What remedies are available if used car defects were hidden by salesperson?

Full question:

I purchased a used car from a dealership, who provided the Carfax report which advised of a minor accident, to which the dealer responded stating that the paint missing from/scratched off of the bumper was the result of the minor accident. Before purchasing the car the dealer repainted the bumper and replaced the cluster due to the rpm gages not working properly. He gave us the original cluster and said the one he put in there showed about 4k additional miles, but since we have the original cluster we would be able to prove the mileage was lower if we ever decided to sell the car. He didn't reset the mileage on the cluster he placed in to the vehicle, but sold us the car as is with no warranty, writing not a salvage title on our legal documents. After a few days of driving the vehicle, less than 2 weeks, the cars roof leaked pouring water on to the driver ans passenger seats (pouring like someone was pouring a cup pf water in to the car), the hood was only connected to the car by one hinge, the car turned off when coming to a hard stop and couldn't shift gears quick enough to accelerate properly, jolting the car when trying to accelerate in speed. Glass drops out of the rear drivers side door whenever being opened or closed, the steering column was left open, and best of all the minor accident was actually the car being totaled. There are numerous issues with this car and the dealer is unwilling to fix the car while providing a rental car. When I asked the dealer why he refused to help when he sold me such a car his response was 'well I knewabout the accidents and I'm sorry I didn't tell you but if you're not going to be nice about it instead of being mad then oh well I wont help you' and hung up the phone. Is there any law stating this dealer sold me an unsafe vehicle, placed a fraudulent amount of miles on the car, and sold me a car without disclosing the details of the accident when asked, all the while knowing the car was in such poor condition? Please help. One lawyer said I have a great case while another advised there's nothing the law can do to help me right this wrong.

• Category: Automobiles
• Subcategory: Lemon Law
• Date: 04/07/2025
• State: California

Answer:

California has adopted laws and regulations that are sometimes referred to as the "lemon" law but only with regard to new vehicles. The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles. The law requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer. The purchase price that must be returned includes the price paid for manufacturer-installed items and transportation but does not include the price paid for nonmanufacturer items installed by the dealer. The lessee or buyer is completely free to choose whether to accept a replacement or a refund. Whatever the choice, the manufacturer is also responsible to pay for sales or use tax; license, registration, and other official fees; and incidental damages that the lessee or buyer may have incurred such as finance charges, repair, towing, and rental car costs.

If you have a problem that you think is covered by a warranty or service contract, follow the instructions to get service. If a dispute arises, there are several steps you can take:

* Try to work it out with the dealer. Talk with the salesperson or, if necessary, the owner of the dealership. Many problems can be resolved at this level. However, if you believe you're entitled to service, but the dealer disagrees, you can take other steps.

* If your warranty is backed by a car manufacturer, contact the local representative of the manufacturer. The local or zone representative is authorized to adjust and decide about warranty service and repairs to satisfy customers. Some manufacturers also are willing to repair certain problems in specific models for free, even if the manufacturer's warranty does not cover the problem. Ask the manufacturer's zone representative or the service department of a franchised dealership that sells your car model whether there is such a policy.

* Contact your local Better Business Bureau, state Attorney General, or the Department of Motor Vehicles. You also might consider using a dispute resolution organization to arbitrate your disagreement if you and the dealer are willing. Under the terms of many warranties, this may be a required first step before you can sue the dealer or manufacturer. Check your warranty to see if this is the case. If you bought your car from a franchised dealer, you may be able to seek mediation through the Automotive Consumer Action Program (AUTOCAP), a dispute resolution program coordinated nationally by the National Automobile Dealers Association and sponsored through state and local dealer associations in many cities. Check with the dealer association in your area to see if they operate a mediation program.

* If none of these steps is successful, small claims court is an option. Here, you can resolve disputes involving small amounts of money, often without an attorney. The clerk of your local small claims court can tell you how to file a suit and what the dollar limit is in your state.

* The Magnuson-Moss Warranty Act also may be helpful. Under this federal law, you can sue based on breach of express warranties, implied warranties, or a service contract. If successful, consumers can recover reasonable attorneys' fees and other court costs. A lawyer can advise you if this law applies.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357).