Tag Archives: California Lemon Law

Court Decision Reversed In Fuel Economy Case

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A Los Angeles County judge has reversed a court decision to award a former attorney almost $10,000 over fuel economy claims for her 2006 Honda Civic. The case received national attention last year, when Heather Peters opted out of a class action settlement that would have paid Civic hybrid owners up to $200 or $1000 off the purchase of a new car. Honda appealed the court decision, and Los Angeles County Superior Court Judge Dudley W. Gray reversed the small-claims judgment last Thursday.

According to Gray, the automaker was within its rights to advertise the Environmental Protection Agency (EPA) fuel economy ratings for the vehicle and rejects the idea that it was misleading. He added that Federal regulations control the fuel economy ratings posted on vehicles, but they are only there for comparison among vehicles and don’t take into account conditions that could affect fuel economy such as how people drive and the condition of their vehicle.

Peters lawsuit has prompted almost 40 other Civic owners to seek similar recourse. Honda has already won 18 of the suits and has lost one case, in Santa Barbara, involving a 2003 Civic hybrid. Peters said that although she is disappointed with the final ruling, she is glad she raised awareness that Honda is no longer the great brand it used to be.

Protection From Buy Here Pay Here Autos

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“Buy Here Pay Here” (BHPH) automobile sales are under attack by a new bill that hopes to regulate business practices of these car dealerships. A recent article in the Los Angeles Times stated that 20% of all used car purchases in the U.S. are financed with BHPH deals. Many of these dealerships are known for high purchase prices, interest rates nearly triple the national average, and aggressive repossession practices. These unregulated loans are known for taking advantage of people with poor credit histories who need a car but can’t get a loan.

Senate Bill 956 contains several important protections that will prevent these dealerships from taking advantage of California consumers. The bill hopes to:

  • Impose regulations that requires “Buy Here Pay Here” auto dealerships to obtain a California Finance Lender license.
  • Limit loans to a maximum 17 ¼ % interest rate.
  • Give consumers an eleven day “grace period” after due payments before the vehicles can be repossessed.
  • Require BHPH dealers to provide written notices to their customers informing them of their legal rights.

The Bill is expected to be reviewed within the next month.

California Lemon Law Basics

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Common California lemon law misconceptions have prevented thousands of lemon owners from trying to get rid of their vehicle and get their money back. The requirements of the lemon laws are technical, differ from state to state, and different manufacturers may interpret their obligations differently. It is important to get an attorney who is experienced in the lemon law of the state you live in. If you live in California and think you have a lemon, contact the lemon law firm of Delsack & Associates at 1-888-395-3666, for a free consultation or go to LemonLawSpecialitsts.com, and GET RID OF YOUR LEMON TODAY!

California Lemon Law Process

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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

Lemon Law Protection For Small Business

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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.

Aftermarket Modifications Affect The Lemon Law

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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.

California Lemon Law Gross Vs Actual Auto Weight

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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.

Autonomous Automobiles And Legal Liability

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In 2012 when Google first tested their self driving car, they said that “even though the project is still in the experimental stage, it would provide a glimpse into the future of what automobiles will be able to do.” They felt that self driving cars would make it safer for motorist on the roads, improve fuel efficiency of vehicles and increase the number of people being transported.

Now, just a little over a year later, automobile technology has come one step closer to driver-less vehicles. Automobile manufacturers are already using autonomous technology to assist and in some cases correct drivers actions; but technologist, legal scholars and government regulators are debating the legal implications of the technology. They all agree that there is a potential to reduce human error and allow better fuel efficiency, but question of legal liability, privacy and insurance regulations still need to be addressed. According to O. Kevin Vincent, chief counsel of the National Highway Traffic Safety Administration, “the federal government does not have enough information to determine how to regulate driver-less technologies.” The technology relies heavily on global positioning satellite data and other systems, which are vulnerable to jamming by malicious computer hackers.

Google has already been lobbying states to permit autonomous driving, which indicates that the company may hope to introduce such vehicles soon. Nevada became the first state to legalize driver-less vehicles last year, , and similar laws have now been introduced before legislatures in Florida and Hawaii. It is expected that a similar bill will be introduced in California soon.