A growing practice in retailing used vehicle’s by franchised automobile dealers is the “Certified Used Vehicle” program. These programs involve the dealership reconditioning the vehicle to satisfy standards set by the manufacturer of the vehicle, pursuant to which the vehicle is then “certified” by the manufacturer, which also provides a written warranty to the retail purchaser. Under these programs, a “Certified Used Car” can only be sold by an authorized dealership of the vehicle’s manufacturer. With a manufacturer’s Certified Used Vehicle, anyone can have repairs performed at any dealership authorized to service the manufacturer’s vehicles.
A Lemon Law claim can often be made against the vehicle’s manufacturer a “certified used vehicle” when a reasonable number of repair attempts have been made during the term of the “certified” warranty period.
The consumer should be aware that not all “certified” used cars are certified by the vehicle’s manufacturer. Many dealerships offer their own “in-house” used vehicle certification program, in which case the dealership will provide the written warranty on the certified used vehicle. In such a case, a Lemon Law claim can often be made against the selling dealership (as opposed to the vehicle’s manufacturer) when a reasonable number of repair attempts have been made during the term of the “certified” warranty period. With a dealership certified a used vehicle, the consumer can typically have repairs performed only at the selling dealership.