Some California lemon law attorneys believe that it is possible to get a privately bought automobile refunded under the California lemon law by getting the seller to “sell” their Lemon Law rights with the sale of the vehicle. The California Lemon Law states that the vehicle must be purchased from someone who is an authorized dealer in order for the laws to apply. Unless there is a legal agreement that states otherwise, a private sale is always “AS IS”.
When buying a vehicle privately, you are hoping that the seller is honest in telling you the condition of the car. Some states may require the seller to fill out an odometer statement and have the vehicle pass emissions testing, but it is beneficial to you to get the vehicle checked out by a mechanic as well. Still, there are no guarantees. This does not mean that every privately sold vehicle is going to be a lemon, because there are good ones out there, but if you do buy a “lemon”, in most cases, it is your loss. Every situation is unique and if you believe that you have a legitimate lemon law case, a consultation with a lemon law lawyer experienced in your state laws can help you decide how to proceed .