Consumer Law

Flaws in the Car Buyers Bill of Rights

By Kemnitzer, Anderson, Barron, Ogilvie & Brewer

California's Car Buyers Bill of Rights gives used car buyers the right to return the vehicle for any reason within two days, but only if the buyer agrees to pay a fee ranging from $75 to $400 depending on the price of the vehicle. The first problem is that many dealers are persuading buyers to waive this protection. A second problem is that some dealers are simply refusing to take vehicles back even when the buyers paid for the return option. Some refuse to take back vehicles without payment of unauthorized "restocking" fees.

On November 28, 2007, consumer groups held a press conference on the steps of the Capitol to highlight the defects in the law. Rosemary Shahan of the consumer group CARS pointed out there is no good reason a buyer should have to pay anything for the two day right of return. If the vehicle is returned, the law provides for reasonable "restocking" fees and that should be sufficient compensation for the inconvenience.

Rosemary presented KABOB client Oscar Marin Fuentes as someone who was not protected by the Car Buyers Bill of Rights. Fuentes purchased a used 2005 Chevy Silverado from Capital City Motors in Sacramento. The dealer had Fuentes, who does not speak fluent English, waived the two right of return. With a day or two after taking delivery, Fuentes noticed that door would not seal and air was coming in gaps in the cabin. Fuentes returned the truck to the dealer the next day asking for his $23,500 back, but the dealer refused. Investigation revealed the truck had been in two severe accidents, one a roll-over. The air bags had popped.

At the news conference, Fuentes showed the press the problems with the truck. ABC News' video on Fuentes discussing the problems with the truck is here.

Full post as published by Lemon Law Blog on November 29, 2007 (boomark / email).