The California Lemon Law is complicated, and if you are not experienced in the process, you could be missing out on reimbursements you are entitled to receive. It should also be noted that going through the lemon law process does not damage or harm your credit. The California Lemon Law was brought in to help consumers get out of a difficult situation, and simply returns them to the same financial position they were in before purchasing or leasing their lemon vehicle. The above video is a brief description of the Lemon Law Process.

If you are in California call our Lemon Law Offices:

Anywhere in California (free call): 1.888.ExLemon (395.3666)

California Lemon Law in Los Angeles: 310-475-1700
California Lemon Law in San Francisco: 415-285-5366
California Lemon Law in San Diego: 619-229-6900
California Lemon Law in Orange County: 949-856-4333
California Lemon Law in Palm Springs: 760-395-1000
California Lemon Law in San Fernando Valley: 818-837-0500

A California Court of Appeal ruling last September may seem like a small victory for one business owner, but the courts decision is setting a precedence that will affect future decisions across the country when it comes to small business automobiles with a gross vehicle weight (GVWR) of 10,000 pounds.

Daniel Joyce, a licensed contractor from Petaluma first started having problems with his Ford F-250 shortly after purchasing it brand-new in 2006. Joyce decided to sue Ford, but the case was overturned saying that the truck was not covered by the lemon law because the GVWR was 10,000 pounds. After a four year battle, court finally issued a ruling siding with Joyce saying that it is the actual weight of the vehicle that counts. This decision is a victory for the consumer and could help other business owners who may be in a similar situation.

The California lemon law was put in place to protect consumers who purchase defective vehicles, but a perfectly good lemon law case can go bad when a customer decides to install aftermarket products to their vehicle. In many cases, you could be violating your vehicle warranty, even if it was the dealer who installed it. It should be noted that even if the aftermarket product was not a cause of the problem, manufacturers will often “not” reimburse the customer for these items when buying the vehicle back. The attorneys at Delsack & Associates feel that the consumer should be returned to approximately the same financial position they were in before purchasing or leasing their lemon, and will fight to get reimbursement for these items. Below is a list of aftermarket products that could affect the outcome of your California lemon law case.

Replacing Tires or Rims: Changing the tires or rims on a vehicle could affect the suspension of a vehicle leading to uneven wear of tires, brakes, and suspension components.
Changing Electrical Components: The installation of sound, entertainment, and communication systems could adversely affect existing power and computer systems. Electronics in today’s vehicles are complicated, and even most dealerships turn to third party installers to make the installation.
Lift Kits: Adding a lift kit affects so many different parts of a vehicles suspension system. Most automobile manufacturers will void the warranty.

Manufacturers’ new car warranties usually say that alterations and modifications to original equipment will prevent you from making a claim under the California lemon law and in most cases no one will inform you of this warranty exclusion. The manufacturer is only responsible for those items which were installed at the factory. It is unlikely they will reimburse you for these items or replace parts affected by the installation or modification of these items.

The result of a four year California lemon law battle has California courts siding with consumer when it comes to vehicles weighing 10,000 pounds. The confusion is the result of automobile manufacturers refusing lemon law buybacks because the gross vehicle weight rating (GVWR) of the vehicle is over the 10,000 pound limit. The GVWR is the maximum allowable total weight of a vehicle including passengers and cargo, but does not mean the vehicle is being driven at this weight.

In the aforementioned case, the business owners truck weight was under 7,000 pounds, but because the GVWR was 10,000 pounds, it did not qualify under the California lemon law. Courts eventually sided with the business owner, saying that the gross vehicle weight (GVW) and not the fully loaded weight, is what counts. This case has set the precedent for auto makers and future lemon law cases in California involving small business owners and trucks used primarily for small businesses.

The California lemon law considers the importance of vehicle warranties to small business owners, and has included an exception in the California lemon law to offer consumers more protection. California’s lemon law covers business vehicles as long as: (1) the business that owns the lemon car or truck has no more than five vehicles registered in its name; and (2) the vehicle’s “gross vehicle weight” is less than 10,000 pounds.

If you have been denied repurchase of you vehicle because it exceeded the weight limit of the lemon law but the gross vehicle weight is under 10,000 pounds, contact the offices of Delsack & Associates for a free consultation with an attorney. Your vehicle may qualify for repurchase under the California lemon law.

California is working to keep potentially hazardous salvaged vehicles off the road with the implementation of the states first salvage title law. The new law, scheduled to go into effect starting July 1, 2012, requires all new and used car dealers to report and check vehicle titles through the National Motor Vehicle Title Information System (NMVTIS). The data base will be be maintained by the U.S. Department of Justice, and all insurance agencies, salvage yards, car dealerships, tow companies, body shops, and state motor vehicle departments will be required to report any salvage, junk, or flood title vehicles. Automobile dealerships, or anyone selling more than five used cars a year, must acquire the vehicle history report through the NMVTIS, and any salvaged or repaired salvaged vehicles will be branded. Private sales are not required to have the NMVTIS report, so buyers should be extra cautious when buying privately. Information on vehicles can be obtained through the NMVTIS, AutoCheck®, or CarFax. Currently, almost 90% of the U.S. DMV data is represented in the NMVTIS system.

Here at the Law Offices of Delsack & Associates, we represent our clients to the highest legal standards. With over 24 years of helping California consumers, we have successfully represented thousands of clients throughout the state in all types of lemon law cases, with all vehicle manufacturers. We are especially proud of the fact that in more than 9 out of 10 of these cases we are able to reach satisfactory settlements without litigation, making the settlements fast and stress free for our clients. The high standards we have set to represent only those clients with legitimate lemon law claims means that we do not compromise our integrity or reputation. Our goal is not to be the “largest” lemon law firm in California, but to continue to be the best. Below is a list of some of our most recent success stories where we helped consumers get settlements for their lemons:

1. 2005 Ford F250: Full buyback – Antioch, CA – 82,988 miles
2. 2008 Nissan Altima Hybrid: Full buyback – Modesto, CA – 44,462 miles
3. 2007 GTI VW: Cash & Keep – San Jose, CA – 38,148 miles
4. 2006 Ford F250: Full buyback – Simi Valley, CA – 80,375 miles
5. 2011 Jaguar XK: Full buyback – Tarzana, CA – 6,472 miles
6. 2010 Chevrolet Equinox: Cash & Keep – Wilcox, CA – 26,855 miles
7. 2008 Jaguar XFS: Cash and Keep – El Dorado Hills, CA – 36,662 miles
8. 2010 Nissan Altima: Full buyback – San Bernardino, CA – 17,591 miles
9. 2008 Chevrolet Silverado: Cash and Keep – San Jacinto, CA – 91,280 miles
10. 2007 Chevrolet Aveo: Full buyback – North Hollywood, CA – 40,391 miles
11. 2008 BMW 535i: Full buyback – Los Angeles, CA – 28,407 miles
12. 2011 Ford Mustang: Full buyback – Pearblossom, CA – 9,870 miles
13. Kia Spectra: Full buyback – San Jose, CA – 57,504 miles

If you are in California and feel that you may have a lemon, contact our lemon law offices, or fill out our Lemon Law Case Review, for a FREE consultation.

Anywhere in California (free call): 1.888.ExLemon (395.3666)

California Lemon Law in Los Angeles: 310-475-1700
California Lemon Law in San Francisco: 415-285-5366
California Lemon Law in San Diego: 619-229-6900
California Lemon Law in Orange County: 949-856-4333
California Lemon Law in Palm Springs: 760-395-1000
California Lemon Law in San Fernando Valley: 818-837-0500

Shortly after purchasing a new Hyundai Entourage in 2009, a Tulsa family started to have problems with the mini vans side door opening while they were parked or backing down the driveway. After two years, 12 repair attempts, and over 65 days in the shop, the problem still wasn’t fixed. When the company finally offered to replace the vehicle, the manufacturer no longer carried a vehicle that would work for the family. The company agreed to buy back the van under the state’s lemon laws, but the offer did not include paying off a $22,000 loan on the vehicle. The family went to 2News Problem Solvers, who contacted the manufacturer and eventually got the families money to go buy a vehicle that suited them.

The story eventually had a happy ending, and the TV station got a good story, but under the California lemon law, the problem should have been solved much sooner. Because the requirements of the lemon laws are technical, and different manufacturers may interpret their obligations differently, it is important that you contact a qualified California lemon law firm to protect your rights.

The law offices of Delsack & Associates have over 23 years of California law experience. The legal services provided by the Law Offices of Delsack & Associates are FREE in most lemon law cases. You have nothing to lose and everything to gain by making only one toll free call to our offices at 888-395-3666 or completing and submitting our Lemon Law questionnaires. Find out if you qualify under California’s lemon law and Get Rid Of Your Lemon Vehicle Today!

Like any other small business owner, California lemon law attorney Kurt Delsack is trying to keep his expenses down, so when he noticed and unauthorized charge on his phone bill, he decided to investigate. The charges came from a third-party billing company called Operated Assistant Network (OAN), and according to Kurt’s investigation, he wasn’t the only person being scammed.

The Federal Communications Commission says about 15 to 20 million households are overcharged on their telephone landlines, costing consumers almost $2 billion a year. Also known as, “cramming”, the overcharges come from third party billing companies for features like voice mail and call waiting. Because these charges are buried within the phone bill only about 5% of households even realize that they are victims.

Don’t become a victim. There is something you can do:

Know your phone bill, so you can recognize unusual charges. Most local phone companies require you to opt out or shut off any third party billing, so make sure you contact your phone company to do so.
Don’t provide your name, address and phone number for promotions, coupons and sweepstakes without knowing exactly where it’s going. That’s how scammers get your OK to charge you.
Contact your phone company right away to dispute any charges you didn’t authorize. You should also contact the third party provider and make sure they are permanently removed from your bill.

After Kurt talked to Verizon, they reimbursed him for one year of the charges. But now he checks his bill more carefully.

Category Archives: California Lemon Law

California Lemon Law Process

If you are in California call our Lemon Law Offices:

Lemon Law Protection For Small Business

Aftermarket Modifications Affect The Lemon Law

California Lemon Law Gross Vs Actual Auto Weight

New Salvage Title Law Protects The Auto Consumer

California Lemon Law Buybacks

Get The California Lemon Law Working For You

Lemon Law Attorney Exposes Cramming Scam