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Consumer groups slam California Supreme Court ruling on lemon law

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Suzanne Potter

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(California News Service) Millions of Californians buy used cars still under a manufacturer's warranty - but consumer groups say those warranties are now essentially unenforceable.

It's the result of a ruling Thursday by the California State Supreme Court. The panel of judges agreed with car manufacturers that the state's so-called "lemon law" only applies to new cars.

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"You won't be able to tell the manufacturer, 'Hey, you have to fix my car or I want a refund.' The manufacturer can just blow you off," said Rosemary Shahan, president of the nonprofit Consumers for Auto Reliability and Safety.

Owners of these used vehicles could be faced with big unanticipated repair bills if the manufacturer opts not to honor the remainder of the warranty. The court ruling means they will no longer have a right to a refund or replacement vehicle.

Shahan said she thinks that now the California Legislature should step in. She said other states already have acted to better protect used-car buyers.

"A number of other states have used car 'lemon laws,' where they mandate warranties," she said, "and they say if you pay a certain amount for a used car, that the warranty has to last for a certain period of time, and you have the right to get a refund or replacement."

The case, Rodriguez v. Fiat Chrysler of America Inc., has been in litigation for several years. Lemon-law experts say it is unclear whether this decision covers what are known as "certified" used vehicles - promoted by the manufacturers as "like new."