Category Archives: California Lemon Law

California Lemon Law Hyundai Sonata Buyback

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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.

Volvo Tire Pressure Monitoring Problem

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Volvo will be asking drivers of certain 2013 Volvo S80 sedans and 2013 Volvo XC70 station wagons to bring in their vehicles for a problem that could lead to premature wear of the tires. A software error within the Central Electronic Module (CEM) may cause the system to fail to warn the driver that the air in their tires is low. Driving on low tires can result in overloading and overheating and could lead to a blowout. Owners receiving a notification will be asked to bring in their vehicles to have the tire pressure monitoring system (TPMS) reprogrammed, free of charge. For more information about the problem, contact Volvo at 1-800-458-1552.

Chevy Sonic Windshield Washer Problem

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General Motors (GM) is warning drivers of certain 2012 Chevrolet Sonic vehicles manufactured between May 2011- February 2012, that their vehicles may not conform to Federal Motor Vehicle Safety Standard for the windshield wiping and washing systems. According to GM, the washer hose could separate from the washer fluid reservoir making it impossible for the driver to clean the windshield while driving. A buildup of dirt could eventually obstruct the drivers vision increasing the chance of an accident. GM will be sending out notices to Sonic owners asking them to take their vehicles in to their Chevrolet dealership to have the hose secured to prevent separation. Owners wanting more information about the problem can contact the Chevrolet owner center at 1-866-694-6546.

California Lemon Law Dodge Ram Buyback

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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.

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.

California Lemon Law Chevy Traverse Buyback

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One of our clients had recently purchased a 2010 Chevrolet Traverse which developed several issues related to the rack and pinion steering, headlamps, and climate control system. The vehicle also started leaking oil. The dealer tried unsuccessfully to repair these concerns on at least nine (9) separate occasions totaling 56 days out of service. After many weeks of frustration and inconvenience, paying for insurance, and being without his car the client researched the California lemon law on the internet, and contacted us to ask us to help him get rid of the vehicle and have it repurchased by the manufacturer.

We sent a demand to the manufacturer based on the vehicle qualifying as a lemon under the California lemon law statute and within several weeks were able to negotiate a full repurchase of the vehicle. Our client was able to recover his down payment and almost two years of monthly payments, plus get the manufacturer to pay off the balance of his loan.

If you think you’re driving a new or used car which started having substantial problems while still under the manufacturer’s new car warranty, you should contact the Law Offices of Delsack & Assoc., P.C. at 888-395-3666 or go to calemonlaw.com to determine whether we can help you get rid of your car and get your money back.

California Lemon Law Chevy Aveo Buyback

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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.

California Lemon Law Forced Arbitration Clauses

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A recent survey done by the National Association of Consumer Advocates (NACA) shows that consumer lemon law rights are being stifled as companies try to increase the use of arbitration clauses. Out of 350 consumer attorneys surveyed, 84% said that there is an increase in instances where consumer claims could not be settled or a class action law suits could not be pursued due to an arbitration clause. Approximately 90% of the attorneys surveyed said that they have turned away cases because the underlying contract had an arbitration clause included in it.

Forced arbitration clauses are fast becoming a favorite weapon for businesses as a way of distancing themselves from liability. Clauses are often mislabeled and buried in mountains of paper work, making it easy for the unsuspecting consumer to miss it. Individuals almost always lose to businesses in arbitration. Arbitration is seen as a disadvantage to consumers because:

  1. It creates an uneven playing field in the favor of the automobile manufacturer. A consumer without legal representation will find it difficult to battle an automobile manufacturer that has experience in dealing with lemon law claims.
  2. There is limited recourse for the consumer once a decision is made. The outcome of an arbitration claim can often affect decisions made in future lawsuits.
  3. Businesses are repeated users of an arbitrator, so there is an incentive for an arbitrator to rule in favor of the business if he expects future retentions.
  4. There is a lack of transparency in the proceedings of the arbitration claim.

Consumer Groups Are Fighting Back

  • The Consumer Financial Protection Bureau, created by Congress in the wake of the Wall Street meltdown, recently announced a public inquiry on forced arbitration.
  • The National Association of Consumer Advocates (NACA) has launched a 50-state public education campaign aimed at teaching consumers about the dangers of forced arbitration.
  • A Public Citizen coalition called Fair Arbitration NOW are petitioning lawmakers to pass an Arbitration Fairness Act.

In the meantime, it is important to recognize that automobile manufacturers will try to force arbitration. You should carefully read any contracts before signing and try to negotiate arbitration clauses out of the contract. If a company tries to force an arbitration clause on you, you may want to take your business elsewhere.

Chevrolet Problems

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Every automobile manufacturer is subject to repeated problems related to the safety, value, or use of their vehicles, and Chevrolet is no exception. There have been over 16,000 complaints on file for Chevy vehicles, with the Impala, Malibu, Silverado, Trailblazer, Cavalier, Equinox and Cobalt topping the list. Some of these problem are as simple as updates to the owners manual, but many of them can seriously affect the safety of the vehicle, putting the vehicle occupants and others on the road in danger.

In order to protect consumers against defective vehicles, the federal government enacted the Magnusson Moss Act. Every state has their own version of the lemon laws, and California is no exception. California’s Lemon Laws were enacted in 1970 and were founded in the Song Beverly Consumer Warranty Act. The law states that if a manufacturer cannot fix a defective car, truck, boat, RV, motor home, or motorcycle after a reasonable number of repair attempts, the vehicle must be replaced or refunded. Generally, the manufacturer is responsible to re-purchase or replace the defective vehicle.

If you live in California and think that your vehicle could be a lemon, contact the Law Offices of Delsack & Associates at 1.888.395.3666 or go to LemonLawSpecialists.com for a free consultation. You have nothing to loose but your lemon.