[CA] Can I sue a dealership for overcharging and failing to repair my truck after keeping it for two months?

Lexi, Chatbot

I understand that dealing with a dealership mechanic can be frustrating. What specific issue are you experiencing with the dealership or their service department?

Lexi, Chatbot

Have you already attempted to resolve this issue directly with the dealership, and if so, what was their response?

Lawyer, Esquire

Hello! My name is TJ, and I’m an attorney with over 20 years of experience. Thanks so much for the opportunity to assist you!

That's a frustrating situation, especially with that much money already spent and the truck still broken. It sounds like the dealership keeps asking for more without actually fixing the underlying problem. What state are you in, and do you have a zip code handy? Also, how long has the truck been sitting in their yard? Thank you for sharing those details. PS: I do my best to keep chats going in real time, but if there's a delay on my end, please don't worry. The chat doesn't close and I'll get back to you as soon as I can. There's no rush on your end either!

Lawyer, Esquire

Two months is a long time to be without your vehicle, especially after spending that kind of money. In California, you've got a few potential angles here. First, there's the Lemon Law, which protects consumers when a vehicle has defects that can't be fixed after a reasonable number of attempts. If this truck qualifies, you could get a refund or replacement. The dealership's repeated failed attempts to fix the same issue could work in your favor.

Beyond that, you might have claims for breach of warranty. When a dealership performs repairs, there's an implied warranty that the work will be done properly and the vehicle will be fit for its intended purpose. If they're charging you repeatedly for the same problem without actually fixing it, that's pretty problematic for them.

You could also look at this from a consumer protection angle. California has strong consumer protection laws, and what you're describing could constitute unfair or deceptive business practices, especially if they keep charging you without disclosing that the same issue persists.

The fact that they're now asking for another $4,900 to fix what they've already tried to fix multiple times strengthens your position. At some point, a reasonable person would say enough is enough.

What was the original problem the truck had that they've been trying to diagnose and fix? Thank you for those details.

Lawyer, Esquire

Okay, so they diagnosed an engine problem and you’ve now paid over $33,000 with the truck still not working. That’s a lot of money for a problem that apparently hasn’t been solved. Let me walk you through your options.

Your potential claims:

1. Breach of warranty: When a dealership performs repair work, there’s an implied warranty that the repairs will be done properly and the vehicle will be suitable for its intended use. If they’ve attempted the same repair multiple times and it’s still not fixed, they’ve breached that warranty. You could potentially recover the repair costs and possibly other damages. (CA Civ Code § 1792)
2. California’s Song Beverly Consumer Warranty Act (Lemon Law): This applies to new and used vehicles with serious defects. The law requires that if a vehicle has a defect covered by the manufacturer’s warranty and the defect can’t be fixed after a reasonable number of repair attempts, you’re entitled to a refund or replacement. A check engine light with rough idle and smoking could qualify as a serious defect. The fact that they’ve tried multiple times and failed strengthens your case. (CA Civ Code § 1790)
3. Unfair or deceptive business practices: California Consumer Legal Remedies Act and Unfair Competition Law protect consumers from deceptive practices. Repeatedly charging you to fix the same problem without disclosing that it’s still broken, or continuing to charge without actually solving the issue, could constitute unfair or deceptive conduct. (CA Civ Code § 1780)
4. Breach of contract: You agreed to pay $1,700 for diagnosis. If they diagnosed an engine problem but that diagnosis was wrong or incomplete, and subsequent work was based on that faulty diagnosis, you might have a claim for breach of contract.

What you should do now:

1.  Get everything in writing: Request a detailed written explanation of what they’ve done, what parts they’ve replaced, and what the current status is. Don’t rely on verbal conversations.
2. Document everything: Gather all receipts, invoices, work orders, and any communications with the dealership. Take photos of the truck if possible.
3. Send a demand letter: You could send a formal letter to the dealership demanding either a full refund of all repair costs or that they fix the truck at no additional charge within a specific timeframe (like 30 days). Keep a copy for your records.
4. Consider filing a complaint: You can file a complaint with the California Department of Consumer Affairs and the Better Business Bureau. These won’t get your money back directly, but they create a paper trail and put pressure on the dealership.
5. Evaluate small claims court or civil court: Depending on the total amount, you might be able to sue in small claims court (limited to $10,000) or file a regular civil lawsuit for the full amount. You could potentially recover not just the repair costs but also damages for being without your vehicle for two months.

The Lemon Law angle is probably your strongest option because it’s specifically designed for situations like this. California takes it pretty seriously, and the dealership’s repeated failed attempts to fix the same issue is exactly what the law addresses.

Before you spend more money or time, I’d recommend sending them a formal demand letter outlining what’s happened and what you want (either a refund or a working vehicle). This puts them on notice and creates documentation that you tried to resolve it before pursuing legal action. If they don’t respond within a reasonable time, you’d have a strong case for small claims or civil court.

Did that cover what you needed, or is there something else about your options you’d like me to clarify? Thank you so much for using my help with this.

Lawyer, Esquire

Great. I'd recommend starting with that demand letter to the dealership. It's your first step and it's important because it shows you tried to resolve this before taking legal action. If you need help figuring out what to include in that letter or have questions about the next steps, I'm here. Otherwise, is there anything else you'd like to discuss about this situation?

Lawyer, Esquire

I appreciate you wanting to move forward with this. Unfortunately, this is an online question and answer platform only, and the terms of service actually prohibit us from creating an attorney-client relationship. So I can’t act as your attorney by drafting a demand letter for you. I’m sorry for that disappointing news. That said, I can definitely walk you through what a demand letter should include so you can write one yourself or take it to a local attorney who can help you draft it on letterhead.

Your demand letter should include:

1. Your name, address, and contact information at the top
2. The dealership’s name and address
3. A clear description of what happened, including the dates you brought the truck in, the original problem, and each repair attempt
4. The total amount you’ve paid so far (33,700)
5. A statement that the truck still has the original problem and is not fixed
6. What you’re demanding (either a full refund of all repair costs or completion of the repairs at no additional charge)
7. A specific deadline for them to respond (usually 30 days)
8. A statement that if they don’t comply, you’ll pursue legal action
9. Your signature and the date

Keep the tone professional and factual. Stick to what happened without being emotional or accusatory. Make it clear you’re giving them one last chance to make this right before you sue.

Is there anything else about the demand letter or your next steps you’d like to go over?