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.

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