What Should I Do If My Brand-New Car Has Problems?

You just bought a brand-new car.

Instead of enjoying that new-car smell, you’re wondering why the engine is making a strange noise.

Or why the check-engine light is on.

Or why the transmission doesn’t shift correctly.

Or why the vehicle’s electrical system keeps malfunctioning.

Maybe you’ve already taken it back to the dealership.

“What am I supposed to do with a brand-new car that already has problems?”

The answer starts with documentation.

A New Car Should Not Be a Repair Project

Some problems are minor.

A loose piece of trim or a defective accessory may be annoying but relatively easy to fix.

Other problems are much more significant.

Examples might include:

  • Engine problems.
  • Transmission problems.
  • Repeated electrical failures.
  • Persistent warning lights.
  • Steering problems.
  • Braking problems.
  • Airbag or restraint-system problems.
  • Repeated loss of power.
  • Problems that cause the vehicle to stall.
  • Charging problems with an electric vehicle.
  • Serious software or computer problems.
  • Defects that repeatedly leave the vehicle inoperable.

If a serious problem keeps coming back despite warranty repairs, you may have more options than simply continuing to take the car to the dealer over and over again.

Take It to an Authorized Dealer

If the vehicle is covered by the manufacturer’s warranty, report warranty problems to an appropriate authorized repair facility.

When you drop off the vehicle, be specific when describing the problem.

Give details:

“The transmission hesitates when accelerating from approximately 20 to 30 mph.”

Specific information makes it easier for the technician to investigate the complaint and creates a better record of what you reported.

Keep Your Repair Orders

This may be the most important practical advice in this article.

Keep every repair order.

Don’t throw them away.

Don’t assume the dealership has everything you need.

Don’t assume the manufacturer will have a complete record if you later need it.

Keep copies of:

  • Repair orders.
  • Warranty invoices.
  • Diagnostic reports.
  • Correspondence.
  • Text messages.
  • Emails.
  • Towing receipts.
  • Rental-car receipts.

* Photos.

  • Videos.

Create one folder for the vehicle.

Your goal is to be able to reconstruct the entire history of the problem.

If the dealer tells you that you don’t need any paperwork, tell them you need it for your own records, and don’ t leave without it. 

What If the Dealer Says the Problem Is “Normal”?

Sometimes a dealership will tell a customer:

“They all do that.”

That may be true.

It may also be wrong.

The important question isn’t simply what a service adviser says.

If you’re concerned about a serious defect, document the concern and the dealer’s response.

If the problem affects the vehicle’s safety, reliability, performance, or usefulness, consider obtaining a second opinion or having the matter reviewed by an attorney before giving up.

When Should You Start Thinking About Lemon Law?

Lemon Law.

Nevada has laws designed to protect certain consumers who purchase new motor vehicles that fail to conform to applicable express warranties after a reasonable number of repair attempts.

The law creates presumptions after four repair attempts for the same continuing nonconformity or 30 cumulative calendar days out of service for repairs during the applicable period. 

The four-repair and 30-day provisions are important benchmarks, but they aren’t necessarily the only parts of Nevada Lemon Law that matter.

What Makes a Problem Serious Enough?

Nevada’s statute focuses on whether the nonconformity substantially impairs the vehicle’s use and value to the buyer, among other requirements. 

That’s why there isn’t a simple list of “approved lemon defects.”

An engine problem might qualify.

A transmission problem might qualify.

A recurring electrical problem might qualify.

A serious safety defect might qualify.

But whether a particular defect is legally significant depends on the facts.

What If My Car Is Still Being Repaired?

Don’t assume you need to wait for a final repair.

If your vehicle is currently in the shop and you’ve already experienced multiple failed repair attempts, this may be the time to investigate your rights.

The sooner you understand the situation, the better positioned you are to make decisions about future repairs and negotiations.

Don’t Wait Too Long

Nevada’s Lemon Law has an 18-month deadline for making a claim. The clock starts when the new vehicle is delivered to the original owner.  

There are also important timing rules concerning when defects must be reported and when the manufacturer must be given an opportunity to repair them.

If you bought the car recently and you’re already experiencing serious warranty problems, investigate them now.

What About Magnuson-Moss?

There may also be federal warranty remedies.

The Magnuson-Moss Warranty Act applies to qualifying consumer products covered by warranties.  

But Magnuson-Moss is not simply a general “bad car” law.

If the manufacturer’s original warranty has expired, then Magnuson-Moss probably won’t help.

You Don’t Have to Know the Legal Name of Your Problem

This is important.

You don’t need to search Google for:

“Nevada Lemon Law NRS 597.630”

You can simply search:

“My new car keeps breaking down.”

Or:

“What do I do if my brand-new car is defective?”

Or:

“Why has my new car been in the shop three times?”

Those are legitimate questions.

And sometimes the answer may involve Lemon Law.

You Don’t Pay Us. The Manufacturer Pays Our Legal Fees.

If you have a qualifying Lemon Law claim, you may be able to hire a lawyer without paying an attorney’s fee out of pocket.

You don’t pay us. The manufacturer pays our legal fees.

The availability of fee recovery depends on the claims and circumstances, so the first step is determining whether your situation qualifies.

Take the 30-Second Quiz

If your new car is giving you problems, take our:

30-SECOND NEVADA NEW CAR PROBLEM QUIZ

Answer a few questions about your vehicle and repair history and find out whether your situation may be worth a closer look.

This site is for informational use only, does not provide legal advice, and does not create an attorney-client relationship through browsing or form submissions.

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