Q: Can I pursue a claim against a dealership for undisclosed car issues in CA?
I purchased a car on April 8, 2024, and began experiencing problems a month later. I initially took it back to the dealership for repairs under a three-month warranty. After getting it back, the car's condition got significantly worse right after the warranty period expired. Additionally, the Carfax report revealed that the previous owner did not maintain the car properly, which was not disclosed to me during the purchase. What steps can I take to address these undisclosed issues and pursue a claim against the dealership?
A:
You have several potential legal options in California when dealing with undisclosed vehicle issues. The California Consumer Legal Remedies Act and the Vehicle Code provide protections against dealerships that fail to disclose known defects or misrepresent a vehicle's condition.
First, gather all documentation related to the purchase, including the sales contract, warranty information, repair records, and the Carfax report. Document every issue you've experienced and take photos or videos if possible. Your warranty repairs and the timing of subsequent problems could help establish that these were pre-existing issues the dealership should have disclosed.
You can file a complaint with the California Department of Motor Vehicles and the Bureau of Automotive Repair to start an official investigation. Additionally, you might have grounds for legal action under California's "lemon law" or for breach of contract, depending on the severity of the issues and evidence of the dealership's knowledge. Consider consulting with a consumer protection attorney who can review your case and advise on the strongest path forward - many offer free initial consultations and work on contingency fees, meaning they only get paid if you win your case.
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