Tag Archives: California lemon law help

Auto Warranties And The California Lemon Law

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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.

California Lemon Law Mercedes-Benz GL550 Buyback

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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.

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 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.

California Lemon Law Basics

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Common California lemon law misconceptions have prevented thousands of lemon owners from trying to get rid of their vehicle and get their money back. The requirements of the lemon laws are technical, differ from state to state, and different manufacturers may interpret their obligations differently. It is important to get an attorney who is experienced in the lemon law of the state you live in. If you live in California and think you have a lemon, contact the lemon law firm of Delsack & Associates at 1-888-395-3666, for a free consultation or go to LemonLawSpecialitsts.com, and GET RID OF YOUR LEMON TODAY!