Two disgruntled Honda drivers have filed a class action lawsuit against Honda for defective window mechanisms that allowed the vehicles window to fall inside the door. According to the suit, a defective piece of plastic used to keep the windows in place while it is being operated, wears and breaks under normal operating conditions. The defect not only poses a hazard to drivers and passengers, but the $400 bill and loss of the use of the vehicle while repairs are being made are unacceptable. The suit also alleges that Honda knew that the fix made available to consumers resulted in repeated window regulator failures on the same vehicle. The vehicles involved in the law suit include the Honda Odyssey, Honda Pilot, Honda Element, Honda Accord, Honda CR-V, Honda Civic, and Acura MDX from model years 1994 to 2007.
Aftermarket Modifications Affect The Lemon Law
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
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.
Weak Head Restraints In Ford Trucks
Ford is recalling some 2012 Ford Expedition and 2012 Lincoln Navigator SUVs because some vehicles fail to comply with the Federal Motor Vehicle Safety Standards for head restraints. According to the recall report filed with the National Highway Traffic Safety Administration (NHTSA), some vehicles may have inadequate welds on the head restraint support brackets for the second row, right hand seat. In the event of an accident, the passenger may not receive the proper head restraint protection increasing their chance of injury. Owners wanting more information on the recall can contact the Ford Motor Company customer relationship center at 1-866-436-7332.
Nissan Versa Automatic Transmission Problem
Nissan is recalling certain 2012 Versa vehicles equipped with automatic transmissions. According to the recall report filed by Nissan, because of interference between the shifter rod and the shift knob, the vehicles may be shifted out of “park” without depressing the brake pedal. If the driver should inadvertently shift the vehicle into gear without the brake pedal depressed, the vehicle could unexpectedly lurch forward increasing the risk of a crash. Dealers will inspect and replace the shifter knob and/or the shifter assembly as needed. Owners wanting more information on the recall can contact Nissan at 1-800-647-7261.
Maserati Granturismo Tail Light Failure
Maserati is recalling certain Granturismo and Granturismo convertible sports cars manufactured between June 2008 to March 2010. According to the recall report filed with the National Highway Traffic Safety Administration (NHTSA), faulty lap assemblies could lead to the rear tail and brake lights failing. The visibility of the vehicle will be reduced increasing the chance of an accident. Owners wanting more information about the recall can contact Maserati at 1-201-816-2600.
NHTSA Investigates Toyota Fires
The National Highway Traffic Safety Administration (NHTSA) has opened an investigation into possible fire hazards in some 2007 Camry, Camry Solara and Rav4 vehicles. According to reports filed with the NHTSA, owners experienced a burning odor, and eventually flames coming from inside the doors. The problem is suspected to be caused by a malfunctioning power window master switch control. If the investigation leads to a recall, almost 830,000 vehicles could be affected.
Getting The Best Deal On Your New Car
For many buying a new vehicle can be a daunting task, and with dealers selling vehicles at record high prices, the average consumer needs to do their research in order to get the best price. With the internet, a little research, and some luck, you should be able to find the vehicle that suits your needs at a price you can afford. Edmunds.com, for example, offers services that give true market values, predicts pricing trends, and offers calculators that let consumers do their research before setting foot on a car lot. Below are some factors that can affect the price of a new vehicle.
- When Sales Are Slow: Car salesmen are more likely to give deeper discounts to get your business. Rainy days, holiday periods and shopping during the week, are times when a car sales person may be willing to give you an extra discount just to close the deal.
- End Of The Month: If a sales person is short of their monthly quota to receive their sales bonuses, they may be willing to give customers discounts in order to meet the quota.
- End Of The Year: As year end quotas approach, and new models start rolling in, dealers and manufacturers may offer discounts, cash rebates, and lower interest incentives just to get the cars off the lot.
- Redesigned And Discontinued Models: If the manufacturer has completely redesigned one of their models, they are usually willing to offer bigger discounts and incentives to get rid of the outdated models. If the vehicles has been discontinued completely, the savings are usually even better.
