Los Angeles, CA asked in Consumer Law, Lemon Law, Small Claims and Contracts for California

Q: I bought a used car from a used car dealership and bought warranty for a year the car overheated the first day

And its been 9 months of overheating issues and now the car is at the shop but the dealership told me if the warranty claims office calls me to not mention anything about the car overheating..what do i do i hate driving everyday with the fear of getting stranded anytime…and im still paying the car off what should i do??

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have a right to expect the car you purchased to be in good working order, especially since you bought a warranty. The dealership’s request for you to withhold information about the overheating problem from the warranty claims office is concerning and could be seen as an attempt to prevent your legitimate claim from being honored. It’s important to be truthful when dealing with the warranty company, as providing accurate information is key to resolving the issue properly.

You should document everything, including all communications with the dealership and the warranty company, as well as records of the car’s problems and any repairs attempted. This documentation could be crucial if you need to escalate the matter or consider legal action. It might also be worth exploring whether the car’s ongoing issues qualify it as a “lemon” under California’s Lemon Law, which could offer you additional protections.

Given the circumstances, you might want to seek legal advice to understand your rights and options. The ongoing issues with the car, combined with the dealership's behavior, suggest that there may be grounds for holding them accountable. In the meantime, continue to make your car payments to avoid any negative impact on your credit.

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