When you purchase a certified pre-owned (CPO) vehicle, you likely aren’t going to worry too much about breakdowns or malfunctions, at least not at first. The vehicle is supposed to go through a complete inspection, so everything should be fine, right? Even if something should go wrong, you must be protected under your state’s lemon laws…or are you? If your CPO car or truck has problems that can’t be fixed by the dealer after multiple attempts, you could be entering a gray area; your car isn’t new, yet it is in a different category than the average used car.
If you thought you made a good decision by buying a CPO car or truck, and now it is either not operational, unsafe, or otherwise much less than what you thought you paid for, are you out of luck? Before we get into how to pursue a claim, let’s define what a CPO vehicle is and how its special classification opens up potential lemon law protection questions.
What Makes a CPO Vehicle Different
Certified pre-owned vehicles occupy a unique position in the automotive market. They undergo manufacturer-specified inspections and are sold with extended warranties beyond the original factory warranty. This certification process and the written dealer warranties these cars come with imply quality and reliability above typical used cars.
How Might Your CPO Vehicle Qualify as a Lemon?
It’s best to work with a lemon law attorney when you think you may need to make a claim. Especially in matters involving CPO vehicles, there are too many gray areas that can impact your opportunity to gain compensation. In most cases, to make a legitimate lemon law claim for your CPO vehicle, it must still be covered by the manufacturer’s warranty (problems should have developed during the warranty period).
For more information on arbitration and other frequently asked lemon law questions, click here.
What additional requirements must you meet in order to pursue a claim? You can have your lemon law attorney review these with you to ensure you have a valid claim.
The vehicle’s problems must significantly impair its safety, value, or use, and they must remain unrepaired despite multiple repair attempts by the dealer.
Your attorney will determine if your CPO car’s specific problems fall under what’s covered by the manufacturer’s original warranty.
Timing is also key to a successful claim: the lawyer will review if the problems began during a specific timeframe or mileage amount, as defined by state lemon laws.
Add to all of the above requirements the fact that you likely received a written CPO warranty from your dealer. If this is breached, there are means to protect your rights that an experienced lemon law attorney can pursue.
State and Federal Lemon Law Coverage
Your rights regarding a CPO lemon vehicle can vary significantly by state. Some states extend lemon law protections to used cars, including CPO vehicles, while others limit coverage to new vehicles only. In states like New York, Minnesota, and Massachusetts, for instance, an attorney can help you pursue your CPO claim by using your state’s lemon laws. Other states don’t provide these protections, but your lawyer can use the federal Magnuson-Moss Warranty Act to help you pursue compensation.
Allen Stewart P.C.’s attorneys offer extensive experience winning lemon law claims, including via the federal Magnuson-Moss Warranty Act, which focuses on warranty obligations versus warranty timeframes. Call 866-440-2460 or contact Allen Stewart, P.C. online to consult with our lemon law experts.
The Lemon Law Claim Process
When you’re ready to file a claim, your attorney will navigate the process for you. It begins by notifying the manufacturer in writing about the vehicle’s defects and giving them a final opportunity to repair the problem. Sometimes you may be required to participate in a dispute resolution program before filing a lawsuit. This process often involves arbitration, where a neutral third party reviews your case and makes a decision about compensation or replacement. Your attorney will advise you about the best avenues to pursue depending on your state and circumstances. Many claims settle out of court, although some do go through litigation.
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Documenting Your Lemon Law Claim
Your most powerful tool in pursuing a lemon law claim for a CPO vehicle is documentation. Keep detailed records of every repair attempt, including dates, descriptions of the problems, and copies of all work orders. Take photos or videos of the issues when possible. Save all communication with the dealership and manufacturer, including emails, letters, and notes from phone conversations. This documentation helps establish a pattern of substantial defects and reasonable repair attempts, which form the backbone of your lemon law claim.
Your CPO vehicle likely came with multiple warranties: any remaining original factory warranty, the CPO warranty, and possibly an extended warranty. Your attorney will determine what protections these warranties provide for you. In many cases, the existence of a manufacturer-backed CPO warranty can help establish the manufacturer’s responsibility for defects.
Common Challenges with CPO Lemon Claims
Your attorney will be ready for the challenges that typically come up in CPO cases. Manufacturers can say that the problems existed before certification or resulted from normal wear and tear; that way they can try and get away without compensating you. They might claim that the certification process disclosed certain issues or that the problems aren’t substantial enough to qualify under lemon law. An experienced lemon law attorney has dealt with these tactics, knows what to expect and will work to protect your rights.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
If I Win My Claim, What Happens, Then?
If your claim is successful, the manufacturer might be required to repurchase your vehicle at the original purchase price, minus a reasonable amount for your use of the vehicle. Alternatively, they might replace your vehicle with a comparable model. In some states, you can potentially get extra compensation for things like repairs, rental cars, and anything else that went into fixing the faulty car. Pursuing the maximum compensation available to you is where your lemon law attorney can be of the utmost value.
Why You Need a Lemon Law Attorney
You might wonder if you need a lemon law attorney. With the complexities of state and federal laws, plus how these apply to CPO vehicles, you need a lawyer who knows how to navigate the process to a successful completion. Through representing clients in many hundreds of these types of cases, versus yourself, who may only face these issues once or at most a few times in your life, the attorney offers an exceptional advantage to you through their experience. Most importantly, lemon law attorneys typically work on a contingency basis, meaning they only get paid if you win your case, and their fees are often covered by the manufacturer as part of the settlement.
Contact Allen Stewart, P.C. for Expert Lemon Law Representation
Pursuing a lemon law claim involving a CPO vehicle requires expert representation. Allen Stewart, P.C. leaves nothing to chance—we are expert Texas lemon law attorneys and have won compensation for clients in multiple states, including California. There’s no need to let a CPO vehicle cause problems or drain your resources. By holding manufacturers responsible, Allen Stewart, P.C. can help you get the compensation you are owed.
Please note: We offer expertise representing clients in cases involving the latest automotive technologies, so should you be having problems with an electric vehicle (EV) or hybrid, do not hesitate to contact us.
You thought you made a good decision buying a certified pre-owned vehicle. You did what was best for your situation; no one can foresee every problem that might occur. But when things go wrong, you don’t have to wonder how to fight for your rights. That’s what Allen Stewart, P.C. does best. Contact us today by calling 866-440-2460 or contact us online.