Can You Sue a Dealership for Selling You a Lemon?
- October 31, 2024
- Categories: Lemon Law FAQs
When you purchase a new or used vehicle from a dealership, you expect it to run smoothly and reliably. Unfortunately, not all cars live up to these expectations, and some buyers find themselves stuck with a lemon – a vehicle with persistent defects that significantly impair its use, safety, or value. What happens when you are stuck with a defective vehicle that won’t run properly? Can you sue a dealership for selling you a lemon?
Yes, you can take legal action against a dealership if they have sold you a defective vehicle. If it can be proven that the dealership knowingly sold you a car with substantial defects, you may have the opportunity to seek compensation for repair costs, the inconvenience of not being able to use your car, and any other associated losses.
To pursue a lawsuit against the dealership, you must commence legal proceedings in a court of law. Your case should include allegations that the dealership provided false or misleading information about the vehicle, that the vehicle was indeed flawed, and that you incurred damages as a direct result. It is essential to provide supporting evidence for your claims.
If your lawsuit proves successful, you may be eligible to recover expenses related to repairs, the loss of vehicle use, and any other damages you have sustained.
A Dealership Sold Me a Lemon in California. When Should I Act?
Consumers often pursue legal action against their dealerships for a favorable resolution when issues arise following a vehicle lease or purchase. The primary reasons for such legal action include:
- Breach of Contract: Entering into a vehicle purchase agreement is a significant step, and it is equally important for the dealership to uphold its legal obligations as outlined in the sales or financing contract. You may have a legitimate legal claim if the California dealership from which you bought or leased your vehicle fails to fulfill its contractual obligations.
- Fraud or Deception: While purchasing a vehicle from a dealership typically provides a sense of trustworthiness, not all individuals within the industry operate with complete honesty. If an employee or any other representative of the dealership has provided false information or engaged in deceptive practices to persuade you into buying a vehicle, you may have a valid legal claim for fraud or deception.
- Negligence: If the dealership is accountable for causing damage to your vehicle or has neglected to maintain it adequately, you may have a legitimate legal claim based on negligence.
What Constitutes Substantial Defects for California Lemons?
The California lemon law defines significant defects based on their impact on the following aspects:
- Vehicle safety
- Vehicle functionality
- Vehicle resale value.
To be eligible for classification as a lemon, the issue must not have arisen due to actions taken by the buyer after the purchase. The defect must substantially impair the vehicle’s intended function and the owner’s expectations. For instance, a safety-related problem like a steering issue would qualify, whereas a minor inconvenience such as a sun visor not staying up would not meet the criteria for a significant defect.
Steps to Take When Sold a Lemon
If you suspect that you’ve been sold a lemon, here are the steps to consider before taking legal action against the dealership:
- Document Everything: Keep records of all repairs, service visits, and any correspondence with the dealership, including dates and details of each interaction.
- Notify the Dealership: Inform the dealership in writing about the issues with your vehicle and request a repair or a refund.
- Consult an Attorney: Seek legal counsel from an experienced lemon law attorney. They can evaluate your situation, guide you through the process, and help you determine if you have a valid claim.
How Can Neale & Fhima Help You?
At Neale & Fhima, we understand the frustration and inconvenience of purchasing a lemon vehicle from a dealership. Our experienced team of lemon law attorneys is dedicated to helping consumers like you seek justice and compensation when you’ve been sold a defective vehicle. Here’s how we can assist you in suing a dealership for selling you a lemon:
- In-Depth Consultation: We start by offering you a free consultation to discuss the specifics of your case. This consultation allows us to understand the circumstances of your purchase, the defects in your vehicle, and your goals for seeking legal recourse.
- Case Evaluation: This involves reviewing your vehicle’s purchase documentation, warranty information, repair records, and any communication with the dealership. We assess whether your case meets the criteria for lemon law protection.
- Investigating the Dealership’s Actions: We will conduct a thorough investigation into the dealership’s actions, including whether they failed to uphold their warranty obligations, misrepresented the condition of the vehicle, or engaged in fraudulent practices.
- Communication With the Dealership: Our team will handle all communication with the dealership and manufacturer on your behalf. We’ll ensure that all necessary repair attempts are documented and that you follow the procedures required by lemon law.
- Extensive Negotiations: We will negotiate with the dealership and manufacturer to achieve a fair and favorable resolution for you. This may involve pursuing a refund, a replacement vehicle, or compensation for the diminished value of your lemon vehicle.
- Litigation, When Required: If negotiations with the dealership and manufacturer fail to produce a satisfactory outcome, we are fully prepared to take your case to court. Our experienced litigators will represent your interests vigorously and advocate for the compensation you deserve.
- Protecting Your Interests: Throughout the entire legal process, our primary focus is on protecting your interests. We will keep you informed at every step, provide expert guidance, and ensure you are well-prepared for legal proceedings. We aim to secure the best possible outcome for your lemon law case.
Schedule a Consultation With Neale & Fhima Today
If you have acquired a “lemon” and have undergone several repair attempts or have spent 30 days or more in the repair shop without successful repairs, you may have the opportunity to file a claim under the California lemon law.
Contact Neale & Fhima lemon law attorneys at 949-661-1007 for a free consultation. We will vigorously pursue the vehicle’s manufacturer to secure a legal remedy tailored to your needs.
Attorney Aaron Fhima
Attorney Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights.