Buying a new car can be one of the most exciting and memorable experiences of your life. You may buy the car that stays with you for years, maybe even decades. You might even plan to give it to your children or grandchildren one day. Regrettably, buying a new car can go a very different way. You could end up being taken advantage of and left with a new car that’s actually a total lemon. If that happens, you may be wondering, “Can you return a new car in California?”
Understand the Lemon Law in California
When you buy a new vehicle in California, it generally comes with a manufacturer’s warranty. If you have that, it’s a solid first step toward returning it to the manufacturer if it’s a lemon. You could also get fully reimbursed for your purchase or even be given a replacement vehicle. This is all thanks to California’s Lemon Law, which protects consumers who have bought defective vehicles and gives them a way to seek compensation from the manufacturers.
California’s Lemon Law, which is also known as the Song-Beverly Consumer Warranty Act, is a piece of statewide legislation that provides consumers with additional legal protection in the unfortunate event they end up purchasing a lemon. For a car to be considered a lemon by California state law, it has to meet certain criteria. It must have a defect that’s covered under the manufacturer’s warranty, have gone through multiple repair attempts, and is an imminent danger to its owner and others.
Can You Return a New Car in California?
Yes, you can return a new car in California. Nobody ever wants to do this, as a new car can be a fun, exciting, and memorable purchase. Nevertheless, it sometimes has to be done, especially if the vehicle is determined to be a lemon. To return a new car under the Lemon Law, it must meet the listed criteria and have a significant defect that affects the vehicle’s use, safety, and/or value. Otherwise, there are other situations in which returning a new car is possible.
Contract Cancellation
It may be possible to return your new car during the cooling-off period, though this may not always work out, depending on the dealer. To do this, you would need to meet certain criteria and, even then, there are no guarantees. You would need to return the car within two days of purchase, in the same condition, with the permitted mileage, and with the option of a contract cancellation.
Some car dealers, though not all, may offer you an option for a contract cancellation. If this is available in your contract, you may have additional time to return the car. However, it may be wise to ask the dealer about this option before purchasing a vehicle.
That way, you can know if you can return it if you suddenly change your mind. Keep in mind that dealers in California generally do not have a prolonged cooling-off period, as they are not legally required to have one.
Statute of Limitations
Buying a new car and realizing it’s a lemon can really hurt your trust in people and make you want to seek recompense of some sort. That may come in the form of legal action against the manufacturer. If you decide to take that route, you should pay attention to California’s statute of limitations on Lemon Law claims. Generally, you will have four years from the date you discovered the defect to build a strong case and file a claim for reimbursement.
If you do not file your claim before four years have passed, your claim will be completely denied and tossed out. California takes deadlines very seriously with Lemon Law claims.
What to Do if You Need to Return Your New Car
If you’ve purchased a new car within the past three days and have not driven it much, returning it may be as simple as going back to the dealership and letting them know that you don’t want the car, then paying the restocking fee. However, not all drivers are returning their cars out of personal preference. In some cases, it may not be possible to keep new cars if they have defects that impact their usability, safety, or value.
If your new car is a lemon, you’re not just choosing to return the car because you don’t like it. Your vehicle is experiencing one or more problems covered under its factory warranty that make it unusable, unsafe, or less valuable than it should be. You should:
- Take the vehicle to an authorized manufacturer dealership. Don’t try to perform DIY repairs on your car or take it to an unauthorized mechanic, as these steps could void your warranty. Instead, bring your car to the dealership where you bought it as soon as you realize that something is wrong.
- Get documentation. Make sure the service advisor accurately documents your complaint on the repair order. You’ll need this repair order as evidence that you attempted to have the problem fixed.
- Keep copies of all invoices. You should keep both physical and digital copies of all the repair invoices you receive as you try to resolve the problem, not just the initial drop-off slip.
- Contact an attorney. California’s lemon laws can be complicated. It’s worth hiring a lemon lawyer to help you file a claim in the Golden State. The dealership’s insurance company may try to argue that you don’t deserve a full settlement. Your attorney will protect your rights and interests throughout the legal process of returning your car.
As frustrating as it is, you need to keep the vehicle until you’ve submitted the notice of your intent to file a claim with the manufacturer or dealership. The car itself could also act as valuable evidence in your lemon law case.
Reasons to Hire a Lemon Law Attorney
There were over 22,000 lemon law claims filed in California in 2022. Since then, the number of claims has gone down due in large part to legislative changes that make it more difficult to have your car declared a lemon and get your money back. It’s essential that you hire an attorney as soon as you realize that you’ve been sold a lemon, as recent changes in lemon law legislation mandate a shorter statute of limitations of just one year from the time you discovered the defect.
Working with a lemon law attorney isn’t just the most effective way to make sure that you recover full compensation. Your lawyer can handle all the details of your case, taking the stress off your plate, and make sure that you file all your paperwork correctly so that you won’t miss any important deadlines. Plus, working with Lemon Law Pro doesn’t require you to pay a cent. We take 100% of our fees from the auto manufacturer that sold you the lemon, to begin with.
FAQs
How Long Do I Have to Return a Car After Purchase in California?
In California, the amount of time you may have to return a car after purchase depends entirely on the details of your contract and whether you have purchased a contract cancellation option. Under the CARS Act, you have three days to return the car if it meets certain criteria. Your contract may have a different timeframe, but it is generally three days.
Is There a Cool-Off Period for New Cars in California?
There is a three-day cool-off period for new cars in California. You can only return the car if you’ve had it for less than three days, it has less than 400 miles on it, and it’s in the same condition it was in when you purchased it. You may be required to pay a restocking fee when you return your car to the dealership.
Is There a Buyer’s Remorse Law in California?
There is no general buyer’s remorse law in California, but an exception is made for cars. In most cases, the CARS Act applies, and you can bring the vehicle back as long as you’ve had it for less than three days and driven it for less than 400 miles. If you purchase the option to cancel the contract, you may have to pay additional fees, but you might also buy your way out of the contract, as well.
How Long After Buying a New Car Can You Return It?
In California, you can return a new car within three days of ownership. If you want to bring the car back after that period, whether or not you can do so largely depends on the dealer, as there is no additional buyer’s remorse law in California. You should exercise care when deciding whether to make a major purchase such as a new vehicle.
Contact a Lawyer Today
At Lemon Law Pro, we can take charge of your case absolutely free. We only get paid if we are successful in your case, and we get paid directly from the manufacturer. There is no cost to you whatsoever. You need strong legal representation through this type of case. We can build your argument and gather evidence to support it. Our team advocates for clients statewide in California. Contact us to speak with a team member about your case today.
Spanish 
