Buying A Used Car – The California Lemon Law

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California has one of the best new car lemon laws in the country. For someone who can’t or does not want to buy a vehicle brand new, what lemon law rights are there on used cars? Fortunately, there are used car lemon laws to protect the consumer, and thanks to the large automobile industry, it is one of the most utilized legal tools in the United States.

When purchasing a used vehicle, it is best to avoid buying a lemon in the first place. Doing a bit of research beforehand and getting the vehicle surveyed before purchase is a good start. But a lemon car may not always be that obvious. Often, problems start to arise weeks after the purchaser has brought it home. If you have bought a used vehicle that you think could be a lemon, there are a few steps you can take to get rid of it.

To qualify in California for used car lemon law protection, the vehicle must have been purchased or leased in California for personal, family or business use. Vehicles purchased through a private transaction or from a car lot “as is”, usually will not have lemon law coverage. Under the Magnuson Moss Warranty Act and the Uniform Commercial Code consumers can be protected if the vehicle was bought under false representation. False representation can be:

  • Prior history of mechanical problems known to the seller (‘laundered lemon’)
  • A previously salvaged or wrecked vehicle
  • A fraudulently rolled back odometer
  • A vehicle that was a rental car, police car or taxi
  • A stolen, stripped and rebuilt vehicle
  • A vehicle involved in a flood

By California’s Warranty Act, the first time a lemon buyback is resold at the retail level, it must have one-year factory warranty to cover defects and cannot legally be sold “as is.” The law requires that the car be marked as a “lemon law buyback” and must have a “lemon” sticker on the door jamb. When lemon buybacks are illegally sold, the buyer still has rights under the Lemon Law.

The Warranty Act also applies to used vehicles that are still under a manufacturer’s new car warranty. When a used car covered by a new car warranty is sold, any remaining time left in the warranty protects the car’s new owner. The law covers “certified” used cars, lemon vehicles that are bought back by manufacturers or dealers and then resold and automobiles covered by extended service contracts.

Buying a used vehicle does not mean you will get a lemon, but if you do find yourself in this situation, seeking legal counsel from someone who specialized in the lemon law can be your best solution. A lemon law attorney is experienced in these situations and can help you get the compensation you deserve, fast and efficiently.

Automobile Recalls Affecting Insurance Rates

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The United States has one of the largest vehicle markets in the world. There are over 260 million registered passenger vehicles according to a 2007 Department of Transportation (DOT) study. With vehicles outnumbering licensed drivers, the automobile has become an integral part of American life.

With the amount of work that goes into vehicle design, it is not surprising that flaws occur. If you have been paying attentions to vehicle recalls, it seems like there is a new one coming out almost every day. Since the safety of a vehicle is a factor in determining insurance rates, it would seem logical that if a vehicle has had safety recalls, the insurance rate on the recalled vehicle may raise.

In general, car insurance premiums can be increased every time the policy is up for renewal. While an insurer may do this for a number of reasons, a mechanical defect of the vehicle cannot be controlled by the consumer. But, if the policy holder does not follow the recall notice in a timely manner, and ends up getting into an accident because of a failure of the recalled part, they could be held responsible for the damages. If you do not respond to a recall notice at all, an insurance company may drop you altogether. Another way your insurance rates can be affected by recalls, is the recalls decrease the resale value of the vehicle. If the replacement value of a vehicle decreases the insurance rates should decrease as well.

Safety issues that cause accidents and damages, can hold the car manufacturer responsible and may recoup money from them. In this case the insurance company does not need to gain more money from its policyholders since the car manufacturer is paying for what they are responsible for.

Dealing with the auto insurance industry is never easy and, when the vehicle manufacturers gets involved, it just adds to your problem. For now, there should be no cause of concern so long as you pay the premiums on time and take the vehicle in for repair as soon as you get the recall notice. If you believe your premiums have been raised unfairly or in error, you do have some recourse. Most insurance companies have procedures in place through which a customer can file a complaint. When all else fails, a customer can sign up with a competing insurer. Take precautions however: an auto insurance policy is a legally binding contract between you and the company. You need to give advance notice of cancellation and make certain your new policy is in effect. Don’t just stop paying your premium, or you could be penalized.

Toyota To Fix Coolant Pumps In Prius

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Toyota has announced that it will repair almost 380,000 2004-2007 Prius models in the United States for coolant pump problems. There have been no reports of injuries or accidents related to the problem, but complaints of power loss has lead the company to fix the minor repair without issuing a recall. A Toyota spokesperson explained that air bubbles entering the system through the pump reduces the efficiency of the cooling system. When the pump malfunctions, the car’s hybrid system switches off to prevent overheating and the vehicle’s regular gasoline engine takes over. Overheating of the vehicle could activate a warning light on the dashboard, and a significant loss of power will be noticed. Toyota said it would begin notifying owners of the Prius repair campaign in the United States in early December.

Unintended Acceleration In Ford And Mercury

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The National Highway Traffic Safety Administration (NHTSA) is warning owners of 2010 Ford Fusion and Mercury Milan vehicles not to place any unsecured floor mats on top of standard carpeted floor mats as it could lead to unintended acceleration. The NHTSA is opening a formal investigation into the problem after three complaints that when an all weather mat was placed on top of the standard floor mats, the mat could slip forward and trap the accelerator pedal. There have been no crashes or injuries related to the problem, but the NHTSA felt an investigation was necessary. For more information, consumers can contact the National Highway Traffic Safety Administration’s Hotline at 888-327-4236 or their Ford dealer.

Californias 2010 Los Angeles Auto Show

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2010 LA Auto Show
– Watch more Videos at Vodpod.

The Los Angeles Auto Show is the last major auto show of the year. This year turned out to be one of the biggest and best seen in a while. Over 1,000 cars, trucks and SUVs were displayed, consisting of electric vehicles, hybrids, high performance super cars, and one of a kind concept cars.

The 2010 show was especially successful with a record number of debuts: 20 world and 30 North American debuts. Many of the car manufacturers debuts showed environmentally friendly and fuel efficient electric and hybrid vehicles. The Chevrolet Volt received much attention, winning the 2011 Green Car of the Year award.

BMW Rolls Royce Recall for Braking Problems

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Bayerische Motoren Werke (BMW) is recalling BMW 5 Series, 6 Series, 7 Series, and Rolls Royce models to fix a potential problem with the braking power assist system. A leak in the system can result in a loss of vacuum pressure, reducing the amount of brake assistance given to the driver. BMW said the mechanical brakes will still function and be able to slow and stop the car, but more driver effort is required to press the pedal.

The recall includes cars built between 2002-2010 with 8 and 12 cylinder engines. The vehicles affected by this recall are:

  • 2002-08 BMW 745i/Li, 750i/Li, and 760i/Li
  • 2007-08 BMW Alpina B7v
  • 2004-10 BMW 645i and 650i
  • 2004-10 BMW 545i and 550i
  • 2003-2010 Rolls-Royce Phantom models

The company says it will notify owners by first-class mail in the next few weeks. Drivers who experience reduced power braking assistance should immediately schedule a service appointment with an authorized BMW service center.

Recalled Child Restraints In GM Trucks

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No injuries have been reported, but after concerns were raised by Transport Canada, GM has decided to recall almost 200,000 pickup trucks for an inadequate child restraint system in trucks without rear seats. The vehicles involved in the recall are:

  • 2004-2011 Chevrolet Colorado
  • 2004-2011 GMC Canyon regular cab
  • 2004-2011 GMC Canyon extended cab
  • 2007-2008 Isuzu I-290/I-370
  • 2006 Isuzu I-280/I-350

According to GM, “The child restraint top tether anchor for the front center seat position is not accessible for installing a child seat”, so the child restraint may not be properly secured.”

Customers will be mailed an owner’s manual supplement that describes how to install a child restraint using a top tether in the center position. Dealers will modify the back panel trim cover to allow access to the top tether anchor, if requested by the customer.

NTSB Most Wanted List For Transportation Safety

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In order to combat the high incidences of motor vehicle accidents the National Transportation Safety Board (NTSB) has put together a “Most Wanted List” of transportation safety improvements and notable “Most Wanted” successes of last year. While most items are related to aviation, operator problems for truckers, and motor coaches, there are several issues that may affect the every day driver. Below is a list of problems the NTSB hopes to improve.

  • Child Occupant Protection:
    • Review existing laws and bring in legislation that would require children up to 8 years old to wear child restraints and use booster seats.
  • Enforcement of Seat Belt Laws:
    • Strengthening the law by allowing officers to ticket drivers for not wearing seat belts without having to observe another offense first.
    • Implementing fines and driver’s license penalty points.
  • Eliminate Distractions for Young Drivers:
    • Prohibit the use of interactive wireless communications devices by young novice drivers.
    • Restrict the number of teen passengers traveling with young novice drivers.
    • Enact graduated driver licensing legislation.
  • Reduce Drinking and Driving:
    • Frequent, statewide sobriety checkpoints.
    • More effective measures for first time arrests with high blood alcohol concentration and repeat offenders.
    • Zero blood alcohol requirement for those already convicted of driving while intoxicated (DWI).
    • Administrative license revocation for refusing to take or failing an evidential test for alcohol.
    • Vehicle sanctions for DWI offenders to separate drinking from driving.
    • Elimination of plea-bargaining DWI offenses and programs that divert offenders and purge offense records.
    • DWI offense records retention for at least 10 years to identify repeat offenders.
    • Special sanction court-based programs such as DWI courts for hard core DWI offenders.
  • Improve Motorcycle Safety:
    • Require that all persons shall wear a Department of Transportation Federal Motor Vehicle Safety Standard 218-compliant motorcycle helmet while driving or as a passenger on any motorcycle.