Anyone buying a new car wants to find a reliable vehicle. However, not every car that comes off the assembly line works like it should. Some come with defects, making them lemon vehicles.
A car is considered a lemon if it has a significant warranty-covered problem that cannot be resolved despite a reasonable number of repair attempts by the manufacturer. Under the California Lemon Law, the owner or lessee of a lemon has the right to demand that the manufacturer buy it back from them.
While the law provides protections for California consumers who purchase lemons, it’s obviously best to avoid them in the first place. If you’re looking to purchase a new vehicle, you need to know how to spot a potential lemon car at San Diego dealerships – and what to do if you do end up with a lemon.
Things to Look Out for When You’re at the Dealership
Most San Diego car dealerships operate with integrity. They are absolutely trying to make a sale with a solid profit, but most know where to draw the line.
On the other hand, car salespeople are under heavy pressure to make sales. They often work on commission, so they’re only making money if they sell cars. Many also have sales quotas they have to meet. Especially toward the end of the month or week, be wary of a seller who acts suspiciously or seems to be pushing a particular vehicle on you.
If you don’t ask to see a specific model, be skeptical of the first car a salesperson shows you. These are often “spiffs,” cars that have proven to be particularly hard to sell and have sat on the lot too long. Salespeople are incentivized to move these vehicles.
And if a dealership or salesperson starts to play games, like not clearly displaying prices or requiring you to provide personal information before they’ll talk about prices, it’s time to walk away.
Pre-Purchase Inspections Can Save You from Buying a Lemon
You should have a qualified mechanic inspect a car you are considering buying. An inspection should include:
- Examining the engine, transmission, and drivetrain for leaks, wear, or needed repairs
- Checking fluids, belts, hoses, tire condition, brake pad depth, and battery health
- Inspecting the frame and undercarriage for damage or poor repairs
- Running computer diagnostics to reveal hidden engine or electrical issues
- Visually examining the vehicle exterior for cosmetic damage, rust, or mismatched paint
- Examining the vehicle interior for the condition of the seats, flooring, electronics, and dashboard
- Ensuring all safety features and controls function properly
Test Drive Before You Buy
If a mechanic examines a prospective vehicle purchase for you, they should take a short test drive to evaluate its acceleration, handling, braking, and suspension performance. You should take a more extensive test drive to see how the car handles and works.
During a test drive, assess:
- Whether it provides a comfortable ride with good visibility (i.e., check its blind spots)
- How it accelerates, brakes, and steers
- How its various controls and technology function and if they are user-friendly
- Its level of road noise and whether there are any unusual noises, such as squeaks or rattles
- Whether the cabin offers the space you’ll need for passengers and cargo
- How easily you can get in and out of the vehicle
How Do You Know If You Have a Lemon?
Some vehicle defects aren’t immediately obvious. Even if you follow these steps, you may still end up with a lemon on your hands.
Under California law, a new motor vehicle is a lemon if a defect covered by the manufacturer’s original warranty proves to be unrepairable after the manufacturer has been allowed a reasonable number of repair attempts. The defect must substantially impair the vehicle’s:
- Safety — it poses a serious risk of injury or death to occupants, or
- Usability — it is not reliable transportation, or
- Value — the vehicle’s resale value is diminished.
What’s considered a “reasonable” number of repairs can vary from case to case. If the defect poses a significant danger, California Lemon Law typically considers two or more attempts to fix the problem as reasonable. For less severe issues, manufacturers may be entitled to more than two attempts. In certain circumstances, a vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.
If you aren’t sure whether your new car is a lemon, an experienced Lemon Law attorney at The Barry Law Firm can review your case and determine whether you have a valid claim.
What Happens If You Do Purchase a Lemon?
If your motor vehicle qualifies as a lemon under California law, you have the right to demand that the vehicle manufacturer buy it back from you and refund what you’ve spent on it. But your vehicle’s manufacturer won’t want to pay you anything. They may even blame you for your vehicle’s problems.
Pursuing a Lemon Law claim is a complex legal process that typically requires filing a lawsuit. Your best approach is to contact a Lemon Law attorney who can handle everything for you, like the ones at The Barry Law Firm.
While this is all new to you, people at the dealership have been told how to respond when the Lemon Law is mentioned, and your vehicle’s manufacturer has a legal team experienced with fighting Lemon Law claims. But we can level the playing field for you, just as we have for many other San Diego car buyers facing the same frustrating situation you are dealing with.
Call The Barry Law Firm for Help with Your Case!
Contact The Barry Law Firm today if you think your motor vehicle qualifies as a lemon. We are experienced and aggressive California Lemon Law attorneys who can press your Lemon Law claim at no cost to you. That’s right – California’s Lemon Law requires auto manufacturers to pay consumers’ legal fees after successful claims, and we never bill our clients – no matter the outcome of the case.
At The Barry Law Firm, we have focused our practice entirely on California Lemon Law claims since 2010 and have helped thousands of consumers get rid of their defective vehicles. Call us or reach out online today for a FAST & FREE consultation about pursuing a San Diego Lemon Law claim for your faulty vehicle.
