Most new vehicles manufactured for sale or lease to consumers turn out to be “good” vehicles to their buyers or leasers, fulfilling their requirements of providing reliable transportation.

Some vehicles will turn out to be “lemons” under our California Lemon Law. These vehicles will turn out to have operational/mechanical problems, and/or safety/use impairment issues.

Can a consumer spot a brand new vehicle that may be a potential “lemon”? The answer is YES. Can consumers avoid these potential lemons? Yes. Do automobile dealerships often pressure the customer to “speed up” the sale/lease process and side-step important pre-sale decision steps? Yes.

Some examples of potential “lemon law” candidate vehicles are:

1. Vehicle’s that have a severe steering “pulling” problem noted by the consumer on the “test drive”.

2. Vehicle’s that have paint flaws, such as “peeling” or “flaking” new paint. Also, vehicle having “panels” that do not color match to one another (example: fender does not color match door correctly) should be avoided.

3. Vehicle’s that have doors or hatches that improperly close/latch/fit.

4. Vehicle’s that are represented as “company demonstrators” or “executive cars” that are registered as “new”, but the consumer fails to have inspected for abuse or damage prior to signing the contract.

How does the consumer avoid the “pressure tactics” of car dealerships and car salespeople, yet at the same time ensure that they properly inspect and “test drive” their vehicle choice? It’s basically a “buyer takes control” step-by-step plan.

To “take control” of the vehicle purchasing/leasing experience and minimize stress, “pressure sales tactics” and reduce the possibility of a “lemon” vehicle, consider following these steps:

1. Speak with your banker or credit union on what price vehicle you can afford before you go into a car dealership. Discuss your available down-payment, payments, etc. with your loan officer so you will have a good idea what the “maximum price” car you can afford before starting your car buying/leasing quest. Any purchase price you end up negotiating that is below your “target price” will result in a lower monthly payment.

2. Before visiting the car dealership(s), do your homework on the internet. A wealth of information is available on the internet, including factory rebates, incentives, special financing and more. Most manufacturers allow you to “build” your vehicle online at their web site, reviewing what the “MSRP” (manufacturers suggested retail price) is before ever going on a dealers lot! Many websites, such as www.kbb.com, and www.edmunds.com allow you to “build” a new vehicle on line with options you desire, allowing you to see both “retail” and “dealer invoice” prices. 

3. Once completing your “pre-dealership visit homework”, it’s now time to visit the car dealership.

4. Once you have completed the time necessary to find the vehicle that is the your potential purchase/lease candidate, you will need to remember this important tip: “price negotiations at the dealership can either be to the benefit of the consumer, or to the dealer”. Time=Fatigue=Pressure. The more time you spend at a dealership, the more tired you become. The more tired you are (as well as the emotions involved in the car buying experience) the more fatigued you become, and the dealer then takes control. If you find that you are feeling tired, fatigued or “pressured”, STOP. This is where the buyer can take control. You can choose to halt the negotiations/sale process for some “breathing room”. This is a good time to consider returning on another day to the dealership. A simple refundable deposit check is all that is necessary to “hold” a vehicle so you can come back another day to continue the negotiating/sale process. There is a big difference between signing a contract (completed sale), and simply leaving a refundable deposit to “hold” the particular vehicle you are interested in.

5. What if the vehicle has a rebate and/or special financing, that is ending the day you find your vehicle? This is a situation that requires you to make choices. These choices are up to you. 

6. What if the dealer “pressures” me with “this price is only for today” or similar verbal sales tactics? Figure it this way, if the dealer can sell it to you for “X” price today, what makes tomorrow any different? Answer: nothing. If the dealer attempts to talk “rebate ends” or other tactics, the rebates have nothing to do with the “selling price” that the dealer is negotiating with you. The rebate is taken after the vehicle purchase price, tax and license are computed. Don’t fall for this old dealer pressure sales tactic.

Remember, no one is handcuffing you to a chair at the dealership. You can get up and leave at any time. The buyer is in control until or unless the buyer chooses to allow the emotions (or the dealer) to control the sale. Keep in mind this is a business/monetary transaction. You are exchanging money and/or a financial obligation in return for motoring transportation. If you treat it as such, and not a “spur of the moment” or “pressured” same day decision, you will likely end up being happier with your purchase/lease decision.

Once you have decided upon and have completed your vehicle acquisition, and if it for some reason the vehicle turns out to be a “lemon”, we would invite you to call our law offices for a free “lemon law” case review and evaluation.

SE HABLA ESPANOL
LA OFICINA LEGAL MAS GRANDE
DE CALIFORNIA DE LEY DE LIMON
1-877-355-4666   1-877-EL-LIMON
*There may be an occasional claim where it is determined that the filing of a lawsuit is the most expedient way to recover full lemon law entitlement.

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Why you should demand a "Retainer Agreement" be sent to you before allowing any attorney to represent you.

California Lemon Law - Before you hire any lemon law attorney

California Lemon Law - Why choose our law firm

California Lemon Law - How Do I Get Started?

California Lemon Law - Hiring California’s largest Lemon Law firm

California Lemon Law - Warranty repairs. What is a “repair attempt”?

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California Lemon Law - FAQ’s (Frequently Asked Questions – part 1)

California Lemon Law - FAQ’s (Frequently Asked Questions – part 2)

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California Lemon Law - Car dealership pressure sales tactics

California Lemon Law - See us on California’s freeways and highways

California Lemon Law - California Lemon Law Attorneys - Locations

California Lemon Law - The “No Cooling Off Period” rule

California Lemon Law - Car dealership contract fraud

California Lemon Law - Securing proper warranty repair documentation

California Lemon Law - Changes in the California Lemon Law

California Lemon Law - Senate Bill 1718 Passed

California Lemon Law - Submit your case information on-line

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California Lemon Law - Read Client Testimonials

California Lemon Law - “Warranty Repair History” - What, Why, and How.

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California Lemon Law - Your vehicle’s warranty book as it “applies” to California Lemon Law.

California Lemon Law – Quick Reference Guide The California lemon law offers protection for buyers of new cars, trucks, motorhomes, and motorcycles. The California lemon law provides different options to the consumer and manufacturer.  For California lemon law to apply to cars and trucks that qualify under the statute, the manufacturer must offer to replace or repurchase the offending lemon law vehicle, with the consumer not being forced to accept a replacement. California lemon law treats motorhomes and motorcycles differently. The California lemon law allows the manufacturer to repurchase or replace under the statute, at their discretion. Automobile manufacturers will print warranty books that contain “instructions” for consumers that think they may have a lemon law vehicle that qualifies under California lemon law. Consumers must remember that these lemon law “instructions” or “steps to follow” are what the automobile manufacturer wants you to do, and is NOT the California lemon law. For example, many manufacturers warranty books will attempt to direct the consumer with a California lemon law claim to attend an arbitration hearing. Arbitration is NOT required under the California Lemon Law to pursue a lemon law claim. Nor is there any requirement under the California Lemon Law to bring a lemon law claim within 18 months or 18,000 miles. You as the consumer have the entire new vehicle limited warranty period (usually 3 years/36,000 miles or 4 years/50,000 miles) to bring your California lemon law claim. If the repeated problem continues AFTER the expiration of the warranty under the lemon law, in certain cases you may still be applicable to protection under the California lemon law. The California lemon law also uses the manufacturers “extra power-train warranty coverage” as lemon law protection for consumers. These “power-train” warranties often provide for repairs as long as 100,000 miles, and under the California lemon law can be utilized to qualify a vehicle as a “lemon”. When our California lemon law was passed many years ago, the automobile manufacturers were allowed to set up NON-binding arbitration as an OPTION for the consumer to utilize in an attempt to settle their lemon law dispute. Consumers in California must realize that these dispute resolution mediums are often nothing more than a way for automobile manufacturers to be given “another chance” at fixing the consumers vehicle. One of the three potential decisions that can be handed down at an arbitration hearing is “the repair decision”. The automobile manufacturers representative argues to the arbitrator that the manufacturer should be given an additional attempt to repair the vehicle, or argue that they (coincidentally) “now have a fix developed” for the consumers repeated defect. The consumer often goes into a arbitration hearing expecting a “win” or “lose” decision, but becomes stunned when finding out that the outcome of their arbitration hearing for their lemon law claim is simply to have their vehicle repaired again! Arbitrators are not lawyers. Arbitration is NOT required to pursue legal remedy in California under the lemon law. “Customer Assistance Centers”. Consumers can call the manufacturers toll-free “assistance center”. They can explain that they feel they have a vehicle that qualifies under the California lemon law. The representatives will give out a “case number” to the consumer. Often times the unknowing consumer thinks this “case” number means something, especially when followed by the potential language of “we are opening a case number for you”. Consumers can be potentially mislead that this is the “opening” or “start” of a legal California lemon law case. It is NOT. A “case number” is often nothing more than a REFERENCE number to the consumer calling in their complaint(s) that allows the automobile manufacturer to establish a numerical file on the consumers call-in.  “Dealer Trade Assist”. Consumers need to be VERY aware of this “trick of the automobile trade”. Consumers who have been having repeated problems with their vehicle will often seek lemon law relief by asking their car dealer to “buy back” or replace their vehicle. What the consumer does NOT know is that the dealer has nothing to do with the California lemon law, nor do they have any responsibility under the California lemon law to repurchase or replace the offending vehicle. This is where “opportunity knocks” for the car dealer in many instances. The car dealer “responds” to the consumers request by “offering” to resolve the consumers dreadful car situation by offering “to take them out of their car” or “get you out of this car and into a new one” or similar verbage. This is NOT the California lemon law. This is an example of an opportunistic dealer sales tactic of making the consumer believe that they are getting California lemon law relief, but in reality the car dealer is taking the offending vehicle in trade, and simply selling the consumer another vehicle! The dealer often hears consumers say “you have to get me out of this vehicle”. They are simply taking the customers grief and turning it into profit, while the consumer loses part or all of their earned equity in their vehicle, often resulting in the loss of thousands of dollars. This “dealer trade assist” can often result in the dealer inflating the price of the “replacement” car and putting the consumer further into debt. Consumers should be very aware that the car dealership is in business to make a profit, and to sell cars. The “dealer trade assist” is just another example of how a consumer in California can unknowingly THINK they are getting relief from the California lemon law, but are simply being taken advantage of. What is the consumer to do? Consumers can simply the entire California lemon law process by utilizing the services of a lemon law attorney. We are The Law Offices of William R. McGee, California Lemon Law Attorneys, California’s largest lemon law firm. You can call us toll-free at 1-800-CA-LEMON (1-800-225-3666) for a free consultation or review of your repair documents to see if you qualify for protection and relief under the California lemon law. The California lemon law has a provision for attorney’s fees, making the automobile manufacturer pay the attorney for time spent on a lemon law claim.