I read article ab 1447 that says something about 30 days/1000 miles for buy here pay here dealerships in California.
Beginning January 1, 2013, all BHPH places in CA are required to give an express warranty for a minimum 1,000 miles or 30 days. If your place has sent financing out and does so regularly, that law may not apply. Regardless, if this happened to your vehicle there are a number of possibilities where you may still be able to get relief. Feel free to get in touch with my office for a no fee document review.
Lemon Law Attorney
I'm sorry to hear about the problems you are having with this car. I agree with Scott that this particular law would not apply to your situation, but that other laws may apply. Did the contract say that the car was being sold "as-is"? If not, then you can rely on the "implied warranty of merchantability", which says that a used car has to be in a condition to pass as a used car in the industry. In other words, it can't have such a defective engine that it will fail within a week, as your car did. That assumes that the engine failure was due to conditions at the time of sale, and that you didn't, for example, drive it without oil or coolant and that caused the engine failure. Even if it was sold "as-is" you may still have some rights, but a careful review by an attorney will be necessary.
I would recommend hat you have a mechanic give you a written estimate that explains the cause of the engine failure and the cost to replace the engine. Then gather up all the purchase paperwork and take that and the estimate to an experienced Lemon Law attorney in your area. If Scott is in your area, I would highly recommend you call him. Most of us do not charge for such a meeting.
In the meantime, feel free to visit my website and read my blog, When Bad Cars Happen to Good People.
Best of luck!
Consumer Protection Attorney
Generally, there is no cooling off period when buying a vehicle in California. When you buy a used vehicle, dealers will have to offer you a contract cancellation option if the vehicle is under a certain dollar amount. However, most people do not purchase the contract cancellation option, since it only gives the buyer a few days to cancel.
If you don't have a cancellation option, then the next thing to look for is whether the dealer committed some sort of fraud in the transaction. Our firm specializes in reviewing contracts to find fraud and other misrepresentations.
All states and jurisdictions have statutes that make it unlawful for any person or group of persons to hold themselves out as attorneys unless admitted and licensed to practice as an attorney at law. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free information about our qualifications and experience. This site may include information that constitutes a legal advertisement. Each of the attorneys at Rosner, Barry & Babbitt, LLP dba AUTO FRAUD LEGAL CENTER, is licensed to practice in the State of California, and the information contained herein applies only to California. They are not licensed to practice in other states. The materials on this site are provided for informational purposes only, do not constitute legal advice, and do not necessarily represent the opinions of Rosner, Barry & Babbitt, LLP or any of its attorneys. There are no guarantees that the materials are correct, complete, or current. This site is not intended to create and does not create an attorney-client relationship between you and Rosner, Barry & Babbitt, LLP and you should not rely on any information in this site without seeking the advice of an attorney. Do not send us confidential information via e-mail without first speaking with one of our lawyers and obtaining authorization to do so. E-mailing information to Rosner, Barry & Babbitt, LLP does not create an attorney-client relationship.Rosner, Barry & Babbitt, LLP cannot serve as your counsel in any matter unless you and our firm expressly agree in writing that we serve as your attorney. To the extent the State Bar rules require us to designate a single attorney responsible for this site, Rosner, Barry & Babbitt, LLP designates Hallen D. Rosner as the attorney responsible for this site. California lemon laws and California used car lemon laws protect consumers. There is a California lemon lawyer available that will help answer any questions that you may have regarding CA lemon law. The California lemon attorney at Rosner, Barry & Babbitt, LLP believes that helping consumers stay informed about their rights is an important way to prevent auto fraud and California car lemons. Our California lemon law attorney is available to help you understand your consumer rights. There is a California lemon law lawyer at Rosner, Barry & Babbitt, LLP that will explain your rights and help protect you from fraudulent car dealers.