Legal Question in Consumer Law in California

I purchased a 2007 BMW 5 series less than 2 months ago from a small dealership AS IS, and have been encountering a variety of issues with the car. It seems to have electrical problems as I have replaced the battery in the car 3 times one being a "new" batter from the dealership a week after buying the car. The transmission now slips, jolts, and shifts hard in certain gears. The car now also makes a woom woom noise in the front when driving and even replaced the front wheels bearings since I was told that was the broken but the sound has not gone away. The worse of it all is my car is now leaking water from the sun roof. My rear seats and rear seat carpets were pretty soaked recently when it rained, not to mention my headliner has water spots all around. It does not rain often here in California so I would of had no idea of this if it wasn't for the raining season that just hit. I do plan to talk to the dealership today to see if they are willing to help me do a trade in for this car for something else but with that being said what are my rights as a consumer pertaining to the Lemon Laws when you buy a AS IS car because at this rate this car has been giving me nothing but problems from the beginning and I want to make sure I know my rights in case the dealership does not want to help me. Thank you in advance!

Asked on 12/31/16, 6:35 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

The so called "lemon law" only applies to new cars. It has no application to used cars. When you buy AS IS it means exactly that. You accept the car in whatever condition it is in, unless there is some actual fraud in the transaction.

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Answered on 1/03/17, 1:33 pm

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