Wirtz Law Blog

For most purchases, returns are a way of life. You can return nearly anything to large stores like Costco or Wal-Mart. So why is it so difficult to return a vehicle to a dealership?

There are several reasons why returning a car once you buy it is difficult or impossible. They range from how auto laws are written to the unique nature of a new vehicle. 

Even if you can’t return the car, you may have other options – like the option to file a lemon law claim. An experienced California lemon law attorney can help. 

Can I Return My Car to the Dealership?

The short answer is: It depends. 

Whether you can return your car to the dealership will depend on that dealership’s policies. Some dealerships do accept returns within strict time or mileage limits. 

To find out if your dealership is one of them, read the paperwork you received when you bought your vehicle. It should explain whether, when, and how you can return the vehicle. 

Laws and Return Policies

Return policies vary by dealership because no federal or state law requires automakers to accept returns. 

The US Federal Trade Commission’s “cooling-off rule” gives consumers three days to cancel certain purchases. However, this rule does not apply to vehicles. It most often applies only to door-to-door sales. 

Since the law doesn’t require automakers or dealerships to accept returns, each automaker or dealership can set its own policies. 

What Makes New Cars Hard to Return?

Another reason new cars are difficult to return is the nature of a car as a consumer good. 

Much of the value of a “new” car rests in its newness. No one has driven the vehicle before; its odometer is set at zero. The moment the new car drives off the lot, that odometer begins to move, and the vehicle is no longer new. Once the vehicle is registered with the state Department of Motor Vehicles, its status changes permanently from “new” to “owned.” 

Consequently, a dealership that accepts the return of a vehicle doesn’t get back the “new” vehicle it sold. Rather, it sells a new vehicle and gets back a pre-owned vehicle – whose value is much lower. 

Many consumer goods, by contrast, can be easily re-sold for the original price. If you return a t-shirt in new condition, never worn, with the tags attached, it can often be sold as new once again. A vehicle, however, cannot. This change in status affects whether and how a dealership will accept returns. 

Why to Return a Vehicle and How to Handle the Process

Despite these challenges, you may still need to return a vehicle. Common reasons for vehicle returns include:

• The vehicle has a defect or defects. Vehicle issues or hidden defects that cannot be repaired fall under California’s lemon law. Be ready: the dealership will likely attempt to just continue to attempt to repair the problem an unreasonable number of times rather than replace the vehicle. It’s typically wise to let the dealership try to fix the issue at least a reasonable number of times, which can be as few as two times. Giving the dealership multiple tries to fix the problem helps build a lemon law case in your favor. 
• You found a better deal somewhere else. It’s difficult to get a dealership to take the vehicle back simply because you found a cheaper version elsewhere. If you’re willing to haggle, however, you may want to mention it. At worst, you’ll be back where you started – and if you’re persuasive, you might get some money back. 
• You changed your mind. Dealerships are unlikely to accept this as a reason for a return. You’ll need strong persuasive skills to convince a sales manager to take your side.

If you want to return your vehicle, start by reading the dealership’s return policy, if any. Follow it as closely as possible. Bring copies of all your paperwork so you can establish details like the date of purchase and purchase price. 

Alternatives to Returning Your Vehicle

You may discover you simply cannot return your vehicle, even if it has significant defects. Consider hiring a California lemon law attorney if this situation occurs. 

A lawyer can help you protect your legal rights and seek compensation under the lemon law. Compensation might include a buyback of the car or a replacement vehicle, as well as payments for towing and related costs and coverage of your attorney’s fees. You may even be entitled to civil penalties up to two times the amount of your actual damages.

If you’re dealing with ongoing vehicle problems, talk to a dedicated California lemon law attorney today. The team at Wirtz Law APC is here to help.