Dealer Fraud and Lemon Law in San Diego

Both dealer fraud and lemon law refer to people who have had car issues after purchasing or leasing a vehicle, whether it’s a car, truck, SUV, motorcycle or RV/motor home.  If your case involves dealer negligence due to the dealer’s unlawful actions, then it would be considered a dealer fraud case. If your new purchased or leased vehicle has manufacturer defects, mechanical or electrical issues for example, then the manufacturer is to be blamed for the problems and that’s when you take the manufacturer to court by starting a lemon law case.  In either case it would be recommended to contact the best lemon law lawyer in San Diego to explore your options and make things right with your defective vehicle.

How the California Lemon Law Helps the Consumer in Dealer Fraud and Lemon Law Cases

California Lemon Law is in place to protect the consumer. Depending on the case, in some instances the law orders the manufacturer to replace or refund (buy back) the vehicle. This law in California is one of the strongest in the country and therefore protects the consumer and is there to give you the best solution to your case whenever the facts make it possible. When the dealer fraud is outright evident, the law is there to protect consumers shopping for vehicles and to appropriately punish the dealers who take advantage of their customers.

About the Lemon Law
The Lemon law is in place to help protect consumers when buying a vehicle that fails to properly meet quality and performance standards. The defective vehicle would be considered a lemon if after three or and more repair attempts for the same problem continues and no solution has been found to fix the ongoing issue. Typically every new car comes with manufacturer’s warranty which gives the buyer confidence in their product. If for some reason the manufacturer violates the warranty, you may have a possible lemon law case for a replacement or buy back.

Used cars can also be protected under the California lemon law. Whenever you have problems with a vehicle, it is always important to save every receipt, make note of every repair, how much was spent, etc. This information could possibly be used as evidence to support the fact that the problem existed before the car was purchased. Every scenario is different and therefore you should contact a lemon attorney who has sufficient experience to guide you in the right direction and help you make a good case.

The lemon law commonly deals with:

• Lawsuits against the vehicle manufacturer
• New and used vehicles
• Vehicles under the original manufacturer’s warranty
• Factory defects, whether it’s mechanical, electrical or software or any other defect

About Dealer Fraud
Dealer fraud cases are regulated by federal and state laws. The law aims to protect the consumer and punish the dealer and/or dealership which takes advantage of the customer. One example of dealer fraud is when the car dealer does not disclose to the buyer that the vehicle involved in the sales transaction has been used as a rental. Another example would be not disclosing information that the car had previously been involved in one or several car accidents and has had previous damage, whether structural or mechanical.

Whenever dealer fraud is suspected, it is always important to gather as much information to present as evidence if a court case is pursued. The evidence must show that the dealer misrepresented the material facts which caused you financial loss. If you decide to pursue a a case and the the court decides in your favor, you may have the right to return the defective vehicle to the dealership and get a full refund from the dealer. Every scenario is different and therefore you should contact a lemon attorney who has sufficient experience to guide you in the right direction and help you make a good case.

 

Dealer fraud commonly deals with:

• Usually involves used vehicles
• A vehicle which may have no defects or problems
• Any vehicle regardless of any warranty
• Intentional fraud by the dealer
• Odometer Rollback or Mileage Rollback
• Nondisclosure of Prior Accident
• Nondisclosure of Frame Damage
• Nondisclosure of Vehicle Titled as a Lemon Buy Back
• Nondisclosure of of prior use of Taxi Cab
• Nondisclosure of of prior use of Rental Vehicle
• Misrepresentation of Services
• Misrepresentation of Warranty Terms
• Misrepresentation of Safety and Condition
• False Certification of Certified Pre-owned Used Vehicle
• Misrepresentation of Equipment
• Misappropriate of Down Payment Funds

Both of the before mentioned situations refer to the purchase of a defective car, nevertheless there’s a difference. The dealer intentionally sells a defective vehicle and the manufacturer produces a vehicle which eventually has manufacturer defects.

Important Information to Avoid Fraud

When buying a car, it is always recommended and important to get a sale/purchase agreement in writing whether you are buying from a dealer or private seller. Verbal agreements are not permissible in court and unfortunately people may conveniently lie and change their story when a verbal promise or agreement is discussed. Ask the seller to put it in a contract and if the seller has serious intent on selling the vehicle, the written contract will not be a problem. Another important tip is to do an online search for the vehicle in question. You can always check the car’s history on popular sites such as Carfax and Autocheck.