Who Is Liable for Selling You a Lemon: The Manufacturer or the Dealership?

Purchasing a new car should be an exciting experience, but it can quickly become frustrating when the vehicle exhibits recurring issues. If your new car consistently breaks down or fails to meet the manufacturer’s standards, it may be a “lemon.” When faced with this dilemma, many consumers wonder: who is liable for selling you a lemon—the dealership or the manufacturer? Understanding your legal rights and the responsibilities of both parties is essential in ensuring you can resolve your situation and seek compensation. In this guide, we will explain the legal intricacies of lemon law claims and clarify the roles of dealerships and manufacturers.

Understanding Your Rights When Purchasing a Defective Vehicle

Under California’s lemon law, consumers are entitled to a remedy if they purchase a vehicle with significant defects. The law protects buyers of new cars with ongoing mechanical issues that the manufacturer cannot fix after a reasonable number of repair attempts. These defects must substantially impair the vehicle’s use, value, or safety. You may be entitled to a refund or replacement if your new car meets these criteria.

While lemon law primarily concerns the manufacturer’s responsibilities, dealerships also play a role in the process, mainly when they act as intermediaries between the consumer and the manufacturer. Knowing the lemon law requirements in San Diego is crucial to protecting your rights.

Legal Responsibilities in the Sale of Defective Cars

Both dealerships and manufacturers have legal responsibilities when selling vehicles. The manufacturer is responsible for ensuring that the car is defect-free at the time of sale and for covering the costs of repairs if the vehicle becomes defective during the warranty period. On the other hand, dealerships are responsible for selling vehicles fit for use and disclosing any known issues.

When a vehicle is found defective, a dealership may be liable for selling a lemon if it knowingly sold a car with undisclosed issues. However, the manufacturer is generally responsible for addressing the vehicle’s defects through repairs or replacements.

The Dealer vs. Manufacturer: Who Is Accountable for Car Issues?

Whether the dealer or manufacturer is liable for selling a lemon depends on the nature of the defect and the actions taken to resolve it. Lemon law claims generally focus on the manufacturer’s failure to repair the defects, but dealerships can still be held accountable in certain situations.

1. Manufacturer Liability: If the car’s defects are related to a flaw in the vehicle’s design or manufacturing, the manufacturer is typically responsible for fixing the issue. If the defect is unrepairable after a reasonable number of attempts, the manufacturer must either replace the vehicle or refund the purchase price.

2. Dealer Liability: If a dealership sells a vehicle knowing about its defects or fails to disclose known issues adequately, it could be held accountable for selling a lemon. Dealers must also cooperate in facilitating repairs or exchanges under lemon law claims.

In many cases, the manufacturer will work with the dealership to handle lemon law claims, but the dealership may also be involved if the vehicle’s defects were not disclosed or if the dealership failed to follow proper procedures.

What Happens When Your New Car Turns Out to Be a Lemon?

If your new car turns out to be a lemon, you are entitled to take action under the lemon law. Typically, you must first attempt to resolve the issue with the dealership by allowing them to fix the problem. If the problem persists after a reasonable number of attempts, you can file a lemon law claim against the manufacturer.

In San Diego, as in the rest of California, Lemon law requires that the manufacturer have had at least two repair attempts for the same issue or that the vehicle has been in the shop for an extended period for repairs. If the problem remains unresolved, you may be entitled to a refund or a replacement vehicle.

Dealer and Manufacturer Liability: What Consumers Need to Know About Lemon Cars

Consumers should know the legal protections available when dealing with lemon cars. The lemon law attorney in San Diego can help you understand whether you qualify for a claim and guide you through the process. To support your claim, you may need to collect all relevant paperwork, including repair records and communication with the dealership or manufacturer.

It’s important to note that while the manufacturer is ultimately responsible for providing a remedy under the lemon law, dealerships also have obligations. They cannot sell vehicles known to have defects, and they must cooperate with the manufacturer to address lemon law claims. In some cases, the dealership may offer a resolution independently, especially if the defect is minor or they are willing to replace the vehicle.

The Role of Dealerships and Manufacturers in Lemon Car Disputes

When a dispute arises over a lemon car, dealerships and manufacturers have distinct roles. The dealer often acts as the first point of contact, working with the manufacturer to schedule repairs or offer a replacement. A San Diego lemon law attorney can help you pursue a formal claim if the issue persists.

If the manufacturer cannot resolve the issue after multiple attempts, they may be required to buy back the car or replace it entirely. Sometimes, the manufacturer may settle the dispute outside of court, particularly if the consumer has legal representation.

Conclusion

When you purchase a car, you expect it to function as promised. However, when that car becomes a lemon, it’s crucial to understand who is responsible for making things right. In most cases, the manufacturer is primarily liable for defects, but dealerships also play a crucial role in ensuring vehicles are sold without hidden issues. Suppose you are dealing with a defective car. In that case, consulting a lemon law attorney in San Diego can help you navigate the complexities of the lemon law and secure the compensation you deserve.

If you believe your vehicle may be a lemon, don’t hesitate to contact Premier Legal Center, APC, for expert advice on your lemon law claims and how to proceed under the lemon law requirements in California.