You bought a new vehicle.
Something doesn’t seem right.
You take it to the dealership.
After looking at the vehicle, the service adviser tells you:
“That’s normal.”
Maybe the vehicle jerks when shifting.
Maybe the brakes make a strange noise.
Maybe the steering feels unusual.
Maybe the engine makes a noise you’ve never heard before.
Maybe the vehicle occasionally loses power.
What should you do when the dealership says the condition is normal?
Ask what “normal” means
“Normal” is not a diagnosis.
If the dealership says your vehicle is operating normally, ask:
Normal compared to what?
You can ask whether the same condition occurs on another vehicle of the same year, make and model.
You can ask whether the manufacturer has published technical information about the condition (a TSB).
You can ask the dealer to document the concern and its conclusion on the repair order.
You do not have to get into an argument.
You simply want a clear record.
Get the explanation in writing
Suppose you tell the dealership:
“The transmission violently jerks when shifting from second to third gear.”
The dealership says:
“Normal operation.”
Ask that response to be documented.
The resulting repair order might say:
“Customer reports harsh shift from 2-3. Technician road tested vehicle. Unable to duplicate. Vehicle operating within manufacturer specifications.”
That gives you considerably more information.
Why this matters
Later, someone reviewing the vehicle’s history can see:
- You reported a specific problem.
- The dealer inspected the vehicle.
- The dealer said it was normal.
- You reported it again.
- The problem continued.
- Eventually, the manufacturer performed a repair.
What if the manufacturer later issues a technical service bulletin?
A Technical Service Bulletin, or TSB, can be useful information.
A TSB generally provides service information to dealers about a known issue or recommended diagnostic or repair procedure.
But a TSB is not the same thing as a recall, and neither a recall or a TSB automatically
establishes a Lemon Law claim.
What if the problem is a characteristic of the model?
That can create an interesting issue.
Suppose every vehicle of the same model has a particular characteristic.
That does not automatically answer whether the vehicle conforms to its express warranty or
whether the condition substantially impairs its use and value.
The specific warranty language and facts matter.
Don’t assume “normal” means you have no case
The dealership’s statement is evidence.
It is not necessarily the final word.
If the condition continues, keep documenting it.
If another dealership gives you a different diagnosis, keep that documentation too.
If the manufacturer becomes involved, keep those communications.
What if the problem is serious?
The more significant the problem, the more important it is to document.
A cosmetic rattle is different from: Service Bulletin, or TSB, can be useful information.
A TSB generally provides service information to dealers about a known issue or recommended diagnostic or repair procedure.
But a TSB is not the same thing as a recall, and neither a recall or a TSB automatically
establishes a Lemon Law claim.
What if the problem is a characteristic of the model?
That can create an interesting issue.
Suppose every vehicle of the same model has a particular characteristic.
That does not automatically answer whether the vehicle conforms to its express warranty or whether the condition substantially impairs its use and value.
The specific warranty language and facts matter.
Don’t assume “normal” means you have no case
The dealership’s statement is evidence.
It is not necessarily the final word.
If the condition continues, keep documenting it.
If another dealership gives you a different diagnosis, keep that documentation too.
If the manufacturer becomes involved, keep those communications.
What if the problem is serious?
The more significant the problem, the more important it is to document.
A cosmetic rattle is different from:
- loss of braking;
- loss of steering;
- engine stalling;
- sudden loss of propulsion;
- repeated transmission failure;
- serious overheating; or
- an electrical problem that disables critical systems.
A vehicle that technically remains driveable can still have a substantial defect.
Could a “normal” condition become a Lemon Law issue?
Potentially.
Nevada law looks at whether the vehicle conforms to applicable express warranties and
whether a qualifying defect or condition substantially impairs its use and value.
If a manufacturer argues that a serious condition is normal, the question may ultimately
become one of evidence.
What did the consumer experience?
What does the warranty require?
What did the dealership find?
What repairs were attempted?
Did the problem continue?
How did it affect the vehicle?
What should you do next?
Don’t immediately threaten the dealership.
Don’t exaggerate.
Don’t modify the vehicle to try to fix the problem yourself.
Instead:
Document it.
Report it.
Get the response in writing.
Keep the repair records.
Monitor whether the problem continues.
If the manufacturer eventually acknowledges the problem, you will have a record showing that you reported it earlier.
Take the 30-Second Nevada New Car Problem Quiz
If your new car has been in the shop repeatedly, you don’t have to figure out whether it might be a lemon by yourself.
Take our 30-second Nevada New Car Problem Quiz.
We’ll ask about your vehicle, warranty, repair history and time out of service.
Precision Injury Law represents Nevada consumers with qualifying vehicle warranty and Lemon Law problems.
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