Wirtz Law Blog

Most people have had experiences like this when they go car shopping. The choices are endless. The options are endless. The colors, styles, tires, warranties, and other available add-ons are endless. The prices? They can seem endless as well. This is where buyer’s remorse may come home to roost shortly after committing to buy a vehicle. 

It was a big purchase. It looks great, drives great, feels good. But, it was kind of pricey, and you also have several other debts you are paying off. Was the new or used vehicle a good idea? Can you honestly manage the payments? Does it truly live up to your expectations? 

With all these questions whirling around in your head, there comes a time when you may decide to live with the new purchase for a while to see how things go. Maybe you can find a way to make those payments. You keep driving the vehicle. Then, things start to go wrong, or you update your bank balance, and you are looking at some seriously low numbers. You start to hate that car. You rush into things and realize it’s not what you wanted. Now what?

Can you take it back to the dealership? If it is a new car, in most instances, the answer is “No.” Occasionally, you may get a “Maybe,” depending on the circumstances. You may be able to redo a deal to get more favorable terms, but you still need to pay the loan off. 

If you bought a used vehicle, there is a slightly better chance of returning it, but that depends not only on the state law but on the dealership’s policies.

What About My Rights?

While new and used vehicle buyers have rights, they are not what you think they may be. For instance, you may have heard about the federal cooling-off period. There is a cooling-off period however, it is designed to protect consumers from door-to-door salespeople who use high-pressure tactics to sell items. It does not apply to cars. When you buy a car and sign the contract, you own that car. However, there are instances where the dealership may decide to do something to appease the buyer, but each situation is different. 

There are instances where a dealership would likely undo the deal, such as a buyer misrepresenting their credit, the car does not perform as promised, and/or if the salesperson under delivered or conversely overpromised on the deal. Each situation is different, as is each possible outcome. 

One of the most common reasons a buyer wants to return a car is buyer’s remorse. They may have bitten off more than they can manage financially, or the vehicle is not a good family car. Some dealerships may be willing to put the buyer into a lower-priced or different vehicle in cases like this. That would be a goodwill gesture, as dealerships are not obligated to do anything morally or legally.

Another issue that some buyers have experienced is a feeling that the dealership took advantage of them and ripped them off. This may be due to the salesperson not keeping promises, or you may suspect fraud. 

You may also be offered various options to choose from, such as extended warranties or curbed wheel coverage. Collision coverage may pay to replace or repair a scratched rim from hitting a curb, but if the repair cost is less than the collision deductible, the insurance does not cover the damage.

If you want the additional warranty expenses, be aware they add significantly to the price of the loan and increase your monthly payments. To avoid being trapped into warranties, you may not want or need, do your homework in advance and know the vehicle you are interested in and its fair price.

And then, there is the unexpected revelation that the car is a lemon. Sometimes, a vehicle just has manufacturing or workmanship defects and as a result you find yourself repeatedly visiting the dealership for repairs. This can happen shortly after you buy or lease your vehicle, or a lot later during the original car warranty periods. When this happens, you understandably want a different vehicle or just want to cancel the deal. To do this in California, the defect or defects must substantially impair the use, value or safety of the vehicle. The defect or defects must occur during the original car warranty and your vehicle continues to have a defect or defects after a reasonable number of visits to the dealership for repairs.  If you bought a used vehicle, things may be more difficult for you since most are sold “as-is,” which means it’s up to you to get it checked out.

An alternative to consider when uncertain about a used vehicle’s pedigree is buying a certified pre-owned (CPO) car. Although they are more expensive, they have limited warranties. The price for a CPO car in 2022 ran about 1.8 percent higher than a non-certified vehicle. Depending on the make, model, and year, that may mean paying more than a comparable used car. Buyer beware.

When Complaining Does Not Work

When all else fails, and you have tried complaining to the automaker, but nothing happens, it is probably time to contact an experienced Lemon Law attorney. They can advise you of your next best steps in getting a refund or replacement for your defective SUV, EV, Hybrid or whatever kind of vehicle you may have.

Contact an Experienced San Diego Lemon Law Attorney To Discuss Next Steps

If you are looking for a California Lemon Law firm, look no further than Wirtz Law APC. If you are fed up, have had enough, and think your car is a lemon, call us at (858) 259-5009 for a free, no-obligation evaluation. 

If your vehicle is a lemon, we will take your case at no charge to you on a contingency fee basis. Wirtz Law APC provides one of the best Lemon Law attorney services everywhere in California, including Southern California, Northern California, Central California, and Eastern California. 

If your car, truck, hybrid, SUV, or EV is experiencing substantial or repeated issues, speak to one of our expert lemon law attorneys at the Wirtz Law APC. 

Our firm focuses on helping California consumers get the compensation they deserve after purchasing a lemon. Our team has a well-earned and well-deserved reputation as motor vehicle consumer advocates. 
If you suspect your vehicle qualifies as a lemon under California’s Lemon Law, contact us today to schedule your free case evaluation and learn more about your legal options.