Can you Sue a Used Car Dealership for Selling you a Lemon?

lemon law firm to represent you in your claim

Do you suspect that you got the bad end of the deal from a car dealership that sold you a piece of junk? You can first try to mitigate the problem by dealing with the dealership directly and asking them to exchange the car or give you a refund. It will depend on the specific issue with the vehicle. However, if the dealer is uncooperative, you may have to seek other options, including legal options like hiring a lemon law firm to represent you in your claim.

Suing the Dealership

Suing used vehicle dealerships can be difficult. Many don’t have a good track record to start with and make protecting their interests a regular part of their business. For instance, they may sell cars in “as-is” condition as a way to protect themselves from litigation. As a consumer, one must carefully review the sales contract and pay attention to all the different clauses, especially those involving the car’s condition. To successfully prove your case, you will need plenty of evidence. So, what steps can you take if you find yourself becoming a victim of fraud?

Steps the Consumer Should Take

First, immediately start taking corrective actions before you end up dumping any more money into a useless vehicle. Some states will need you to give the dealer a chance to remedy the matter before taking other measures. Make it clear what it is that you want them to do. Put it in writing so that you have documented proof. This will help in case you need to take legal action against them. 

If the dealer refused to cooperate, then it might be time to consider a lawyer who is familiar with lemon law. A used car dealership can be held responsible if they failed to disclose that the car had preexisting problems. For example, they may hide information about prior accidents or other potential issues that compromise the mechanical integrity of the vehicle and pose safety concerns. 

Any misrepresentation or failure to disclose information can be grounds for negligence. Other examples include changing the mileage on the odometer or claiming that the car is equipped with specific features that it is not. 

You will need to prove that you tried mitigating the issues directly with the dealer first. You will also have to show that you suffered monetary loss and that the car dealership misrepresented the quality of their product. 

State laws vary by state, but if you live in a state like California, which does afford protection to used cars, then you can still apply the lemon law in your favor. 

In Summary

The most important thing you can do is keep accurate records of every interaction you’ve had with the dealer and all documentation related to repairs and any other issues. Without this, it will be tough to prove your case. Furthermore, if you get legal help, your attorney will have a much more difficult time seeking a settlement. A lack of documentation favors the dealership, so you must keep track of everything and stay organized.

Author: Michle Smith