# Brand new car has oil leak **URL:** \ **Category:** Maintenance/Repairs\ **Created:** [September 28, 2007, 10:57pm UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241 "2007-09-28T22:57:26Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![RIDGE1](https://avatars.discourse-cdn.com/v4/letter/r/919ad9/32.png) [@RIDGE1](https://community.cartalk.com/u/RIDGE1)\ **Post date:** [September 28, 2007, 10:57pm UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/1 "2007-09-28T22:57:26Z")
I PURCHASED A NEW 2007 HONDA ACCORD LX FROMA DEALER THAT HAS A MAJOR OIL LEAK. IS THIS NECESSARILY A MAJOR PROBLEM? SHOULD I HAVE A RIGHT OF RESCISSION (THE CAR ONLY HAS 59 MILES ON IT)? ---
**Author:** ![SteveF](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/stevef/32/2_2.png) [@SteveF](https://community.cartalk.com/u/SteveF)\ **Post date:** [September 28, 2007, 11:39pm UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/2 "2007-09-28T23:39:19Z")
The dealer has a major oil leak? That’s not healthy. Oh, you mean your car! Well,no problem. It’s under warranty. Bring it in and he will fix it, no charge. There’s no urgency; you have 3 years or 36,000 miles to get your free repair. ---
**Author:** ![dodge\_racer16](https://avatars.discourse-cdn.com/v4/letter/d/cab0a1/32.png) [@dodge\_racer16](https://community.cartalk.com/u/dodge_racer16)\ **Post date:** [September 29, 2007, 12:03am UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/3 "2007-09-29T00:03:42Z")
I can’t think of any reason why a car would have an oil leak straight from the dealer other than it may have a loose oil filter. Bring it back to them and have them check it out. ---
**Author:** ![RIDGE1](https://avatars.discourse-cdn.com/v4/letter/r/919ad9/32.png) [@RIDGE1](https://community.cartalk.com/u/RIDGE1)\ **Post date:** [September 29, 2007, 12:16am UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/4 "2007-09-29T00:16:11Z")
So you don’t think it’s serious? It was on the dealer lot since 8/3/07? Don’t you think the dealer has had to top off the oil by now? If so, why wouldn’t they fix it? Or could it have hit a bump and jarred something loose? ---
**Author:** ![ok4450](https://avatars.discourse-cdn.com/v4/letter/o/e9bcb4/32.png) [@ok4450](https://community.cartalk.com/u/ok4450)\ **Post date:** [September 29, 2007, 2:00am UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/5 "2007-09-29T02:00:18Z")
Not all new cars are infallible. They’re production line items and a certain number of anything is going to have a few problems. If this is engine oil then I would say the first thing to do is pop the hood and check the oil level. After that, assuming the oil level is fine, is take it back. That’s what warranty is for. ---
**Author:** ![VDCdriver](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/vdcdriver/32/30_2.png) [@VDCdriver](https://community.cartalk.com/u/VDCdriver)\ **Post date:** [September 29, 2007, 10:59am UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/6 "2007-09-29T10:59:56Z")
Is a major oil leak a major problem? Well, any oil leak on a new car is absolutely unacceptable, and if a leak is “major”, it could cause you to operate the vehicle while the engine is dangerously low on oil. Of course, you did not define the oil leak in terms of quantity or how often you have to add oil, but, in general, an oil leak of “major” proportions could cause you to operate the vehicle with insufficient oil–and that is indeed a major problem. So–as was said, you should immediately avail yourself of the protection of the warranty with which the car came. Begin by reading the terms of the various warranties (there are several, including the powertrain warranty, the bumper-to-bumper warranty, the emissions warranty, the seatbelt warranty, the rust-through warranty, and perhaps one or two others) and familiarizing yourself with their terms. Also, read the details on the Lemon Law in your state, just in case the dealer does not rectify the problem on the first try. Make sure that every repair attempt is documented and that you have a copy of the documentation in case you have to invoke the Lemon Law. Good luck! ---
**Author:** ![thechums](https://avatars.discourse-cdn.com/v4/letter/t/8c91f0/32.png) [@thechums](https://community.cartalk.com/u/thechums)\ **Post date:** [September 29, 2007, 2:55pm UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/7 "2007-09-29T14:55:23Z")
Don’t drive it! Call the dealer and have them pick it up. Before they arrive, check the oil level; if unreadable, show them and document that since it may have caused damage that may not show up for years. Here, I would argue for a new replacement car. If the oil level is readable, then you are likely fine once they tighten whatever needs tightening. ---
**Author:** ![VDCdriver](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/vdcdriver/32/30_2.png) [@VDCdriver](https://community.cartalk.com/u/VDCdriver)\ **Post date:** [September 29, 2007, 3:03pm UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/8 "2007-09-29T15:03:35Z")
Quote: “Here, I would argue for a new replacement car.” Well, one could try to argue that point, but the odds of winning that argument are somewhere between highly unlikely and impossible. This type of situation is why cars come with warranties, and why states enacted so-called Lemon Laws that come into play if problems cannot be rectified under the terms of the warranty during a specified period of time. Consumers have recourse under existing warranties and under existing statutes, and as a result, manufacturers are unlikely to offer relief that goes beyond those forms of recourse. The manufacturer is entitled to a reasonable attempt to fix the problem, and the definition of “reasonable” will be found in the text of the Lemon Law for that particular state. ---
**Author:** ![RIDGE1](https://avatars.discourse-cdn.com/v4/letter/r/919ad9/32.png) [@RIDGE1](https://community.cartalk.com/u/RIDGE1)\ **Post date:** [September 29, 2007, 3:03pm UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/9 "2007-09-29T15:03:51Z")
I JUST CALLED THE DEALER AND THEY SAID THERE IS LEAKING IN THE OIL PAN GASKET, AND THAT THE SERVICE MANAGER WOULD NEED TO LOOK AT IT. THIS DOESN’T SOUND GOOD. ANY THOUGHTS? THANKS! ---
**Author:** ![Joe-Guy](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/joe-guy/32/124_2.png) [@Joe-Guy](https://community.cartalk.com/u/Joe-Guy)\ **Post date:** [September 29, 2007, 3:15pm UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/10 "2007-09-29T15:15:16Z")
If it really is the oil pan gasket, it is a minor problem and you need not worry. But keep in mind that most states have a “lemon law”. If you bring a new car in three or more times for the same problem, the dealer would need to replace the vehicle. Do a google search for the lemon law for your state for future reference. ---
**Author:** ![RIDGE1](https://avatars.discourse-cdn.com/v4/letter/r/919ad9/32.png) [@RIDGE1](https://community.cartalk.com/u/RIDGE1)\ **Post date:** [September 29, 2007, 3:28pm UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/11 "2007-09-29T15:28:36Z")
HOW ABOUT THE 3-DAY RIGHT OF RESCISSION? ---
**Author:** ![Joe-Guy](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/joe-guy/32/124_2.png) [@Joe-Guy](https://community.cartalk.com/u/Joe-Guy)\ **Post date:** [September 29, 2007, 3:35pm UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/12 "2007-09-29T15:35:52Z")
I am not a lawyer but I believe the right to rescission does not apply to motor vehicle purchases. ---
**Author:** ![Joseph\_E\_Meehan](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/joseph_e_meehan/32/21_2.png) [@Joseph\_E\_Meehan](https://community.cartalk.com/u/Joseph_E_Meehan)\ **Post date:** [September 29, 2007, 4:13pm UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/13 "2007-09-29T16:13:37Z")
``` We don't know enough to say much of anything yet. What exactly does major oil leak mean? (OK if it is that pan gasket, it may leak a lot of oil, but it is a minor problem) This kind of issue is not at all unusual for a new car. Unless you drove it with very low oil, it should not be any kind of a problem. ``` I doubt if you have any right to return the car now but you will be covered under the lemon law if it turns out to be an ongoing problem. ---
**Author:** ![VDCdriver](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/vdcdriver/32/30_2.png) [@VDCdriver](https://community.cartalk.com/u/VDCdriver)\ **Post date:** [September 29, 2007, 4:19pm UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/14 "2007-09-29T16:19:40Z")
I really think that you are over-reacting, as exemplified by your use of all CAPS when posting. While an oil pan gasket leak on a new car is somewhat unusual, it is not unheard of. As long as it is rectified under warranty, you should have no problems–as long as the engine was not operated with insufficient oil. However, I don’t believe that you ever told us about the oil level. And, if the leak persists after 3 attempts at fixing it, you should be eligible for relief under the terms of your state’s Lemon Law. Have you read the text of it yet, as I earlier suggested? ---
**Author:** ![lenjack](https://avatars.discourse-cdn.com/v4/letter/l/f475e1/32.png) [@lenjack](https://community.cartalk.com/u/lenjack)\ **Post date:** [September 29, 2007, 6:19pm UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/15 "2007-09-29T18:19:43Z")
As previously mentioned, you also need to fix your stuck CapsLock key. ---
**Author:** ![pleasedodgevan](https://avatars.discourse-cdn.com/v4/letter/p/51bf81/32.png) [@pleasedodgevan](https://community.cartalk.com/u/pleasedodgevan)\ **Post date:** [September 30, 2007, 3:39am UTC](https://community.cartalk.com/t/brand-new-car-has-oil-leak/5241/16 "2007-09-30T03:39:41Z")
You are right, it doesn’t.