Can a Dealership Sell a Lemon?

What is a Lemon?

Regarding auto terminology, a “lemon” is a car that doesn’t work right. It’s a situation that can kill your bank account and become a crushing disappointment rather quickly. The terminology has been used for over 100 years to describe defective products and items with value less than what meets the eye. The word became a trend due to the connotation of a lemon being both sour and distasteful. Lemon law attorneys are skilled attorneys in gathering evidence and getting you the justice you deserve for the situation you’ve been put in.

We understand how upsetting this period can be, and we want to help service you to the best of our ability. No one wants to go through constant months of severe financial troubles, vehicle shop appointments, and manufacturing phone calls. No one enjoys constantly bringing in their car for services or waiting on long phone lines to speak with representatives about problems we just had to come to the shop for service. We know how important it is to have a working vehicle worth every cent you paid for.

What Other Products Are Car Dealerships Allowed to Sell?

Based on dealership contracts with automakers, a car dealership can sell used and new cars at the retail level. Car dealerships can also sell spare car parts, automotive maintenance services, and other car detailing and decor.

What States Have the Used Car Lemon Law?

The “Used Car Lemon Law” is a law that protects those who buy or lease used cars from a dealership. Not all states have the Used Car Lemon Law, but the law luckily stands in California. The California Lemon Law protects you when your vehicle is defective and cannot be repaired after a “reasonable” number of attempts. Typically, this would apply to most new vehicles purchased or leased in California that are still under a manufacturer’s new vehicle warranty.

What Does the California Lemon Law cover?

The California Lemon Law covers how a manufacturer may be required to buy back or replace your vehicle if, after a “reasonable” number of repair attempts, it still cannot fix the problem. These problems include impairment to use, value, or safety of the vehicle, not caused by the car after the sale, and are covered by the manufacturer’s new vehicle warranty.

How Many Repair Attempts is Considered a “Reasonable” Amount?

A “reasonable” number of repair attempts depends on multiple situations and varying factors. It’s important to note that each case differs; not all will resonate with your problem. Assuming your vehicle is a lemon, the following factors are considered as reasonable assumptions.

These factors include but are not limited to:

• Your problem started within 18 months of having the vehicle or after driving 18,000 miles. This factor is determined by whichever comes first.
• If you notified the manufacturer about the problem and have taken it in for repair by the manufacturer or agents multiple times.
• You have tried to get the vehicle repaired over four times for the same recurring problem, and it still will not get fixed.
• You have tried to get the vehicle repaired over two times due to the problem being enough to cause death or severe injury, and it still does not fix.
• Your vehicle has been out of service for repair for more than 30 days, not in a row.

If your vehicle is found to be a lemon, the manufacturer must promptly repurchase or replace it. In these circumstances, you will have the right to choose a refund instead of a replacement.

Can Dealerships Sell Lemons?

Luckily, in California, the Lemon Law is one of the strongest lemon laws in the United States and offers the most protection. In California, dealerships cannot sell lemons in the form of new cars, used or leased. Dealers and manufacturers will not be able to get away with selling any form of a lemon to you in California. This even applies if you don’t have the money or financials to afford another vehicle.

A dealership can only sell a lemon and legally get away with it if it is marked or stated as a “lemon law buyback vehicle.” Manufacturers have fixed these vehicles and have placed identifying stickers, markings, or other notices that they are lemon law buybacks. In this case, the dealership can sell the “lemon buyback” vehicle, which is acceptable for public purchasing without legal trouble.

What If a Dealership Unknowingly Sells a Lemon?

If a dealership unknowingly sells you a lemon vehicle, you can take legal steps to fight for your rights. If the practice is ethical and the dealership has no idea the car was a lemon, you can still bring legal action. By working with an experienced law attorney, you can ensure that your needs will be met, justice will be served, and you will be able to fight for your rights.

We’ve Got Your Back

We understand how mentally and financially disappointing it can be when you reveal your vehicle is a lemon. Come chat with an experienced law attorney today to learn about your rights, seek justice, and learn what your next move is. We can help you better understand the options you have in front of you and help you win your battle. To learn more about the details of your vehicle, your choices, and how to work towards a better solution for your needs, contact a law attorney at Ibrahim Law Firm, APC, today by calling 626-600-0890.