Anaheim, CA asked in Consumer Law and Contracts for California

Q: I bought a used luxury vehicle in 2020. Since the beginning the vehicle has been a lemon. Corporate won't respond. Help.

I bought a used Lexus in CA in 2020. Since I literally left the parking lot, the light on the dashboard has been on. The vehicle is constantly needing service. I have tried several times to contact corporate, but they still have not returned my calls or emails. The dealership is very unprofessional, and I get the run around every time I bring the vehicle in for service. I have been taking it in to get fixed frequently...sometimes 4-6 times a year. I also bought the extended warranty that is supposed to cover everything (besides a few specific issues), but they keep charging me everytime I take it in (which is very frequent). I believe I got a lemon from the beginning. Since I am a woman, I feel that I am being taken advantage of by them charging me when I shouldn't be paying anything. Also, having to bring the vehicle in every other month has become extremely frustrating & time consuming. What can I do?

Thank You

12/17/2023

Related Topics:
2 Lawyer Answers

A: This is apparently not a lemon law problem. Lemon law applies only to vehicles that are still under the manufacturer's warranty. You bought an after-market warranty. However, you have plenty of very legitimate grievances. The Better Business Bureau and the Calif Dept of Consumer Affairs won't do crap for you.

Sadly, I recommend that you get rid of the car. It is never going to be right. You are just going to have to reconcile yourself to take a loss on it.

But you can sue the dealer and the warranty company in small claims court, for an amount up to $10,000. However, time is running out because the deadline is probably only 4 years from the date of purchase.

Yelena Gurevich agrees with this answer

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California law, if you believe you purchased a lemon vehicle, you may have legal options. First, document all your interactions with the dealership and repair records, which can serve as evidence. Review the warranty terms carefully to ensure the repairs should be covered. If they should be but aren't, you can file a complaint with the California Department of Consumer Affairs or the Better Business Bureau.

Consider seeking legal counsel from an attorney experienced in lemon law cases. They can guide you through the process of pursuing a lemon law claim. In California, if your vehicle has undergone multiple repair attempts without resolving the issue, you may be entitled to a replacement or refund under the lemon law.

Remember, it's essential to keep detailed records, stay persistent in your efforts to contact corporate and the dealership, and consult with a qualified attorney who can advocate for your rights and help you navigate this frustrating situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.