lemon law « California Lemon Law blog

If you live in California, are in the military serving our country and think that you may have a lemon vehicle, there is a California lemon law bill which took effect January 1, 2008 that you should know about. California has been a leader in protecting consumers who bought lemon vehicles, but before 2008 the law stated that if you were to pursue a lemon law case, one of the stipulations was that the vehicle must have been bought in California. The new bill (SB234), sponsored by state Senator Ellen Corbett, extends the protection to all active duty military personnel stationed in California as long as the vehicle was purchased in the United States.

The law was inspired by the lemon problems of Lt. Nathan Kindig, serving in the United States Navy as a physician assistant. He was looking for a safe and reliable vehicle for his family to drive while he was stationed overseas in Iraq. Shortly after buying a 2004 Dodge Dakota, the vehicle started having problems with the engine overheating. After many repair attempts, the dealership labeled the vehicle as unrepairable, clearly making it a lemon. Because the vehicle was not purchased in California, Kindig could not pursue a buyback under the California lemon law. After hiring a lawyer and continuing to pay for a vehicle that could not be driven, the dealership agreed to repurchase the lemon on terms that would cost Kindig thousands of dollars, as Chrysler refused to use the traditional lemon law offset formula and demanded a specific offset amount.

California was the first state in the nation to specifically protect active duty military troops whose vehicles are “lemons”, regardless where their vehicles are purchased or registered. The bill attracted widespread bi-partisan support, and was passed unanimously in both houses of the California Assembly before the Governor signed it into law. Today, many states have adapted their lemon law statutes to include protection to help military members who have purchased defective vehicles which turn out to be lemons.

A former client from Chino Hills, CA contacted us recently about his 2010 Jaguar XF. He was very pleased with the outcome of a previous case we had handled for him with a different manufacturer.

He had leased this Jaguar in April, 2010, which soon thereafter developed an engine noise and a coolant leak. After a reasonable number of repair attempts the dealer was still unable to fix the vehicle. Our former client then contacted us for help in obtaining a repurchase and reimbursement under the California lemon law.

After filing our demand for repurchase Jaguar agreed to buy the vehicle back under the California lemon law and agreed to pay to our client his down payment, plus all of his monthly payments, minus the mileage deduction allowed under the law. Jaguar also paid off the balance of the lease and our attorney’s fees.

If you think you may be driving a lemon, please contact the Law Offices of Delsack & Associates at 888-395-3666 for a free consultation or visit our website at www.calemonlaw.com.

In the United States all new automobiles come with a manufacturer’s written warranty. This warranty is a detailed document outlining what repairs the manufacturer will cover, for a specified period of time or until a certain mileage is reached on the vehicle. This warranty is usually accompanied by an implied warranty which is an unwritten promise that the vehicle being sold will meet certain standards and is fit to operate for the purpose in which it is intended to be used. Because this warranty is not written down, it is up to the buyer to prove that the seller withheld information about problems with the vehicle at the time of sale. If a vehicle is being sold “as is” or “with faults” the implied warranty will be void.

When dealing with used cars, warranties becomes more complicated. Some used cars come with the remaining manufacturer’s warranty if the expiration year or mileage limit has not yet been reached and some require the consumer pay to activate it. If the used car dealer picks up the cost of the remaining manufacturer’s warranty, it is considered a car warranty, but if the consumer is asked to pay an extra cost to activate the remaining manufacturer’s car warranty it is usually considered a service contract.

Consumers are often asked if they would like to purchase an extended car warranty. This offer is usually presented towards the end of the manufacturer’s warranty and is actually considered a “service contract. The extended car warranty details what repairs will be covered by the dealer, the manufacturer or an independent company at the expiration point of the manufacturer’s warranty. An extended car warranty does not usually cover everything in the vehicle and can become very complicated. When purchasing an extended warranty, there are five questions you should ask yourself.

How long do you plan to keep the vehicle?
Who stands behind the warranty? The automaker, the dealer or a third party company?
Can you get a better extended warranty from another dealership or negotiate the price with the dealership you are at?
Do you know what is covered?
What is your repair history and the repair history of the model vehicle you are buying?

Many consumers find that they pay more for the extended car warranty than they earned back from it in covered repair costs. A few exceptions include vehicles with higher rates of mechanical problems, vehicles with expensive extra equipment, or if the contract offers free maintenance.

One misconception about extended warranties is that purchasing one will extend the California lemon law coverage. This is absolutely not true. The California lemon law only covers vehicles which started to have problem during the manufacturer’s written original warranty. Consumer advocates warn those considering an extended car warranty to carefully study what a service contract does — and does not – cover. Any verbal promises made to you should be noted and signed by someone of authority on the warranty contract you are purchasing.

We were recently contacted by a consumer from Glendale, California after he saw a video on our website, www.calemonlaw.com, which featured a woman having the same problem as his, pertaining to a 2009 Mercedes-Benz GL550. While driving on the 405 freeway his vehicle shut off and lose all power. He also had repeated problems with coolant leaks which resulted in the coolant warning light coming on every 3-4 weeks. This problem began just 3 days after he had leased the car. He had taken the car in for repairs on seven (7) separate occasions, but each time was told by the dealer mechanics that they could not find the problems he complained of.

Within a few weeks after retaining our lemon law firm, Mercedes-Benz agreed to repurchase his vehicle under the California Lemon Law. Mercedes-Benz reimbursed our client for all his lease payments, down payment, and registration, less only the legal use fee deduction, and paid our attorney’s fees.

If your vehicle is 2007 or newer and has been having repeated problems that the dealership is unable to fix, please call the Law Offices of Delsack and Associates at our toll-free number 888-Ex-Lemon (888-395-3666) for a free analysis and to learn whether your vehicle qualifies for repurchase under the California Lemon Law.

In the last few weeks we have received several phone calls from owners or lessees of Volkswagen (VW) Routans informing us that they are receiving unsolicited letters from law firms alleging to be California lemon law lawyers. At least one of these firms is out-of-state.

We don’t know how these firms obtained VW’s sales list, but if you receive such an unsolicited letter be very careful. A reputable law firm will not represent a client without conducting a detailed interview, reviewing all the documents pertaining to the potential case, and answering your questions. One of these firms only requests that you sign and return their letter and they will represent you – without any further communications – not even a phone call – and without reviewing your case and documents. Another commits you to paying a large contingency fee percentage for lemon law attorney’s fees and costs once you sign their letter.

For your own protection, if you receive, or have received, one of these letters, please read the instructions or video on How to Choose a California Lemon Law Firm.

Please call our offices at 888-395-3666 if you have further questions or simply require more information about the California lemon law.

Just recently we were able to negotiate to have a 2012 Hyundai Sonata repurchased for a client who lived in Orange County. The vehicle only had 6,000 miles on the odometer but had to be repaired several times for a defective suspension and steering system which caused it to sway while driving under normal operating conditions. While the vehicle was almost new and our client had only given the dealer three opportunities to repair the defects, we were able to persuade the manufacturer that this was a safety problem which warranted a full buyback.

The case was concluded within three months, from the time our client first contacted our firm to determine whether he had a viable lemon law case, to the date when it was ultimately repurchased and transferred back to the manufacturer and a client-trust check was rewarded to our client’s for his down payment and monthly payments. This was concurrent with the manufacture’s payoff to our client’s lender of the balance of his loan. Our client was, of course, ecstatic with the results of his lemon law case.

If you own or lease a vehicle which continues to have problems that started during the manufacturer’s original new car warranty, you may be driving a lemon. Please call the Law Offices of Delsack & Assoc., P.C. at 888-EX-LEMON (888-395-3666) for a free consultation with an experienced California lemon law attorney to find out whether we can help you get rid of your lemon.

Our California lemon law attorneys were recently able to obtain a full buyback of a 2011 Dodge Ram 2500 for a client living in the Inland Empire. Although he had only purchased the vehicle in May, 2011 he had 9 repair orders and the vehicle was out of service in the hands of an authorized Dodge dealer for more than 80 days since that time.

The truck was almost brand new with less than 8,000 miles when it was re purchased. Most of the problems pertained to the engine and transmission. The Diagnostic Trouble Codes showed problems with the exhaust pressure sensor, and the transmission fluid sensor, which resulted in transmission hesitation and hard shift, among other problems.

Within just a few weeks we were able to negotiate with Chrysler to repurchase this vehicle under the California lemon law statute which protects California consumers who have purchased or leased vehicles in California which had manufacturing defects. Chrysler paid off the balance of the loan and reimbursed our client for his down payment and all of his monthly payments. Needless to say our client was very pleased with the swift results.

We recently helped a client in Morro Bay, CA by having the manufacturer repurchase his car. He was driving a 2011 Chevrolet Aveo with about 6,500 miles on it, and was having problems with the air bag light going on. Air bags not working properly are, of course, a safety concern. By the time our client had called us he already had taken the vehicle in three times for repairs. Someone suggested he look into the California lemon law and he then contacted our offices.

Within a few weeks we successfully negotiated with General Motors to have them repurchase his vehicle under the California lemon law statute. The California lemon law protects consumers who have purchased or leased vehicles in California and which show manufacturing defects.

If the vehicle you are driving continues to have problems that started during the manufacturer’s new car warranty, you may be driving a lemon. Please contact the Law Offices of Delsack and Assoc. at 888-Ex-Lemon (888-395-3666) for a free consultation and find out if your vehicle qualifies as a lemon.

Free Lemon Law Case Review

Tag Archives: lemon law

California Lemon Law For The Military

California Lemon Law Jaguar XF Buyback

Auto Warranties And The California Lemon Law

California Lemon Law Mercedes-Benz GL550 Buyback

Unsolicited Lemon Law Firm Scam

California Lemon Law Hyundai Sonata Buyback

California Lemon Law Dodge Ram Buyback

California Lemon Law Chevy Aveo Buyback

Contact

Privacy