According to a consumer complaint survey report, the category most complained about by consumers in 2010 was the auto industry. The survey, carried out collectively by the Consumer Federation of America, the National Association of Consumer Agency Administrators, and the North American Consumer Protection Investigators, looked at over half a million complaints in different states around the country. For a second year in a row, they found that automobile related problems topped the list. Some of the most complained about categories included misrepresentations in advertising or sales of new and used cars, lemon vehicles, faulty repairs, leasing and towing disputes.
Tag Archives: California Lemon Law
Seven Steps To A Good Lemon Law Defense
If you think you own a lemon these are the 7 most important defenses to create a good lemon law case to help to get your car repurchased.
- Bring your car in early. At the first sign of a manufacturing problem get a repair order from an authorized dealer. If the manufacturer buys your car back, the lower the mileage of the first repair, the lower will be the use fee deduction, and the greater the amount you may get back.
- Always get a copy of the work order when you leave the vehicle; and always get a copy of the actual completed repair order when picking up the vehicle. Be sure the work order accurately shows your complaints. If the problem recurs, even if only 5 minutes later, get a new and separate repair order. Do not let the dealer add on to the earlier one. If possible, have the technician write on the repair order that they verified your complaint.
- Be consistent in your complaints. The California lemon law states that the manufacturer must be allowed a reasonable number of repair attempts to fix the same problem. So be sure that the way your complaint is written on the repair order shows that you are describing the same problem.
- Check the technical service bulletins or TSBs. These are issued by manufacturers for common defects for your specific year and model. Usually the dealer will not tell you about TSBs, unless you ask. Even if they tell you none exist, make sure that your request is written on the repair order. Check our website at calemonlaw.com to see the current technical service bulletins for your car.
- Watch out for bad advice. Dealer service personnel are not lawyers. They may give you bad advice about the California lemon law which may affect your decision about how to handle your problem. If you have a question call us. Don’t be swayed by remarks that you are the cause of your car’s problems, like you don’t know how to use the brakes, or the NAV system, or it’s because you live on a hill, or you are using bad gas. These are just excuses for a problem the dealer doesn’t know how to fix.
- Watch out for arbitration. Some manufacturers suggest that you have to go through arbitration before you can use the California lemon law. That is not true! In fact, it can be very dangerous because the ruling of an arbitrator has the same effect as if it were a decision made in a court of law. And if the ruling is against you, it could then become considerably more difficult to later win your case.
- The final step is to call our offices for a free consultation as soon as you think you have a lemon. And in most cases we will not charge you any fees for handling your lemon law case. So call us today at 888 ex lemon or 888-395-3666 or complete the short submittal form on our website calemonlaw.com.
Life is too short to live with a lemon, especially if we may get rid of it for you and get you your money back. We look forward to hearing from you.
- California Lemon Law in Los Angeles: 310-475-1700
- California Lemon Law in San Francisco: 415-285-5366
- California Lemon Law in Fresno: 559-382-0359
- California Lemon Law in Long Beach: 562-282-9909
- California Lemon Law in Oakland: 510-545-9083
- California Lemon Law in Orange County: 949-856-4333
- California Lemon Law in Palm Springs: 760-395-1000
- California Lemon Law in San Diego: 619-229-6900
- California Lemon Law in San Fernando Valley: 818-837-0500
- California Lemon Law in San Jose: 408-681-8033
Do You Qualify Under The California Lemon Law?
California Lemon Law Specialist Kurt Delsack has been protecting California lemon law clients since 1987 and has recovered millions of dollars for thousands of clients. Representing clients to the highest legal standards under the California lemon law, we pride ourselves in obtaining the most favorable results without going through the arbitration process, which could have a significant negative impact on any future legal action you may bring against the manufacturer. The first step in getting rid of a lemon vehicle is to know if your vehicle qualifies under the California lemon law. The above video offers easy steps that will help you see if your vehicle qualifies as a lemon. Your vehicle could qualify if:
1. You have repeated problems related to the safety, value, or use of your vehicle.
2. The vehicle was purchased or leased as new for personal and most small business use.
3. Or, if the vehicle is used, it was purchased while the manufacturer’s original, new car warranty was still in effect.
4. Finally, the manufacturer has had a reasonable number of repair attempts. A reasonable number is four repair attempts for the same or similar problem; or only two times if it is likely to cause serious bodily injury; or if the vehicle has been out of service, in the hands of an authorized dealer, for more than 30 days during the first 18 months or 18,000 miles; AND is still not repaired.
These are not absolute requirements to demand a repurchase on your vehicle. There are many situations which do not meet these guidelines but which may still entitle you to the lemon law protections.
If you think you have a lemon, call us today at 888-EX-LEMON or 888-395-3666 for a free consultation, or complete and submit the short form on our website at www.calemonlaw.com.
Life is too short to live with a lemon, contact our offices and “Get Rid Of Your Lemon Today! CALL:
California Lemon Law in Los Angeles: 310-475-1700
California Lemon Law in San Francisco: 415-285-5366
California Lemon Law in Fresno: 559-382-0359
California Lemon Law in Long Beach: 562-282-9909
California Lemon Law in Oakland: 510-545-9083
California Lemon Law in Orange County: 949-856-4333
California Lemon Law in Palm Springs: 760-395-1000
California Lemon Law in San Diego: 619-229-6900
California Lemon Law in San Fernando Valley: 818-837-0500
California Lemon Law in San Jose: 408-681-8033
BMW Mini Cooper Investigated For Steering
Difficult steering in BMW’s 2004-2005 Mini Cooper has lead the National Highway Traffic Safety Administration (NHTSA) to upgrade its investigation to include almost 60,000 vehicles. The investigation began last fall with over 500 complaints filed with the NHTSA, and 4,500 warranty claims with BMW. Among the complaints were allegations of five minor crashes, three of which resulted in a fire. The suspect part is a malfunctioning cooling fan which causes an under voltage condition in the power steering electrical system. Drivers have complained about loss of power assist making it difficult to maneuver the vehicle, and the inability to restart the vehicle because of a drained battery. If the investigation leads to a recall, over 200,000 Minis built between 2001-2007 could be involved.
Unfixed Recalls Could Be Dangerous
With millions of recalls issued every year, it is not surprising that an estimated 25% are never fixed. Even though new car dealerships are forbidden from selling vehicles with open recalls, there’s no similar requirements for used car dealerships. According to Clarence Dithlow, the executive director for the Center for Auto Safety in Washington, “Every safety defect is serious and should be fixed, and better regulation is needed to ensure that they are.”
National Automobile Dealers Association (NADE) opposes any legal mandate that would prohibit a dealer from selling a vehicle with open recalls, because forcing used car dealerships will impose major costs and burdens on used car commerce. They say that it is the responsibilities of owners of pre-owned vehicles to investigate if a recall has been issued for their vehicle.
California Lemon Law Buybacks
Here at the Law Offices of Delsack & Associates, we represent our clients to the highest legal standards. In over 23 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. 2007 GMC Yukon: Full buyback – Garden Grove, CA – 18,166 miles
- 2. 2007 BMW X5: Full buyback – Sylmar, CA – 59,952 miles
- 3. 2008 Dodge Ram: Full buy back – Bakersfield, CA – 31,192 miles
- 4. 2009 Honda CR-V: Full buyback – Alameda, CA – 14,242 miles
- 5. 2009 Nissan 370Z: Full buyback – Carson, CA – 22,858 miles
- 6. 2007 Jeep Wrangler: Full buyback – Durham, CA – 37,032 miles
- 7. 2007 Cadillac Escalade: Cash and Keep – El Dorado Hills, CA – 42,329 miles
- 8. 2009 BMW 335i: Full buyback – Huntington Beach, CA – 22,084 miles
- 9. 2010 Audi Q7: Full buyback – Yorba Linda, CA – 7,357 miles
- 10. 2010 Mini Cooper: Full buyback – San Jose, CA – 1,831 miles
- 11. 2006 Jaguar S-type: Cash and Keep – Duarte, CA – 66,195 miles
- 12. 2010 BMW 535i: Full buyback – Long Beach, CA – 17,577 miles
- 13. 2010 Chevrolet Malibu: Cash and Keep – Riverside, CA – 11,462 miles
- 14. 2007 Saab 9-3: Full buyback – Tarzana, CA – 25,269 miles
- 15. 2008 BMW 550i: Full buyback – Orange, CA – 19,919 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
DIY California Lemon Law
We live in a “Do It Yourself” society. With the internet at our finger tips, we can find information that instructs us on how to get rid of a stain from a favorite shirt all the way up to doing major renovations on a home. But, just because the information is out there doesn’t mean that the outcome of your DIY project is going to have the success you intended. When it comes to the Lemon Law, it is best to leave it to the professionals.
Lemon Laws differ from state to state, and while the information is out there, the legal “jargon” can be misleading and confusing if you do not have legal experience. Most automobile manufacturers have a team of attorneys who fight lemon law claims every day. They will use all the loop holes and strategies they know to ensure that the consumer claims are dismissed. The fact that a consumer has gone out and hired a lawyer for their claim, shows the car companies they mean business. Even if the automobile turns out to not qualify as a lemon, an attorney can work with the manufacturer to offer compensation and get the vehicle repaired.
The main reason a consumer may not use an attorney for a lemon law claim is to prevent paying legal fees. Most state lemon laws say that in a successful l lemon law claim, the vehicle manufacturer pays all attorney fees. An experienced lemon law lawyer will be able let you know if the claim is worth pursuing and can offer a no cost, no obligation case evaluation. If the case has merit, they will represent you knowing that the chances of a buyback or settlement are good and that their fees will be paid by the car manufacturer.
Based on our experience, attorney negotiated settlements have a higher success rate than one’s negotiated by consumer’s alone, and many times cases are resolved without going to court. The time and frustration of fighting a lemon law case on your own is not guaranteed and not worth it. You have nothing to lose by consulting a Lemon Law attorney before you try to “do it yourself.”
Automobiles More Reliable According To J.D. Power
You wouldn’t know it from all the recalls making the headlines lately, but according to J.D. Power and Associates, vehicle dependability has improved since last year. According to the report, automakers have been successful in reducing problems in traditional areas but have had a rise in issues with newer technologies and features. Today’s automobiles have less engine, transmission, steering and braking problems, but new features like entertainment, navigation and tire pressure monitoring systems still have many bugs that need to be worked out. Between 2009 and 2011, annual improvement for the industry has averaged 6 percent, which is slightly lower than historical rates of 8 percent each year.
The Vehicle Dependability Study is used by vehicle manufacturers to help design and build better vehicles. It also helps consumers make informed choices when purchasing a new or used vehicle. Click on the graph below to see the automakers ranking of problems per 100 vehicles.
