Buying a certified pre-owned vehicle normally would provide a person a certain amount of peace of mind. You almost always get the remainder of the original manufacturer’s warranty, and a new CPO warranty, which is often 12 months/12,000 miles, which begins the day you buy the car, or the day the original manufacturer’s warranty runs out.
So what could go wrong?
A lot. The variables and complexities involved in CPO vehicles and lemon laws can be considerable. First, there are warranty considerations. Then, the attorney will review your evidence (we’ll discuss that in detail shortly), to determine exactly what the defect is that your car is exhibiting. Plus, the attorney must take into account whether state or federal law (or both) are applicable avenues for pursuing your claim. Finally, there’s the matter of the manufacturer, who (as we’ll discuss in a moment) may purposely try to complicate your case so they don’t have to provide compensation.
Before we dig into this in detail, we’ll help by pointing you to one of the best ways to deal with your defective CPO situation. Take advantage of a lemon law attorney’s free consultation. You get to present your evidence and find out if your car qualifies as a lemon in your state. Get the facts about your situation and find out how a top lemon law lawyer (866-440-2460) can help you hold the manufacturer accountable.
What is a CPO Vehicle?
Maybe you’re reading this and haven’t bought a CPO vehicle yet, but are considering it. You’ve probably seen the ads: save money on the car or truck you want; the vehicle has gone through a 100-point inspection, etc. As we mentioned, you’ll likely get favorable warranty terms, too.
For more information on arbitration and other frequently asked lemon law questions, click here.
Tip: Even though a CPO vehicle is vetted beforehand, you should still review vehicle history reports. So, with a CPO pre-purchase, use the same due diligence you would use with any other vehicle you would buy. It’s a good way to try and avoid a potential lemon situation.
How the Attorney Determines if Your CPO Vehicle Qualifies as a Lemon
Not all states cover used cars under their lemon laws; many state lemon laws only cover new cars. Some states have more favorable coverage for CPO vehicles than others. Even if your state doesn’t cover CPO vehicles, your attorney can potentially use federal law to pursue your claim.
Depending on where you live (and if used or CPO cars are covered in your state), your lemon law attorney will pursue your claim according to your state’s lemon laws. The overall premise to make a lemon law claim, even with state variations, is the same: the vehicle must exhibit a substantial defect that severely impacts its use, value or safety.
Then, the lawyer will take into account your specific warranty coverage. The key is often whether the vehicle is still covered by the original manufacturer’s warranty or a manufacturer-backed CPO warranty. Most successful claims require that the issues developed and were reported while manufacturer-backed warranty coverage was active. But you should discuss your specific situation with a lemon law attorney, as the attorney will know how best to pursue your claim.
Factors Involved in the CPO Vehicle Lemon Law Claim Process
With all the potential pitfalls and variables, having a lemon law attorney pursue your CPO defect claim is vital. The lawyer alerts the manufacturer about the claim via certified letter. Usually, the manufacturer gets one final opportunity to repair the vehicle. (Each state has different numbers of repair attempts they allot to the manufacturer; often 3–4).
While many lemon law cases settle out of court, the attorney will advise the best avenues to pursue compensation in your situation. It could be that you’re required to go through a state’s arbitration program, or you might use the manufacturer’s arbitration system. Regardless of the array of options, the attorney’s focus is always on protecting your rights and ensuring the manufacturer provides maximum compensation.
Key Takeaway: Since it is true that most lemon law cases settle out of court, the attorney’s negotiation skill will be invaluable. It can mean the difference between settling for whatever the manufacturer offers initially (without you using an attorney), to receiving maximum compensation due to the attorney’s knowledge of manufacturer behavior and strategies.
Structuring the Case Around Evidence to Prove the Defect
How does the lemon law attorney actually prove that your vehicle is exhibiting a substantial defect? They’ll start with your repair records and correspondence with the manufacturer. It will come down to all your letters, phone conversation notes, texts, photos, videos – everything you have that backs up your claim regarding the defect.
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Please note: Some of the hardest claims to prove can be successfully resolved via the expertise and experience of a lemon law lawyer. One of the top benefits a lemon law attorney provides is their ability to bring in expert testimony and access manufacturers’ internal communications (Technical Service Bulletins – TSBs), to help prove your vehicle’s defect. In addition to this, the attorney anticipates and counters potential challenges from the manufacturer. The manufacturer can try to deny, dismiss, or otherwise evade your claim. The attorney is ready for these tactics and will protect your rights.
How a Lemon Law Attorney Can Maximize Your Opportunity to Gain Compensation?
We’ve seen how a CPO lemon law claim could be pursued, and experienced attorneys know that so many things can affect a case. Ultimately, the focus is to protect the client’s rights by proving the vehicle’s substantial defect. If the defect cannot be repaired within the allotted number of repair attempts provided by the state, and all other lemon law criteria have been satisfied (warranty issues, timing, and more, depending on the state, or even potentially, federal law), then the attorney can move forward with the claim.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
As we stated, the manufacturer can complicate things by denying or evading the claim, and dealing with that on one’s own can be challenging. A lemon law attorney is the best choice to ensure your rights are protected, regardless of what variables crop up during the claim process. And, should your case go to court, (which could happen), the attorney will be well-prepared to face manufacturer resistance. A lemon law attorney’s skill and experience provides your best opportunity to stand up to the manufacturer and win.
Trust Allen Stewart, P.C. for Expert Lemon Law Representation
Allen Stewart, P.C. provides expert representation for CPO claims and all types of lemon law cases. We are well-known lemon law attorneys that have won cases across the country, including complex cases involving the latest vehicle technologies. Our attorneys fight aggressively for you to hold the manufacturer accountable.
Please know that the manufacturer will defend its interests with its legal team. It is vital that you have a top law firm protecting your rights. You don’t have to worry if you can afford a lawyer. The manufacturer is obligated to pay your legal fees when you win your case.
Since you don’t have to pay us to represent you, and our case evaluation is also free, we encourage you to schedule your case review with Allen Stewart, P.C. now. Find out if your vehicle qualifies as a lemon and how we can pursue compensation for you. Don’t wait. Time is of the essence with lemon law claims. Call Allen Stewart, P.C. today (866-440-2460) or schedule your free consultation online.