Has your dealership had your car for over 1 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. Suppose you lease or purchase a covered vehicle 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 vehicles have been held by the dealership. When a dealership holds a person’s vehicle for over a month they should first contact an attorney for a free case evaluation.

Dealer Service Department Problems

Suppose the dealership cannot repair the automobile within a month, that leaves you with two options. Some of our clients worry that this rule only applies if the car sales company cannot repair a fatal defect, but this not necessarily true. Even if the car can be fixed, you still could have a case. The Lemon Law protects motor car owners from these issues in addition to bad business practices of some car dealerships. 

If the Service Department Can’t Get Parts to Fix Your Vehicle, You May Have a Lemon Law Claim

Every facet of professional and personal life has been impacted by the arrival of the COVID-19 coronavirus pandemic. That has undoubtedly been the case with supply chains, as these companies have been unable to get parts from manufacturers, primarily if they are based in other countries. 

Supply chain interruptions, order quarantining, and shutdowns have negatively affected foreign and domestic automakers alike. In particular, there has been a recent global shortage of specific semiconductor chips required for a vast range of technological items, including motor car systems.

What happens if you find a fault in your car and the dealership tells you they are waiting for the parts to repair the issue? Some of our clients have waited up to four months for the dealer to get the required product. 

The Lemon Law in the United States

The question is, are you stuck waiting over a month indefinitely for repairs to your recently bought vehicle?

If so, one truth of the matter is that the United States Lemon Law offers some important protections is not based on a dealership’s bad or good faith. A lemon law case requires answers to these involves two questions: 

  1. Did the dealership sell you a new or used car that’s defective, or
  2. Have you has it encountered a problem within the warranty period?
  3. Can the dealership repair the car within an appropriate amount of time? 

Answers to these questions will help us determine if the Lemon Law can work in your favor.

What Qualifies as a Lemon?

In order for a new car to qualify as a lemon under United States law, you must have made multiple attempts to repair the defect. Typically, four or five repair attempts should be sufficient for general weakness. If the fault creates a severe safety hazard or is extremely dangerous, you may only need to make two trips to the car repair workshop.

Moreover, if a repair shop has a car for over 30 days or more, that may be enough to satisfy the Lemon Law in various states. There is nowhere in the Lemon Law that specifies an exception for repairs that may occur if the required part was readily available.

If you have taken your car back to the repair shop numerous times and have had to use a rental vehicle or have been unable to drive for a month, you have the right to take legal action. Considering your legal options is crucial if you ask yourself the question, “the dealership has had my car for a month; what’s next?”.

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

You can ask the other dealership 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 due to anyone who has had a harrowing experience dealing with an unscrupulous vehicle dealership. However, it’s good to note that not every dealer is out to steal your money; there are still good people out there.

If you have recently told a friend that “the dealership has had my car for a month,” it means 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.

Trust Representation and Advice from our Seasoned Lemon Law Attorney

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.


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