Legal Question in Product Liability in California

I just purchased a used vehicle about 20 days ago on the 15th day the check engine light came on and the car feels like it has transmission problems I called the dealership and they said I didn't purchase warrenty so I could not return the car plus it has been more than 2 days also they say I can not exchange the car but they said when the bank approves my loan they will give me free 6months warrenty I put down 3,000 on they car and the over all total of the car is 7999 people tell me there's a lemon law which I don't know much about how do I go about this situation can I return the car and get my money back

Asked on 3/24/12, 3:08 pm

1 Answer from Attorneys

Robert Mobasseri Law Offices of Robert Mobasseri

Did you purchase the vehicle "AS-IS", or did the Vehicle come with a 30 day warranty from the selling dealer? Did the dealership put their offer to give you a warranty in writing? If it is not in writing, assume that the offer does not really exist.

The dealership may be offering you a warranty so that you will not tell the lender that there is a problem with the vehicle as the lender most likely will not accept the loan if the vehicle has mechanical problems.

While this may be a lemon law case, it may also be a dealer fraud case. Check engine lights may evidence a pre-existing problems that the selling dealer concealed by resetting the light prior to selling the vehicle. In situations like these, the check engine light will eventual reactivate, but often the buyer does not suspect that there was a pre-existing issue.

Taking the vehicle to a mechanic will help you determine what is wrong with the vehicle and how long the issue(s) has existed.

You are welcome to contact my office if you would like to discuss this further.

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Answered on 3/25/12, 4:57 pm

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