San Diego, CA asked in Contracts and Consumer Law for California

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.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

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.

Yelena Gurevich
Yelena Gurevich
Answered
  • Consumer Law Lawyer
  • Studio City, CA
  • Licensed in California

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.

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