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What To Do If The Dealership Has Had Your Car For One Month

What To Do If The Dealership Has Had Your Car For One Month


The Lemon Law in the United States guarantees automobile purchasers the right to a functional and working motor vehicle. If you’ve leased or purchased a vehicle under warranty and discover the car has a significant defect within a requisite time limit; you can file a claim.

If the dealership has had your car for a month due to issues with the vehicle they should either give you a replacement, repurchase it, or fix it.

Whatever way you look at it, being denied your vehicle from a service manager is never a pleasant experience. A lemon law lawyer can help you receive compensation depending on how long the new vehicle has been held by the dealership. When a dealership holds a person’s vehicle for over a month it is highly recommended to contact an attorney for a free case evaluation.

Proactive Steps To Take When The Dealerhip Has Had Your Car For A Month or More

When faced with the challenge of your car being held at a dealership for an extended period, there are several proactive steps we recommend to alleviate the situation and potentially expedite the repair process.

Exploring Part Availability: In our experience, a useful first step is to ask whether the required part for your vehicle is available at another dealership. This can sometimes fast-track the repair process, as dealerships can often source parts from each other.

Understanding Your Sales Contract: It’s also important to thoroughly review your sales contract. We’ve found that some contracts include clauses about providing a loaner car during extensive repairs. If your contract includes such a provision, remind the dealership of their obligation. Even in the absence of such a clause, requesting a loaner car is a reasonable demand. Many dealerships are willing to accommodate this to maintain customer satisfaction.

The Power of Persistence: Regular follow-ups with the dealership can be very effective.We’ve noticed that consistent communication keeps your case on their radar and can sometimes prompt quicker action.

Leveraging Insurance Benefits: Another tip is to check with your auto insurance provider. Some policies offer benefits that can be helpful in these situations, such as rental car coverage. This can be a lifesaver, especially when facing long wait times for repairs.

While legal action is always an option under the Lemon Law, these practical steps can often lead to more immediate solutions and reduce the overall stress and inconvenience. Remember, it’s about being proactive and informed. As always, our team is ready to offer advice and support, ensuring your rights are protected and you receive fair treatment during these challenging times.

Dealer Service Department Problems

If The Dealership Has Had Your Car For A Month Or Longer You May Have A Valid Lemon Law Claim

When your vehicle remains with a dealership for repairs for over a month, it’s not just an inconvenience; it could potentially be a Lemon Law case. Many clients express concern, wondering if their situation qualifies for a claim, especially when the dealership is awaiting parts or claims the issue is fixable. The Lemon Law is designed to protect consumers from prolonged unavailability of their vehicles due to manufacturing defects, regardless of the dealership’s ability to eventually fix the problem.

In such scenarios, where you find a fault in your car and the dealership indicates a delay due to waiting for parts, the Lemon Law may still apply. We have seen cases where clients have waited several months, sometimes up to four months, for a dealership to receive the required parts. This prolonged wait can qualify as a valid Lemon Law claim.

Under the Lemon Law, the key factor is not just the ability of the dealership to repair the car but also the reasonable time frame in which these repairs are completed. If your car has been with the dealership for an extended period, it’s worth exploring your legal options. The law is designed to protect you from the burdens and costs associated with prolonged repairs due to manufacturing issues. Our team can help assess your situation and determine if you have a valid claim under the Lemon Law.

What is The Lemon Law?

The Lemon Law in the United States

The Lemon Law is a consumer protection law that provides remedies to individuals who purchase cars and other consumer goods that fail to meet standards of quality and performance. These laws are specific to each state in the United States, but they generally have the same underlying principles.

Here’s how the Lemon Law can apply in the scenario where a dealership has had your car for an extended period:

Key Aspects of the Lemon Law

  1. Defective Vehicle: The Lemon Law typically applies to new vehicles that have a significant defect or a series of defects that substantially impair the use, value, or safety of the vehicle.
  2. Warranty Period: The defects must occur within a certain time frame or mileage limit, usually within the warranty period provided by the manufacturer.
  3. Reasonable Number of Repair Attempts: The law usually requires that the manufacturer or dealership be given a reasonable number of attempts to fix the defect. What constitutes a “reasonable number” can vary, but it’s often defined as three or four attempts.
  4. Extended Time in Repair: If the vehicle is in the repair shop for an extended period, typically more than 30 cumulative days during the warranty period for the same defect, it may qualify under the Lemon Law.

Application If Your Car Has Been At The Dealership For Repairs For More Than 30 Days

What Qualifies as a Lemon?

  • Extended Repair Time: If your car has been at the dealership for repairs for over a month, it could potentially fall under the Lemon Law. This is especially true if the car is under warranty and the issue is due to a manufacturing defect.
  • Inability to Use the Vehicle: The extended period during which you cannot use your vehicle due to ongoing repairs can be argued as a substantial impairment of the vehicle’s use and value.
  • Potential Remedies: If the Lemon Law applies, you may be entitled to various remedies, such as a replacement vehicle, a buyback of the defective car by the manufacturer, or monetary compensation.
  • Documentation: It’s important to keep detailed records of all repair attempts, communications with the dealership, and the number of days the car has been out of service.
  • Legal Advice: Cali Lemon Lawyers specializes in Lemon Law can provide guidance on whether your situation qualifies under the law and what steps to take next.

Remedies Under the United States Lemon Law

Remedies Under the United States Lemon Law

Vehicle Repurchase

The dealership must pay cash to the value of the purchase price of the vehicles and any other costs incurred, including the following:

  • Sales tax
  • Registration/license fees
  • Finance charges
  • The down payment on the loan
  • Monthly payments while the car was not driving
  • Tow truck cost
  • Rental car expenses
  • Legal fees

These expenses can be claimed on a new vehicle or a used one as long as you have an extended warranty. Every dealership that sells cars in the United States is monitored by the Lemon Law to set a level of fairness amongst consumers. That is why our lemon lawyers can help you with a free consultation to determine the deserved compensation. 

Whether your vehicle is fixed under a warranty issue or not, no dealer has the right to keep a car for such an extended period. It hinders a person’s ability to perform daily tasks and is a massive inconvenience.

If you have paid for the car with your own money, the dealer has to fix it, repurchase it, or replace it to fulfill the warranty. In the case of a brand new vehicle, the dealership offers a replacement car and pays back any owed money to the client.

Replacement Vehicle

Replacement Vehicle

Upon completion of a successful claim, the dealership could be required to provide you with a new vehicle of the same model, make, trim, and style as the malfunctioning car.

A dealership may offer to fix the car, but you can avoid that by getting it replaced if it can be replaced. If you originally owned the vehicle, you’ll need credit records for all the payments made to a bank or financial institution. The lease or loan may not be extended at the dealership, and all payments made towards the loan attached to the faulted vehicle get added to the new car.

Furthermore, the dealership must pay other incidental costs if the dealer has taken more than a month to fix the car. These expenses below include but are not limited to:

  • Expert fees
  • Court costs
  • Attorney expenses
  • Down payment on repair cost
  • Vehicle renting charges

This compensation is meant to protect consumers who have dealt with a lemon.

If the dealership has had your car for a month it’s time to contact us for a free consultation. Nobody deserves to be taken for a ride when it concerns the repair of their vehicle. 

A dealer must communicate effectively with customers and let them know what is happening with the repair process every step of the way. When a dealer keeps a vehicle for over a month without any form of compensation, the best thing to do is remain calm and contact a lawyer immediately.

Speak With A Seasoned Lemon Law Attorneys

If you are seeking compensation from a dealer regarding your vehicle repairs, we would like to offer you a free case assessment. Our lawyers are experienced and knowledgeable in Lemon Law and can assist you in receiving the compensation you deserve.

Over the last decade, we have helped thousands of drivers get back on the road after an incident with a dodgy dealership. You have the right to a fair service, and we can help you fight for what is legally owed to you.

Comments (7)
  • I just sent a request to be contacted.. I started of leasing the car in 2018 in the state of WV then after Covid there was a car shortage when my lease expired so I purchased the car which I was not happy about but had no choice. Shortly after my purchase in April of 2022 Car began having issues with starting that was happening once a week. It would not want to start but then would start after several tries but should not even of been that difficult to start. After a couple of months it began happen more often to point had to have it towed but once dealership began accessing it car started right up which is typical of how it had been acting. They had it a week and swore car was fine they had no issues.. I got the car back and it did it again but decided to video the incident on my phone. sent it to them and they requested I bring it back they might have a solution to the problem after watching the video. I returned car to them…. it has been a Month and they are now telling me in that months time it would not start for them but only once when the car was doing it for me 2xs a week to point you would have to let it sit for a while before starting it would work. They are telling me they cannot find the issue because the car has to not start for them to find a cause and fix. I purchased an extended warranty as well with the car. As of now they have had the care since Sept 12 2022 it is now OCT 14, 2022 . They also have no intentions of providing a car to use or making this right.

  • Hi my car is going into the shop tomorrow because they think they may have to put a motor in it. And I was told they will keep my car for 6 to 8 weeks my car is being fixed under my warranty. I have only had this car for 11 months and have 5 more years to pay on this car . And I feel that the sold me a lemon.

  • I have a vehicle which has a recall for a break booster. The dealership gave me a rental of far inferior quality of my vehicle. The dealership has had my vehicle for over 3 months. My vehicle is paid for. What can I do?

  • I have a suv in a delarship for repair but being over 2 months and they not be able to get a parts for my repair intake valves for a yukon 2015 really common i dont understand and i also paying out of poket because the warranty expire before it breakdown i dont know what to do i just need my car back but the same time need advise of what can i do against dealers like this .

  • I bought a new Gmc At4 2022 I purchased it approximately 8 months ago and the motor is bad and they cannot locate a replacement motor. I really need my truck. I am a contractor they gave me a small SUV loaner which does not work for My business. And that is suffering because I do not look like a contractor I need some help I would like to just get my truck back but if they can’t fix it, I would like to get a new truck. I can’t go on without a truck that is my best tool in my business.

  • We bought a car, a green Ford, in 2016. We have always taken it to the Ford dealer for its oil changes. After driving 88,000 miles, within 2 days of having it returned from the dealer for an oil change, the engine burned up. We tried to make a claim, but the seller we bought it from said it had a lifetime warranty, which turned out to be false. We ended up at the dealer’s business and they took the burned car and gave us another one that was almost new, with only 7,000 miles on it. However, after driving it for 15,000 miles, it already has an exhaust problem. We tried to take it back to the dealer through Lemon Law, but they said it only applies to first owner cars. It’s been since December 18th and now it’s 2/22/23, but nobody knows how to help me. To get a car to be able to go to work, I have to fight, and now I don’t know what to do. My wife doesn’t want to take that car because if it burns again, we’ll be back to the same situation. We’re already tired of dealing with Ford. What should we do? We don’t want to get into more debt by buying another car, which they are offering us for $59,000.

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Lemon Law California

Other states we service include Florida, Georgia, Maryland, New Jersey, New York, Ohio, Pennsylvania & Texas.

Consumer protection laws in California and nationwide actively protect buyers of vehicles and other consumer goods. They hold a particular importance when purchasing or leasing a new vehicle. The California Lemon Law grants legal rights to those who find themselves with a vehicle that continually fails to function properly, providing a pathway to seek resolution and potential compensation.

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