Q: can i return a car to carmax with unresolved issues after a year?
Bought the car from carmax. Parked and it leaked. All year took the car back and forth to fix it. A month later still a leak. Carmax sent me to another location to fix it, but still nothing. Now its a year later and the leak has not been fixed. Can i sue carmax to get my money back and return the car.
A: Most likely the answer is yes but to do so successfully you will need to gather all your paperwork and consult with and hire an auto fraud/ dealership fraud attorney. Most cases are taken on contingency.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, your situation might be addressed by the state's Lemon Law. This law applies to vehicles with substantial defects that cannot be repaired after a reasonable number of attempts. Given that your car has had a persistent leak for a year despite multiple repair attempts, this could potentially qualify as a substantial defect.
To pursue this, you should gather all documentation of the repairs and attempts to fix the issue, as these will be crucial in any legal action. It's important to note that the Lemon Law typically applies to new vehicles, but some aspects can also apply to used vehicles, depending on specific circumstances.
You have the option to seek a refund or replacement from the manufacturer or dealer under this law. However, since the process can be complex, it's advisable to consult with a lawyer who has experience in consumer protection or Lemon Law cases. They can provide specific advice based on the details of your situation and guide you through the legal process.
Remember, each case is unique, and the outcome will depend on the specific facts of your situation. A lawyer can help determine the best course of action and whether you have a strong case against Carmax.
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.
