How Can You Prove That a New Car is Defective?

To give yourself the best chance of ending up with a car that you love, make sure you inspect the vehicle thoroughly before agreeing to the purchase.

Buying a new car is an exhilarating experience. There’s nothing quite like driving off the lot in a brand-new car that perfectly matches what you want in your daily driver. Months of research, countless test drives, and too much time spent overthinking have finally paid off, and you’ve got your dream car! What many buyers don’t anticipate is the chance of experiencing problems with their vehicle right from day one.

While not incredibly common, some vehicles in the United States are manufactured and sold with inherent defects. The severity of these defects varies significantly on a case-by-case basis; one car might suffer from unsightly peeling paint, while another vehicle could have persistent engine issues that increase the risk of a serious crash. Regardless of the scale of the problem, you don’t want to be stuck paying for a car that falls short of your expectations.

Hopefully this article helps you avoid any regrets the next time you stop by a dealership to pick out a new car!

What is a “Lemon” Vehicle?

You may have heard a defective car referred to as a “lemon” in conversation before. The term “lemon” is used to describe a brand-new vehicle that has a significant malfunction or defect that makes it unsafe to operate. It’s important to note that, in most cases, used cars cannot be classified as lemons and are not subject to the same federal regulations as new cars. 

Used vehicles may not be safe for use on the road, but in many cases this is due to improper maintenance, collision damage, or dangerous owner modifications. It is incredibly challenging to prove that a used vehicle is unsafe specifically due to a defect or design flaw that was present when the car left the factory it was built at. 

Evidence to Gather if You Believe Your New Car is Defective

If you find yourself in the unfortunate position where you believe your new car is a lemon, it’s important to immediately begin gathering evidence of the car’s defects. To force the manufacturer to take responsibility and take the defective vehicle off your hands, you’ll need to demonstrate that the car is not performing correctly even after bringing it in repeatedly for service. You’ll want to gather the following evidence to back up your claim:

• Proof of when the vehicle was initially purchased and the condition of the car at the time of purchase
• Documentation, such as repair bills, that outline when you first discovered problems with your vehicle
• When test drives were conducted, the names of the mechanic or sales representative present for the test drive, and whether you were present to point out the defect as it occurred 
• Proof that you visited a dealership or certified service center multiple times for the same issue, and that it was never satisfactorily resolved 
• Evidence showing you gave the dealership a reasonable opportunity to fix your vehicle

You should keep records of any communication between you, the dealership, and the manufacturer of your vehicle. Ensure that conversations are marked with the date and time at which they occurred. Try to correspond via email, so you have written records of what was said on both sides of the conversation. 

What Happens if a Car is Successfully Deemed a Lemon?

The threshold for a car being deemed a lemon varies from state to state. In Tennessee, for example, if a car spends more than thirty days in a repair shop for issues discovered within the first year of ownership, it will be declared a lemon. At that point, the dealership must either offer the buyer a refund, provide a replacement vehicle, or offer a cash settlement. Essentially, once a car is declared a lemon, you are owed compensation for the inconvenience experienced. 

Tips for Avoiding Lemons When Buying a New Car

Unfortunately, there’s really no surefire way to guarantee that your new car won’t have issues that pop up after you drive the vehicle off the lot. However, there are steps you can take to ensure you have the best chance of receiving a quality car that you’ll be very happy with!

For starters, you should do your own research into the car’s reputation and reliability record. Models with a long history of owner complaints or unfavorable ratings by reputable industry sources should be approached with caution. Generally speaking, it may be a good idea to avoid the first production year of a new or redesigned car, as they may have some issues that weren’t fully ironed out before production (the 2024 Dodge Charger Daytona and 2023/2024 Tesla Cybertruck are excellent examples). 

Before purchasing a car off the lot, do a thorough inspection of the vehicle’s exterior and interior. You should bring a mechanically-savvy friend and pop the hood up. Look for signs of excessive grease, corrosion, wet spots, melted wires, and dirty fluids. Take the car on a thorough test drive, paying particular attention to the vehicle’s handling, braking, and tire performance. 

Enjoy Your New Car, Hassle-Free

To give yourself the best chance of ending up with a car that you love, make sure you inspect the vehicle thoroughly before agreeing to the purchase. If any issues do turn up, proper documentation is your new best friend. We hope this article helps you pick out the perfect car for you and your family when you next stop by a dealership.