Category Archives: California Lemon Law

California Lemon Law Gross Vs Actual Auto Weight

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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.

New Salvage Title Law Protects The Auto Consumer

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California is working to keep potentially hazardous salvaged vehicles off the road with the implementation of the states first salvage title law. The new law, scheduled to go into effect starting July 1, 2012, requires all new and used car dealers to report and check vehicle titles through the National Motor Vehicle Title Information System (NMVTIS). The data base will be be maintained by the U.S. Department of Justice, and all insurance agencies, salvage yards, car dealerships, tow companies, body shops, and state motor vehicle departments will be required to report any salvage, junk, or flood title vehicles. Automobile dealerships, or anyone selling more than five used cars a year, must acquire the vehicle history report through the NMVTIS, and any salvaged or repaired salvaged vehicles will be branded. Private sales are not required to have the NMVTIS report, so buyers should be extra cautious when buying privately. Information on vehicles can be obtained through the NMVTIS, AutoCheck®, or CarFax. Currently, almost 90% of the U.S. DMV data is represented in the NMVTIS system.

California Lemon Law Buybacks

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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

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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

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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.

New California Lemon Law For Used Car Buyers

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A new California lemon law bill, signed into law September 28, will give used car buyers more protection than ever before. The law, effective starting July 2012, will require all used and new car dealers to check the vehicle identification number (VIM) against a federal database. This database will have a more comprehensive list than existing commercial services because than law will require all states, insurance companies, salvage yards and junkyards to provide information on vehicles written off in a flood, fire or accident. The system is used by state motor vehicle departments and police, and is open to the public for a small fee.

California Lemon Laws And Small Business Vehicles

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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.

Flooded Vehicles Complicate The Lemon Law

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Any time there is major flooding in an area, the increase of flood damaged vehicles on the market also increases. Many of these these vehicles have been picked up by “middle men”, who take them to states unaffected by flooding, and unload them. Consumers looking to buy a vehicle may not suspect a vehicle as being flood damaged, and because they have been quickly “unloaded”, obvious sings may not be noticed right away. But, “Water Leaves Lasting Damage!” When problems start to arise, there is no protection for a flooded lemon. As soon as an auto manufacturer knows the vehicle has been flood damaged, it is difficult to get it bought back under the lemon law.

Your best bet is to avoid buying these vehicles all together. Here are a few tips to help you avoid buying a flood damaged vehicle.

  • Moisture and Dirt: Moisture and gritty dirt in lights, the glove compartment, console, under seats and under the hood are a good sign the vehicle has been flooded. Many of these vehicles have been cleaned up and dried out, but missed areas is a good give away.
  • Moldy Smell: Carpets and seats take a long time to dry out and it doesn’t take long for odors to appear. You may also notice fuel and oily smells that may have gotten into flood waters.
  • Mismatched Interior Components: Mismatched components, could be a sign that parts may have been changed in a hurry after the vehicle was pulled from flood waters.
  • Malfunctioning Electrical Devices: The electrical components will be the first thing affected by flood water. Corrosion on connections and water damage on electronic circuit boards could lead to electrical system glitches or systems not working at all.
  • Get The Vehicle Inspected: Even if your don’t suspect the vehicle of flood damage, you should still get the vehicle inspected. A trained technician knows what to look for and will notice anything odd about the vehicle.
  • Get The Vehicles History Report: Finding a vehicles history report is as easy as entering the vehicle identification number (VIN), but it is not a guarantee the vehicle has not suffered water damage. Look for signs that the car has recently been titled in multiple states, especially if it has been recently titled out of flood areas or into areas where damage disclosures don’t exist.

If you suspect a vehicle has been involved in a flood, “Don’t Buy It!”. It could take a while before problems start to show up, and the price of replacement costs not covered under warranty could far outweigh the “great deal” you got when you purchased the vehicle.