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Purchasing a car is often one of the most significant investments we make. Unfortunately, some newly purchased or leased vehicles turn out to be defective “lemons.” In other cases, car dealerships act unfairly or unlawfully. In California, consumers have rights when it comes to car purchases, and understanding how to assert your rights is important. Here’s a guide on how to sue a car dealership in California.
Understanding Your Rights as a Consumer
Knowing your rights as a consumer in California is essential before taking any legal action. Our state has numerous laws designed to protect consumers, including some of the most stringent consumer protection laws regarding automobile sales. These rights are grounded in various statutes, including the California Lemon Law, the Consumer Legal Remedies Act (CLRA), and others that address false advertising, fraud, and warranty violations.
Common Legal Claims Against Car Dealerships
Suing a car dealership in California can be daunting, but understanding the process can empower consumers to protect their rights. Always begin with thorough documentation and attempts at resolution. Some of the common problems with dealerships that lead to lawsuits include the following:
- Hidden Fees: Dealerships sometimes add unexpected charges during the purchase process.
- False Advertising: Misleading information about the vehicle’s condition, history, or financing terms may fall under illegal practices.\
- Breach of Contract: If the dealership doesn’t honor the terms agreed upon in the sales contract, you may have grounds for a lawsuit.
- Lemon Vehicles: If you purchased or leased a vehicle that consistently has defects or substantial quality issues, you might have purchased a “lemon” under California law. You may be able to pursue a claim for a replacement vehicle or buyback of your defective vehicle.
Steps to Take Before Filing a Lawsuit Against a Manufacturer
Before taking action, gather all relevant documentation related to the car purchase. This includes:
- The sales contract
- Any written correspondence with the dealership
- Receipts for repairs and services performed
- Records of phone calls, including dates, times, and the names of individuals you spoke with
Before you pursue a lawsuit, you may benefit from attempting to negotiate with the car dealership with the help of your attorney. Dealerships may try to resolve complaints amicably to avoid a trial.
The Benefits of Working with an Attorney to Prepare Your Lawsuit
If the dealership is unresponsive or unwilling to rectify the situation, it may be time to seek legal advice. An attorney can draft a formal complaint letter outlining your legal claims and give the manufacturer a chance to respond. Make sure you keep copies of this correspondence. Consulting with a consumer rights attorney will provide insight into your legal rights and options.
If you decide to sue, your attorney can prepare a claim clearly outlining the reasons for your lawsuit against the dealership while referencing relevant regulations and laws the dealership violated. The claim should include specific details explaining how you were harmed and what compensation you are seeking.
Negotiating a Settlement with a Car Dealership in California
Once your claim is filed, you need to officially notify the dealership by serving them with the lawsuit. The dealership may settle before going to court to avoid legal costs. However, your attorney should prepare to present your case in court if settlement negotiations are unsuccessful.
If your lawsuit goes to trial, the judge will make a ruling that may result in compensation or even an order for the dealership to take action to rectify the situation. If your claim lacks sufficient evidence or legal merit, the judge may dismiss it.
Contact a Consumer Rights Attorney in California
If a car dealership has acted unfairly, illegally, or has sold you a lemon, California Consumer Attorneys, P.C. is available 24/7 to help you assert your rights against car dealerships.
Call 833-Lemon-Firm and speak with a case analyst today!