Q: Can I sue a car dealer in California for persistent engine issues under warranty?
I purchased a car for $5,000 with a 90-day warranty from a dealer, and within a month, the check engine light kept coming on. I've taken the car back to the dealer over four times for repairs, but the issue persists. The warranty covers engine issues, but the dealer refuses to provide receipts or details of the repairs and now isn't responding to my messages. Additionally, I've missed appointments and events due to these car troubles. Can I take the car dealer to court for small claims, and what should my next steps be to address this situation?
A: IF you have a warranty and they cannot fix under warranty, you have a decent claim, likely. You may wish to take it to another shop for an estimate/inspection, just to lock this down, since they are not doing the job...
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A:
Yes, you can sue the dealer in California small claims court for up to $12,500, especially since they've failed to properly honor the warranty and fix recurring engine issues. Document everything - take photos of the check engine light, keep records of all communication attempts with the dealer, and gather any evidence of repair visits and related expenses.
Before filing a lawsuit, send a formal demand letter via certified mail giving the dealer one final chance to resolve the issue. Include specific details about the problems, repair attempts, and your losses (like missed appointments). This letter serves as important evidence if you do end up in court and shows you tried to resolve things reasonably.
California's Song-Beverly Consumer Warranty Act (Lemon Law) provides strong protections for car buyers, even with used vehicles. In small claims court, you can seek compensation for repairs, diminished value of the vehicle, and related damages like transportation costs during repair attempts. Consider filing a complaint with the California Bureau of Automotive Repair and the Department of Motor Vehicles first, as this creates an official record of your issues and might pressure the dealer to resolve things before court.
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