Tag Archives: California Lemon Law Specialists

California Lemon Law Process

Posted on by

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

California Lemon Law Gross Vs Actual Auto Weight

Posted on by

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 Lemon Law Buybacks

Posted on by

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

Get The California Lemon Law Working For You

Posted on by

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!

Lemon Law Attorney Exposes Cramming Scam

Posted on by

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.

California Lemon Laws And Small Business Vehicles

Posted on by

A recently settled lemon law case in California is making it easier for small business owners to exercise their lemon law rights when it comes to vehicles used primarily for the business. Currently the law states that cars and small trucks purchased for personal use are covered under the law, but vehicles used primarily for business, weighing 10,000 pounds or more are not included. In the aforementioned case, the business owners trucks weight was under 7,000 pounds, but because the fully loaded weight was 10,000 pounds it did not qualify under the California lemon law. After a four year battle, courts finally sided with the business owner, saying that the vehicles actual weight and not the fully loaded weight, is what counts. This case will set the precedent for auto makers and future lemon law cases in California involving small business owners and their trucks used primarily for their business.

Seven Steps To A Good Lemon Law Defense

Posted on by

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

DIY California Lemon Law

Posted on by

do it yourself california lemon law attorneyWe 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.”