California Lemon Law – Page 49 – California Lemon Law blog

In the United States all new automobiles come with a manufacturer’s written warranty. This warranty is a detailed document outlining what repairs the manufacturer will cover, for a specified period of time or until a certain mileage is reached on the vehicle. This warranty is usually accompanied by an implied warranty which is an unwritten promise that the vehicle being sold will meet certain standards and is fit to operate for the purpose in which it is intended to be used. Because this warranty is not written down, it is up to the buyer to prove that the seller withheld information about problems with the vehicle at the time of sale. If a vehicle is being sold “as is” or “with faults” the implied warranty will be void.

When dealing with used cars, warranties becomes more complicated. Some used cars come with the remaining manufacturer’s warranty if the expiration year or mileage limit has not yet been reached and some require the consumer pay to activate it. If the used car dealer picks up the cost of the remaining manufacturer’s warranty, it is considered a car warranty, but if the consumer is asked to pay an extra cost to activate the remaining manufacturer’s car warranty it is usually considered a service contract.

Consumers are often asked if they would like to purchase an extended car warranty. This offer is usually presented towards the end of the manufacturer’s warranty and is actually considered a “service contract. The extended car warranty details what repairs will be covered by the dealer, the manufacturer or an independent company at the expiration point of the manufacturer’s warranty. An extended car warranty does not usually cover everything in the vehicle and can become very complicated. When purchasing an extended warranty, there are five questions you should ask yourself.

How long do you plan to keep the vehicle?
Who stands behind the warranty? The automaker, the dealer or a third party company?
Can you get a better extended warranty from another dealership or negotiate the price with the dealership you are at?
Do you know what is covered?
What is your repair history and the repair history of the model vehicle you are buying?

Many consumers find that they pay more for the extended car warranty than they earned back from it in covered repair costs. A few exceptions include vehicles with higher rates of mechanical problems, vehicles with expensive extra equipment, or if the contract offers free maintenance.

One misconception about extended warranties is that purchasing one will extend the California lemon law coverage. This is absolutely not true. The California lemon law only covers vehicles which started to have problem during the manufacturer’s written original warranty. Consumer advocates warn those considering an extended car warranty to carefully study what a service contract does — and does not – cover. Any verbal promises made to you should be noted and signed by someone of authority on the warranty contract you are purchasing.

We were recently contacted by a consumer from Glendale, California after he saw a video on our website, www.calemonlaw.com, which featured a woman having the same problem as his, pertaining to a 2009 Mercedes-Benz GL550. While driving on the 405 freeway his vehicle shut off and lose all power. He also had repeated problems with coolant leaks which resulted in the coolant warning light coming on every 3-4 weeks. This problem began just 3 days after he had leased the car. He had taken the car in for repairs on seven (7) separate occasions, but each time was told by the dealer mechanics that they could not find the problems he complained of.

Within a few weeks after retaining our lemon law firm, Mercedes-Benz agreed to repurchase his vehicle under the California Lemon Law. Mercedes-Benz reimbursed our client for all his lease payments, down payment, and registration, less only the legal use fee deduction, and paid our attorney’s fees.

If your vehicle is 2007 or newer and has been having repeated problems that the dealership is unable to fix, please call the Law Offices of Delsack and Associates at our toll-free number 888-Ex-Lemon (888-395-3666) for a free analysis and to learn whether your vehicle qualifies for repurchase under the California Lemon Law.

Most consumers know that automobile manufacturers are required to issue recalls on vehicles with problems that affect the safety, value and use of the models they manufacture. We have blogged about rental companies and consumers failing to repair recalls, and have encouraged everyone to check our recall list to make sure the problem has been repaired.

Many consumers don’t realize, however, that automobile manufactures also release Technical Service Bulletins (TSB’s). TSB’s are issued after several complaints of unanticipated vehicle problems are received. The manufacturer is not required to issue a recall, do the repairs, or even notify consumers of the problem. It is important for drivers to know if a TSB exists on their vehicle because the information on the reports can save technicians troubleshooting time, provide organized, itemized repair procedures, and standardize the repair process. This can enhance the quality of the maintenance and can save the vehicle owner money by allowing the technician to repair the problem quickly.

If you are experiencing problems with your vehicle and are taking it in to have repairs done, it is in your best interest to research TSB’s related to your problem. If you find one that could be related, let the service manager know that it exists and make sure it is noted on the repair order.

In the last few weeks we have received several phone calls from owners or lessees of Volkswagen (VW) Routans informing us that they are receiving unsolicited letters from law firms alleging to be California lemon law lawyers. At least one of these firms is out-of-state.

We don’t know how these firms obtained VW’s sales list, but if you receive such an unsolicited letter be very careful. A reputable law firm will not represent a client without conducting a detailed interview, reviewing all the documents pertaining to the potential case, and answering your questions. One of these firms only requests that you sign and return their letter and they will represent you – without any further communications – not even a phone call – and without reviewing your case and documents. Another commits you to paying a large contingency fee percentage for lemon law attorney’s fees and costs once you sign their letter.

For your own protection, if you receive, or have received, one of these letters, please read the instructions or video on How to Choose a California Lemon Law Firm.

Please call our offices at 888-395-3666 if you have further questions or simply require more information about the California lemon law.

Just recently we were able to negotiate to have a 2012 Hyundai Sonata repurchased for a client who lived in Orange County. The vehicle only had 6,000 miles on the odometer but had to be repaired several times for a defective suspension and steering system which caused it to sway while driving under normal operating conditions. While the vehicle was almost new and our client had only given the dealer three opportunities to repair the defects, we were able to persuade the manufacturer that this was a safety problem which warranted a full buyback.

The case was concluded within three months, from the time our client first contacted our firm to determine whether he had a viable lemon law case, to the date when it was ultimately repurchased and transferred back to the manufacturer and a client-trust check was rewarded to our client’s for his down payment and monthly payments. This was concurrent with the manufacture’s payoff to our client’s lender of the balance of his loan. Our client was, of course, ecstatic with the results of his lemon law case.

If you own or lease a vehicle which continues to have problems that started during the manufacturer’s original new car warranty, you may be driving a lemon. Please call the Law Offices of Delsack & Assoc., P.C. at 888-EX-LEMON (888-395-3666) for a free consultation with an experienced California lemon law attorney to find out whether we can help you get rid of your lemon.

Volvo will be asking drivers of certain 2013 Volvo S80 sedans and 2013 Volvo XC70 station wagons to bring in their vehicles for a problem that could lead to premature wear of the tires. A software error within the Central Electronic Module (CEM) may cause the system to fail to warn the driver that the air in their tires is low. Driving on low tires can result in overloading and overheating and could lead to a blowout. Owners receiving a notification will be asked to bring in their vehicles to have the tire pressure monitoring system (TPMS) reprogrammed, free of charge. For more information about the problem, contact Volvo at 1-800-458-1552.

General Motors (GM) is warning drivers of certain 2012 Chevrolet Sonic vehicles manufactured between May 2011- February 2012, that their vehicles may not conform to Federal Motor Vehicle Safety Standard for the windshield wiping and washing systems. According to GM, the washer hose could separate from the washer fluid reservoir making it impossible for the driver to clean the windshield while driving. A buildup of dirt could eventually obstruct the drivers vision increasing the chance of an accident. GM will be sending out notices to Sonic owners asking them to take their vehicles in to their Chevrolet dealership to have the hose secured to prevent separation. Owners wanting more information about the problem can contact the Chevrolet owner center at 1-866-694-6546.

Our California lemon law attorneys were recently able to obtain a full buyback of a 2011 Dodge Ram 2500 for a client living in the Inland Empire. Although he had only purchased the vehicle in May, 2011 he had 9 repair orders and the vehicle was out of service in the hands of an authorized Dodge dealer for more than 80 days since that time.

The truck was almost brand new with less than 8,000 miles when it was re purchased. Most of the problems pertained to the engine and transmission. The Diagnostic Trouble Codes showed problems with the exhaust pressure sensor, and the transmission fluid sensor, which resulted in transmission hesitation and hard shift, among other problems.

Within just a few weeks we were able to negotiate with Chrysler to repurchase this vehicle under the California lemon law statute which protects California consumers who have purchased or leased vehicles in California which had manufacturing defects. Chrysler paid off the balance of the loan and reimbursed our client for his down payment and all of his monthly payments. Needless to say our client was very pleased with the swift results.

Category Archives: California Lemon Law

Auto Warranties And The California Lemon Law

California Lemon Law Mercedes-Benz GL550 Buyback

Automobile TSBs Can Save You Money

Unsolicited Lemon Law Firm Scam

California Lemon Law Hyundai Sonata Buyback

Volvo Tire Pressure Monitoring Problem

Chevy Sonic Windshield Washer Problem

California Lemon Law Dodge Ram Buyback