California's New Car Buyer's Bill Of Rights New And Used Cars

By Author: danielaiden
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California's car buyers have new rights from the 1st of July, 2006. The Car Buyer's Bill of Rights has changed the way cars have been bought and sold in California.

California's new Car Buyer's Bill of Rights applies to motor vehicles bought in California from a dealer for the personal or household commuting. California's new Car Buyer's Bill of Rights applies to cars, minivans, SUVs and trucks. While some provisions in California's new Car Buyer's Bill of Rights apply only to used cars, others cover both new and used cars.

California's new Car Buyer's Bill of Rights does not cover private sales, leased autos, vehicles purchased or registered in other states, commercial vehicles, recreational vehicles and motorcycles.

Used car protection afforded by California's Car Buyer's Bill of Rights

The new Car Buyer's Bill of Rights states that you can purchase a two-day return option on used vehicles that cost $40,000 or less.

Do not buy a car under duress. Buy a used car at a dealership and get protected by return option and you can return the vehicle by the deadline.

You can get the option ...
... for reasons as the following:

* You have not come around getting the car inspected by your own technician
* You are buying the car as is

The option for returning a car

California's Car Buyer's Bill of Rights states that dealers can charge buyers for the return option and a restocking fee if you return the car. Some auto dealers may offer the return option and restocking fee at a lower price or even free. Shop around and negotiate to get the best protection for the price.

Under California's new Car Buyer's Bill of Rights to return the car, you must:

* Not drive the vehicle for more than 250 miles unless the dealer gives you a written permission to drive more
* Return the vehicle within two days unless the dealer gives you written permission for longer period
* Return the vehicle in the same condition it was in, when you bought it unless reasonable wear and tear is allowed by the dealer and you did not create more defects or problems
* Take copies of the original contract and other purchase documents as dealer retains the originals and keep them safe
* Personally return the vehicle and the original paperwork before the specified date and time as per the contract
* Sign and keep your copy of the written notice of cancellation from the dealer

While the vehicle is with you take good care of it. Do not speed it or abuse it. On return of the car, the dealer may charge you for damages caused while the car was with you. As a protection against false claims, take pictures of interiors and the exteriors of the car before you took it out of the dealership's showroom. If the dealer does not concede the return of the vehicle within two days mark the date, time and mileage on the vehicle and get legal advice.

California's new Car Buyer's Bill of Rights on Trade-ins

Your trade-in should remain with the dealer only till your return option expires. If your trade-in is sold before your return option expires, the dealer must give you the car's fair market value or the price listed in the cancellation agreement, whichever is more.

If your trade-in is not sold before your return option expires the dealer does not have to give you your old car until you return the car you just bought

Remember

* You do not have buy a car from the same dealer
* The dealer does not have to offer you the return option on the next car you buy from the same dealership
* Take a witness with you when you return the car
* Make arrangements for a ride home from the dealership or take a taxi

California's new Car Buyer's Bill of Rights on Certified' used cars

Used cars inspected by a mechanic are the certified pre-owned vehicles. Dealers, however can not advertise or sell certain problem cars as certified. These certified cars may still have serious problems which can be very expensive. If you plan to buy yourself a certified car get it inspected by your mechanic.

Under California's new Car Buyer's Bill of Rights, auto dealers must disclose in writing:

* The price of the vehicle without extra options and add-ons
* The specific price for add-ons like anti-theft devices, fabric protection, extended service contracts and gap insurance
* A copy of your credit score if you are getting a loan. This score is a financial report card based on the way you handle your loans and credit. A good credit score usually means you can get the lowest interest rates

California's other consumer laws for new and used cars

You have many rights under California's other laws that protect consumers, as the following:

* The state of California lemon law: It gives you the right to a refund or replacement if your new or used car with a factory warranty has serious defects
* The right to have a copy of the contract in the language you have used to negotiate the purchase. All the terms and conditions filled in the same language, before you sign it
* Legal relief if you were cheated, deceived, or defrauded: Consult a consumer attorney or a California lemon law attorney for legal help

The Magnuson-Moss Warranty Act: If the defects with your vehicle do not meet the requirements of the California lemon law, you may have claims under other state and federal laws that protect owners of new or used vehicles.

The Magnuson-Moss Warranty act is a Federal Law that protects you if your vehicle is defective and has an express written warranty. The Magnuson-Moss Warranty act applies to your defective vehicle that does not perform as it should. The Magnuson-Moss Warranty act greatly affects the rights of car buyers. a vehicle manufacturer cannot void the warranty on a vehicle due to an after market part unless he can prove that the after market part caused or contributed to the failure in the vehicle as per the Magnuson Moss Warranty Act -15 U.S.C. 2302(C). If your car is a lemon and has a written warranty, the warranter must permit you the choice of either a refund or replacement of the defective car.

This information is not intended as legal advice. Please direct your specific questions to K&M attorneys and know more about your lemon law rights. If you want to pursue your lemon law claim, call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation. Or submit your information online for your free case evaluation.