Our family bought a used Jeep from a used car dealership, the Jeep has a soft top. Before sitting down for negotiations I asked the sales person if it had any problems with leaks, he said no, it doesn't leak. I then asked if we could run a hose over the top to make sure, he assured me that if it leaked they would know because they wash them every other day. I did not demand a hose be run over because I thought we could trust this person to be honest. At the time of purchase our first child was 2 months old, so leaking and possible mildew inside would have made this a no go for our family. Less than a week after purchase it rained, water poured in from 6 or so different places along the roof in steady streams, within minutes the carpet was soaked, keep in mind this was a heavy rain fall. We immediately contacted the dealership, they asked us to bring it down that they couldn't believe it leaked. Fast forward three weeks now, they have tried fixing the leaks 3 different times with no fix, some spots have gotten better, but some spots that we didn't notice leaking before now leak. Do we have any ground to stand on since we do not have it in writting that they guaranteed no leaks?
Sorry for your problems. This sounds like a good lemon case to me, but, I would want the consumer to get some written evidence of the promise of non-leakage and the attempts to fix.
You may have a claim under the CA lemon law. You should get all your records together, including keeping track of what individuals you dealt with at the dealership and what representations were made to you. Then you should contact a lemon law/auto dealer fraud attorney in your area. Good luck.
I would need more facts to see if the car is still under the applicable original factory warranty. If so, the yes, it may be covered by a Lemon Law Claim.
Additionally, you may have a claim under Cal. Civ. Code 1750 as well as 17500 and under Bus. Prof. Code 17200.
I highly recommend consulting with an attorney.
This answer should not be used as a final ruling on your case as more facts are needed to fully understand and expound upon your legal inquiry. This answer should be used a short introduction to the legal theories that may apply.
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