You’ve just purchased a new or used vehicle, most likely investing a significant amount of money, time, and effort into finding the right option for you – and now, it’s having problem after problem. It can be incredibly frustrating to discover that a recently purchased car is plagued with defects that impact its use, value, and safety. And if the dealership can’t (or won’t) resolve these issues, you might have a lemon on your hands.
In this guide, we’ll explain everything you need to know about what steps you should take if you find yourself in this situation.
The Dealership Sold Me a Bad Car – What Can I Do?
When you purchase a vehicle that turns out to be defective, you have certain legal protections under state and federal lemon laws. These laws are designed to ensure that if a new or used car fails to meet quality and performance standards, the manufacturer – not the dealer – may be required to offer remedies like a buyback, replacement, or compensation.
What Kinds of Recourse Might I Have If the Dealership Sold Me a Lemon?
If you suspect that your car is a lemon, your primary recourse is through lemon law claims against the manufacturer. It’s crucial to note that these claims are directed at the manufacturer, not the dealership, as the laws are intended to hold manufacturers accountable for defects. In scenarios where a dealership might have misled you about the vehicle’s condition, referring those cases out as dealer fraud is necessary since they require different legal approaches.
For eligible lemon law cases, you can seek legal action that may include:
- Buyback: The manufacturer may be required to refund the purchase price of the vehicle minus a deduction for your use of the vehicle.
- Cash Compensation: In some cases, manufacturers offer cash compensation to cover the diminished value of the car due to defects.
What Laws Protect You from Bad Used Cars?
Both the federal Magnuson-Moss Warranty Act and state-specific lemon laws provide protection for buyers of new and used cars. Under California’s Lemon Law, if a car under warranty fails to function as promised and cannot be repaired after a reasonable number of attempts, the manufacturer must provide a remedy. This state law complements federal protections by covering both new and significantly used vehicles that still fall under the original or extended manufacturer’s warranty.
Together, these laws ensure that if your vehicle doesn’t meet the standards promised in the warranty, you have a legal pathway to achieve a fair resolution.
How to Know if Your Car Qualifies as a Lemon
There are specific legal criteria that outline what a lemon is and which defective vehicles qualify for legal action under the lemon law. Let’s break down the key legal terms used to define a lemon:
- Persistent Defects: Your car may be considered a lemon if it has a persistent defect that remains unresolved despite multiple repair attempts. Typically, this means that the same issue has been addressed repeatedly (usually three or more times) by authorized service centers, but the problem continues to occur.
- Significant Impairment: For a car to be deemed a lemon, the defect must substantially impair its use, safety, or value. This can include issues like engine failure, transmission problems, or significant electrical malfunctions that affect the vehicle’s operation or safety features. Minor annoyances or aesthetic issues usually do not qualify under this criterion.
- Warranty Period: The issues must arise while the vehicle is still under the manufacturer’s original or extended warranty. The lemon law typically covers defects that show up during the warranty period but may extend beyond if the initial complaint was filed while under warranty.
- Reasonable Number of Repair Attempts: The law often specifies what constitutes a reasonable number of attempts to fix the vehicle. In many states, if the car has been in the repair shop for more than 30 cumulative days for warranty repairs or if a serious safety defect has not been resolved after one or two attempts, it could qualify as a lemon.
- Time Period: The problems generally need to occur within a certain timeframe or mileage from the purchase, usually within the first 12 to 24 months or 12,000 to 24,000 miles. However, these conditions can vary based on your state’s specific lemon law provisions.
What to Do if a Dealership Sells You a Lemon
If you find yourself with a potential lemon, take these steps to get your case started and prepare for a potential lemon law claim:
- Contact a Lemon Law Attorney: The first step you should take if you suspect your vehicle is a lemon is to consult with a specialized lemon law attorney. A knowledgeable attorney can significantly simplify the process by evaluating your case, advising on the specific lemon law provisions in your state, and guiding each step to ensure that you are in line with legal requirements.
- Document and Report the Issues: Immediately document any defects and report them to the dealership or manufacturer. Keep a detailed log of all issues as they arise, as well as any warning lights or system failures, to provide your attorney with comprehensive information.
- Maintain All Repair Records: Save every piece of documentation related to repairs and communications with the dealership or manufacturer. Detailed records are critical for substantiating your claim, including repair orders and service reports that note the problem, the diagnosis, and any actions taken by the dealership.
- Ensure Repairs are Authorized: To comply with warranty conditions, make sure that all repairs are performed at authorized dealerships. This not only ensures that your repairs are carried out by certified professionals but also supports your claim by following the manufacturer’s prescribed procedures.
- Begin the Legal Process: Your lemon law attorney will handle the complexities of your case, including the preparation and submission of any necessary demand letters to the manufacturer. These letters are vital for formally requesting a remedy, such as a vehicle buyback or replacement, and will detail the issues; repairs attempted, and any failures to resolve the defects.
By partnering with an experienced lemon law lawyer early on in the process, you can make sure that your claim is handled as efficiently as possible. In the long run, this can save you a considerable amount of time – as well as hassle – and improve the likelihood of a successful outcome.
Dealing with a Lemon? We Can Help!
Figuring out what to do if you have a lemon can be a challenging process, but you don’t have to do it alone. At Prestige Legal Solutions, we specialize in California lemon law claims and can help you determine if your car qualifies as a lemon and what steps to take next. With our help, you can resolve your case as quickly as possible.
Contact us today for a no-obligation consultation, and let us help you secure the fair resolution you deserve.
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