When you buy a new car, you naturally expect it to be a reliable means of transportation. Unfortunately, for some buyers, that shiny new vehicle becomes a source of constant frustration. It may suffer from repeated breakdowns or persistent issues, even after numerous repairs. If this scenario resonates with you, you could be facing a “lemon.” Although dealerships often try to address these problems, what should you do if the same issue resurfaces after they claim to have resolved it?
In this detailed article, we will outline the actions you should take if your dealership asserts that your car has been repaired, yet the problem continues to occur. We will examine the implications of Lemon Law, your rights as a consumer, how to effectively document ongoing issues, and when it might be necessary to seek legal assistance.
Understanding the Lemon Law
Attorneys specializing in California Lemon Law play a crucial role in upholding state regulations that safeguard purchasers of faulty automobiles. According to the California Lemon Law, if a manufacturer fails to fix a vehicle’s issue after multiple reasonable efforts, consumers may be eligible for a refund, a replacement car, or other forms of compensation — with assistance from knowledgeable California Lemon Law attorneys.
The primary components of Lemon Law generally include:
- A significant defect that impacts the vehicle’s usability, market value, or safety.
- A sufficient number of repair attempts made by either the manufacturer or an authorized dealership.
- The defect must have arisen within a specified period (for instance, 18 months or 18,000 miles in California) or during the warranty coverage.
The Dealership Says It’s Fixed—But Is It Really?
A particularly exasperating part of having a lemon is the dealership’s constant claims that the issue has been resolved, only for it to resurface soon after. This ongoing pattern leads to a challenging scenario in which:
- You frequently find yourself without your car.
- You may feel manipulated by the service staff.
- You are left uncertain about whether the issue meets the criteria for Lemon Law protection.
To make matters worse, some dealerships might clear warning indicators, conceal the underlying problems, or implement quick fixes solely to mark the repair as completed.
Common Scenarios of Reappearing Problems
Here are examples of common vehicle issues that may temporarily appear fixed but later return:
Transmission Issues:
Dealerships may implement a software update to tackle shifting problems, which can provide a temporary solution. However, if there are underlying mechanical defects, the transmission may still experience shuddering or slipping soon after.
Infotainment and Electrical Issues:
To rectify glitches in infotainment or electrical systems, technicians often perform a reset. While this can temporarily alleviate the issues, they tend to resurface shortly thereafter.
Brake Concerns:
Squeaking brakes or diminished stopping ability may be remedied by changing out pads or rotors. However, if the underlying issue isn’t accurately identified, these symptoms frequently reappear.
Engine Performance Problems:
To address engine misfiring or stalling dealerships might conduct a quick cleaning of the fuel system. Unfortunately, this may not resolve more serious issues such as sensor malfunctions or wear on internal components, resulting in ongoing stalling or misfires.
If the issue keeps coming back even after each fix, you probably have a solid basis for filing a Lemon Law claim.
How to Strengthen Your Case: Documentation Is Key
If your car has repeated issues, the most important thing you can do is document everything. Lemon Law claims are only as strong as the paper trail you can produce. Here’s how to build your case:
Get All Repair Orders
After every visit to the dealership, make sure to ask for a copy of both the repair invoice and the work order. These important documents must contain the date of the appointment, the vehicle’s mileage at that moment, a detailed account of the issue, the steps taken by the dealership, and whether they were able to replicate the problem during their examination. Retaining these records is crucial for establishing a solid argument should the issue continue.
Write Down Symptoms and Dates
Maintain a personal record every time the problem arises. Document the date, the particular symptoms you noticed, any conversations with dealership personnel, and the effect the issue has had on your vehicle usage. This documentation may bolster your case if the defect persists.
Take Videos or Photos
Whenever it’s safe and feasible, capture proof of the situation. For example, if your engine stops running while idling or if the lights on your dashboard start to flicker, having a video recording can be extremely useful.
Save Communication
Keep a record of all communications, whether emails or text messages, exchanged with staff from the dealership or representatives from the manufacturer. These documents could indicate recognition of existing issues or unsuccessful attempts at resolving them.
What Is a “Reasonable Number” of Repair Attempts?
The concept of a “reasonable number” differs from one state to another. Taking California as an example, the following situations might be considered:
- Two or more efforts to fix a significant safety problem (like issues with brakes or steering).
- Four or more attempts to address a non-safety concern that affects the vehicle’s usability or worth.
- The vehicle has been out of commission for over 30 days total for repairs within the first 18 months or before reaching 18,000 miles.
If your vehicle fits any of these conditions and the issue remains unresolved, you probably have a legitimate Lemon Law claim.
The Manufacturer’s Role—and Responsibility
A lot of buyers are unaware that when they bring a defect to the attention of a dealership, the responsibility for rectifying the issue shifts to the manufacturer. Dealerships serve as the manufacturer’s representatives for repairs.
Should the problem continue and the manufacturer is unable or unwilling to resolve it, legal obligations may compel them to:
- Provide a replacement vehicle.
- Issue a refund for the purchase price (which encompasses taxes, registration fees, and any additional expenses).
- Cover legal fees and costs (often, consumers don’t have to pay anything upfront).
Common Manufacturer Tactics to Watch Out For
If the issue reoccurs and you reach out to the manufacturer or dealership, you might face some pushback. Typical responses may include:
- Attributing the problem to consumer error (such as inadequate maintenance or “normal wear and tear”).
- Asserting that the issue is minor and does not affect the vehicle’s functionality or safety.
- Dismissing repeated complaints by altering the description of the defect in service documents.
- Prolonging the process with delays (such as scheduling issues or unavailability of parts).
Having comprehensive records and legal assistance can help counter these arguments.
When to Contact a Lemon Law Attorney
If your vehicle’s defect persists even after the dealership claims it has been resolved, do not hesitate to reach out to a Lemon Law attorney, particularly if:
- The dealership refuses to recognize the ongoing issue.
- You feel compelled to accept multiple repairs.
- Your confidence in your car’s safety or dependability has diminished.
- Your vehicle meets the criteria set by your state’s Lemon Law.
Many Lemon law lawyers California provide free initial consultations, and in states like California, if you win your case, the manufacturer is responsible for covering your legal expenses. This implies minimal financial risk when pursuing a claim.
What Compensation Can You Receive?
If your Lemon Law claim is successful, you may be entitled to:
Complete Vehicle Buyback:
This entails a refund that encompasses your initial down payment, ongoing monthly payments, applicable taxes, registration costs, and in certain instances, additional expenses such as towing or rental vehicle fees. It represents the most extensive type of reimbursement available under Lemon Law.
Substitute Vehicle:
You might be provided with a new car that is similar in make and model, with the existing terms of your loan or lease being maintained. This choice is typically available when both parties reach a consensus on an equitable exchange.
Monetary Settlement:
If the issue doesn’t entirely meet the Lemon Law’s standards but still leads to significant inconvenience, the manufacturer might propose a monetary settlement. This arrangement allows you to retain the vehicle while also receiving financial compensation.
Maintain a composed and professional demeanor when interacting with service advisors or representatives from the manufacturer.
- Always read any waiver or settlement agreement carefully and seek legal advice before signing it.
- If you believe your vehicle warrants it, request a written statement for a final repair attempt — this can activate the manufacturer’s obligation to respond.
Be aware of your rights; you are not obligated to agree to continuous repairs if the issue persists.
If your dealership holds your car for repairs but the problem still isn’t fixed, you’re not alone—and you’re not powerless. Lemon Laws exist for exactly these situations. Don’t let long repair times or repeated excuses wear you down. With proper documentation and the help of the best lemon law attorney San Diego has to offer, you can hold the manufacturer accountable and receive the remedy you deserve.