Connor Law Group, P.C. today at (949) 390-9695 to schedule a consultation!