Can I Sue a Dealer for Selling Me a Lemon?

After buying a car, you expect smooth drives and peace of mind. If all you’re dealing with instead are breakdowns, warning lights and trips to the service center, you may wonder if you are dealing with a lemon. A lemon vehicle is one that cannot be repaired despite numerous attempts. These repeated defects significantly affect the value, use or safety of the vehicle.

It’s vital that you understand your rights if you bought a new or used car from a dealership with serious defects. In some instances, you can sue the dealership for selling a bad car or you can file a Lemon law claim. It all depends on your state laws and if your car qualifies.

The Lemon Pros can help you determine if your car is a lemon and get the compensation you deserve for it. Our practice area centers around helping clients in California get a new car or a refund. We offer free consultations, so contact us today.

In this guide, we cover your legal options if the dealership sold you a bad car, explain the Lemon laws and show you how to file a claim successfully.

What Is a Lemon Car?

Not every defective vehicle is eligible for Lemon law protection. In California, the Song Beverly Consumer Warranty Act is the governing legislation regarding lemon vehicles. These laws state that the car must meet certain criteria, including having an unrepairable defect that substantially hinders its use, value or safety. This list of problems covered by Lemon Law is extensive. You could be dealing with frequent breakdowns, serious safety issues or persistent mechanical defects.

So, what cars qualify for Lemon Law and how do you know if you can start the process of suing a car dealership? If you bought or leased a new car, the following criteria apply:

• Defect must start within 18,000 miles or 18 months. You don’t have to file the lemon lawsuit within this time, but this is when the defect must have first begun.
• The vehicle is covered by the manufacturer’s warranty. The defective part must be covered for repairs. As an example, consumables such as wiper blades would be excluded.
• A reasonable number of repairs must have been attempted. For non-safety-related issues, you must allow for a minimum of four unsuccessful repair attempts. For critical safety concerns, only two attempts may be needed. However, if the dealership has had your car for more than 30 days, you may be eligible for compensation sooner.

There’s also a Lemon Law for used cars, but the terms are slightly different. Instead of getting 18,000 miles or 18 months to find the defect, it must be discovered during the warranty period. If you purchase a car as-is, there’s no warranty protection and you can’t file a Lemon law claim against the dealer.

Can I Sue a Dealer for Selling Me a Lemon Car?

If you bought a car from a dealership with problems in California, you want to take action. If you don’t file within the 4-year time limit, you could miss out on valuable compensation and you could get stuck with the lemon car.

However, not all issues are worthy of a lawsuit. Among the top reasons to sue a car dealership, the following are cases that we handle:

• Breach of warranty: If the dealer sold you a car with an implied warranty and failed to fix the substantial defects.
• Fraud or misrepresentation: If the dealer sold you a lemon knowingly without disclosing the issues.
• Violation of Lemon Law: When the vehicle meets California’s Lemon law criteria, you can sue the dealership or manufacturer for a replacement or refund.

When in doubt as to whether or not you have a case, it’s always best to speak with a lemon attorney for more advice.

How to Sue a Dealership for Selling a Bad Car

Can a dealership sell an unsafe vehicle? While they aren’t legally allowed to, it has been done and will continue to happen. That’s why it’s important to know what to do when the dealership sells a lemon. Your quick action can make all the difference when getting compensation.

Here are the steps to follow for the Lemon law process:

1. Identify the defects: Pinpoint the issues that you are dealing with and make sure they are covered by the Lemon Law.

2. Document everything: The key to winning a Lemon law claim is to document everything carefully. You bear the burden of proof with the claim. Gather all of your evidence, showing the defects and all the repair attempts. If you can, take photos and videos of the problem, so you can illustrate the effects it has on your daily transportation. You also want to have the purchase paperwork or finance note filed with your documentation.

3. Review the warranty terms: Check your warranty and the dealership policies to make sure you are getting everything you are eligible for. You may have covered repairs or the option to return the vehicle.

4. Attempt to resolve the problem directly: You should contact the dealership and manufacturer to report the defect. Express what you hope to get from the complaint and give them a reasonable amount of time to respond.

5. Consult with a Lemon law attorney: If you can’t resolve the issue, you should consult with an expert. They can help you understand your rights and guide you through the process.

6. File a Lemon law claim or lawsuit: If your vehicle qualifies for compensation, you can file a formal complaint with the dealer or manufacturer. In California, it’s required to file a demand letter before a claim. If there’s no response to that letter, you can file in small claims or civil court with the help of your attorney.

What Damages Could Be Recovered if a Lemon Lawsuit Is Won?

If you have a successful lemon lawsuit, you may be eligible for a refund, a replacement vehicle or a cash and keep settlement. Most buyers aren’t going to receive a full refund of the purchase price because miles were likely put on the car before the defect began. However, you may be able to recoup some of the cost, along with incidental expenses, such as taxes, registration, towing fees and a rental car. In exchange, you will have to return the vehicle to the dealership.

There’s also the option to get a replacement vehicle in exchange for the defective car. The dealership or manufacturer will supply you with a comparable vehicle, except it won’t need to be repaired.

If the defects aren’t severe and can be lived with, you may consider the cash and keep settlement. You receive money for the trouble and the dealer may allow for additional repair attempts. Either way, you won’t be able to file another lemon claim for this issue and you may be required to disclose the information when you sell the car, so these are aspects to be aware of. If you hire a lawyer, they will protect your decision and give you all the facts.

Average Payout if the Dealership Sold a Defective Vehicle

The average Lemon law settlement may be between $40,000 and $50,000, depending on the type of vehicle you drive and the trouble your car faces. The best way to ensure you get everything you deserve is to hire a Lemon law attorney who has a proven track record of winning. Best of all, many lemon attorneys work on a contingency basis, meaning there’s no obligation to pay anything until the case has been won.

How to Avoid Buying a Lemon in the Future

While there may be some security knowing that you can get compensation for a defective car, it’s best to prevent the issue in the first place. Here are a few tips to help you avoid buying a lemon car:

• Always get a vehicle history report, from a reputable website such as CARFAX.
• Ask for a pre-purchase inspection from a third-party mechanic.
• Check dealer reviews and investigate its reputation on sites such as Better Business Bureau (BBB).

Above all, take your time making a decision. If something doesn’t feel right about the deal, don’t feel obligated to sign on the dotted line. Sleep on it and see how you feel the next day. It's always better to be prepared than to regret your decision later.

Need Legal Support for Suing a Dealership?

As we tell all consumers, if you have a problem with your car which you bought from a dealership and it cannot be repaired, you owe it to yourself to have a quick word with a professional. Instead of waiting for the car to fail completely and you to be stuck without transportation, it’s better to explore your options as soon as you realize there’s a problem. You don’t need to be stuck with a lemon. Suing a car dealership is something that lemon lawyers handle every day, and you can find relief.

The Lemon Pros have secured millions in compensation for clients who can’t get their car fixed at the repair shop. As the best Lemon law attorney in California, we analyze your options and lead you through filing a claim against the dealership or manufacturer. Contact us for a free case evaluation and let us get you a different car.