Q: what rights do i have when i purchase a "certified" car in california? dealer misrepresented what was on the "certified

A: You can sue the dealer for up to $10,000 in small claims court, if you feel that you have a case. You should read the "certification" contract carefully. It sounds like the salesperson verbally summarized to you what was on the report. You should have read it for yourself before signing a binding contract to buy the vehicle. You can try it in court, but I don't think you have any cause to complain. Your biggest hurdle in court will be proving what the dealer said to you. How can you do that?

A: You should have read it for yourself before signing a binding contract to buy the vehicle. You can try it in court, but I don't think you have any cause to complain. Your biggest hurdle in court will be proving what the dealer said to you. How can you do that?

A: In California, when you purchase a "certified" pre-owned car, you are granted specific protections under both state law and the terms of the certification program offered by the dealership or manufacturer. These certifications often imply that the vehicle has passed a rigorous inspection process and meets certain quality standards. If a dealer misrepresented what was included on the "certified inspection report," you have several rights and potential courses of action:

Misrepresentation and Fraud: If the dealer misrepresented the condition of the car or the contents of the inspection report, this could constitute fraud or deceptive business practices under California's consumer protection laws. You may have the right to seek rescission of the sale (returning the car for a full refund), damages for any losses incurred, or possibly punitive damages.

Lemon Law: While California's Lemon Law primarily applies to new vehicles, it can also apply to used vehicles that are still under the original manufacturer's warranty. If your certified pre-owned car is covered and has a persistent defect that the dealer cannot fix after a reasonable number of attempts, you might be entitled to a replacement or a refund.

Certification Program Guarantees: Review the specific terms of the certification program. Many certified pre-owned programs offer additional warranties or guarantees that go beyond the standard legal protections. If the dealer's misrepresentation violates these terms, you might have recourse through the program itself, including arbitration or mediation.

If you believe the dealer misrepresented the vehicle's condition or the inspection report, it's crucial to gather all relevant documents, including the sales contract, the certification documents, and any communication with the dealer. Consulting with a legal professional experienced in consumer protection or automotive law can help you understand your rights and the best path forward. Taking action promptly is important, as there may be time limits for pursuing certain remedies under California law.