The Car Dealership and Myths...

The Greek people do not have the franchise on myths or mythology.  California consumers have their own set of unique myths when it comes to automobile dealerships and/or their selling/servicing dealer.

Here are some of the most common myths, so you can understand them, and adjust your thinking:

1.  “My Car Dealership should Help me”.  

Huge misconception. Yes, they want you to be happy to buy another car or buy service, but they are not the party that facilitates the lemon law buyback. The automobile manufacturer does. I hear horror stories of people threatening their car dealer with lines like “this car is a lemon, you have to take it back and give me my money back”, or “I’ll sue you” Hilarious. The car dealer is simply the franchisee of the automobile manufacturer. They don’t have to do anything for you. They just sell and repair the cars. The ultimate responsibility for a lemon law claim rests with the automobile manufacturer. Oh, sure, the dealer will be more than happy to trade you out of your present “lemon” vehicle and make a ton of money off you, and you lose your equity (or worse yet ‘buy’ negative equity into the next contract). They are simply helping themselves to another sale, not helping you at all, and that is not “lemon law”. No, they have no duty to help you in a lemon law case. If they choose to “get in the middle” on your behalf, then watch out for future repair visits coming back with wording on the Repair Order Invoice of “no problem found” or “cannot duplicate customers concern”. The Service Department talks with the Sales Department. They see opportunity to sell another car instead of fixing yours. Yes, it happens more than we want to think. Most consumers are best served to never mention “lemon law” or “buyback” to their dealer or dealer’s service department personnel. This topic belongs with the manufacturer. An experienced lemon law attorney can best advise you on this.

2.  Alternate transportation (AKA: loan car)

Here is another huge misconception. Consumers think that they automatically get a loan car if their car breaks down or goes in for service. WRONG! Your new vehicle limited warranty does not have a provision for alternate transportation/reimbursement/loan cars. Some dealers have a loan car system in place (courtesy car). This is a bonus if your dealer offers this. But no, the manufacturer nor the dealer have a duty to provide you with alternate transportation. Some customers purchase a “Service Contract” that provides for rental car reimbursement. This is different, and is not a factory warranty provision issue.

3.  “My salesperson is of no help to me”

They were there to make the commission off the sale of the car to you. That’s it. They have nothing to do with the California Lemon Law process.

4.  “My dealer told me that I’m getting a buyback”

WHAT buyback? If you complained to your dealer, unless and until you have a written “settlement and full release” document from the automobile manufacturer, you have nothing more than conversation. The only “buyback” is with a written settlement agreement by the manufacturer or their appointed agent, signed by them AND you. The potentially worse part of this “offer” is that when the automobile  manufacturer makes a “settlement and full release” document, they do NOT have to follow the California Lemon Law statute, as it’s “between you and them and goodwill”. I would strongly encourage you to consult with an experienced California Lemon Law attorney prior to signing any kind of legal document or “settlement” from an automobile manufacturer.

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The California Automobile Lemon Law Insider
1960 Deermont Road
Glendale, California. 91207
Ph: (818) 548-6070

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