Week old vehicle leaking oil from engine block

[needAdviceLemonLaw]

What is the name of your state? California

I traded in our 2011 Toyota Highlander and purchased a brand new 2018 Honda Odyssey from the dealer on July 13, 2018. When I brought it home I noticed it leaking, the rear climate control was broken, and there was a deep scrape on the passenger side door panel. I brought it into the dealer today, July 21, 2018 and they fixed the climate control, still need to order the passenger side door panel, and they told me oil is leaking from the engine block and is not driveable. They said itwill take a little over a week to fix and that they need to contact honda on the issue since it's a manufacturer defect. I asked for them to take it back, but they refused and that it will be fixed. They gave me a free rental, but now I am paying for a vehicle that I am not able to drive. Do I have any action under the lemon law? Thanks in advance.

 

[quincy]

What is the name of your state? California

I traded in our 2011 Toyota Highlander and purchased a brand new 2018 Honda Odyssey from the dealer on July 13, 2018. When I brought it home I noticed it leaking, the rear climate control was broken, and there was a deep scrape on the passenger side door panel. I brought it into the dealer today, July 21, 2018 and they fixed the climate control, still need to order the passenger side door panel, and they told me oil is leaking from the engine block and is not driveable. They said it will take a little over a week to fix and that they need to contact honda on the issue since it's a new vehicle. I asked for them to take it back, but they refused and that it will be fixed. They gave me a free rental, but now I am paying for a vehicle that I am not able to drive. Do I have any action under the lemon law? Thanks in advance.

You will need to give the dealer a reasonable amount of time to repair the car.

 

[quincy]

Here is a link to information on California's Lemon Law: http://dca.ca.gov/acp/pdf_files/englemn.pdf

 

[adjusterjack]

The lemon law requires several attempts to repair something with no success. You aren't there yet.

 

[Zigner]

The lemon law requires several attempts to repair something with no success. You aren't there yet.

No, not exactly - read Quincy's link.

 

[quincy]

I know when you buy a new car, you expect to be able to drive it without issue for more than a few days.

Although I can understand your disappointment, with luck the repairs will be completed in a week.

It's not ideal, but at least you were provided with a free rental.

Good luck.

 

[needAdviceLemonLaw]

Thank you for the responses. Can the consumer protection act apply to this purchase since they sold the vehicle to me this way and did not do any inspection to the vehicle before selling it to me? If they did, they would have at least found that the rear climate control was broken. The actual button was stuck. Again, thanks for the advice.

 

[quincy]

You need to allow the dealer to make repairs.

 

[adjusterjack]

No, not exactly - read Quincy's link.

Yes, exactly.

Read the statute: 1793.22 (b):

http://autopedia.com/html/LemonLaw/CA_lemonlaw2.html

The word "several" is appropriate (two or four attempts depending on the nature of the non-conformity) or the 30 day thing could apply.

 

[adjusterjack]

Thank you for the responses. Can the consumer protection act apply to this purchase since they sold the vehicle to me this way and did not do any inspection to the vehicle before selling it to me? If they did, they would have at least found that the rear climate control was broken. The actual button was stuck. Again, thanks for the advice.

It's a brand new car. It's ridiculous to expect the dealer to inspect every function. That's what the warranty is for.

But, yes, the lemon law does apply. Read it at the link I just posted.

 

[HighwayMan]

They gave me a free rental, but now I am paying for a vehicle that I am not able to drive.

While you're not driving the vehicle you paid for you were provided a free loaner - that's more than adequate compensation.

It's not uncommon for brand new vehicles, even Hondas, to have minor issues that require trips back to the dealer to correct.

 

[Zigner]

Yes, exactly.

Read the statute: 1793.22 (b):

http://autopedia.com/html/LemonLaw/CA_lemonlaw2.html

The word "several" is appropriate (two or four attempts depending on the nature of the non-conformity) or the 30 day thing could apply.

I read your statement differently - I read it as in several attempts to repair something, but not necessarily the same thing. I agree with you that several attempts to repair the same thing without success can trigger application of the lemon law.