Purchasing a new vehicle is an exciting milestone for many individuals. However, when faced with the unfortunate reality of a defective car, the California Lemon Law comes to the rescue. Designed to protect consumers’ rights, this legislation provides a robust framework to address the complexities of modern vehicles, including the rising significance of software updates in resolving recalls. In this article, we will delve into the essence of the California Lemon Law and how it empowers individuals to overcome the challenges posed by defective vehicles in today’s technologically advanced era.

The Evolution of Vehicle Complexity:

As technology rapidly evolves, so does the complexity of modern vehicles. With advanced computer systems, integrated electronics, and intricate mechanical components, diagnosing and resolving defects has become increasingly intricate. The California Lemon Law recognizes this evolving landscape and ensures that consumers have adequate recourse when faced with persistent vehicle problems that impair its safety, value, or utility.

Understanding the California Lemon Law:

The California Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, grants significant rights and protections to individuals who purchase or lease new vehicles that turn out to be defective. Under this law, consumers are entitled to a refund, replacement, or cash compensation if the vehicle experiences substantial defects within a specified period, typically during the first 18 months or 18,000 miles of use.

Key Provisions of the California Lemon Law:

1. The Number of Repair Attempts: If a vehicle’s manufacturer or authorized dealer fails to repair the same defect after a reasonable number of attempts, the consumer may be eligible for relief under the Lemon Law. The law presumes that a “reasonable number of attempts” is two for a serious safety defect, or four or more for a non-safety defect that substantially impairs the vehicle’s use, value, or safety.

2. The Manufacturer’s Opportunity to Repair: Before taking legal action, the consumer must provide the manufacturer or dealer an opportunity to repair the defect(s) under the terms of the warranty. It is crucial to document all repair attempts and maintain a comprehensive record of communication with the manufacturer or dealer.

Recalls and Software Updates:

With the increasing reliance on software in modern vehicles, software-related defects have become a significant concern. Many recalls nowadays are rectified through software updates, which can address various performance or safety issues. The California Lemon Law acknowledges the importance of software updates as a corrective measure for recalls and requires manufacturers to provide timely and effective remedies for such defects.

It is worth noting that the Lemon Law’s provisions apply equally to software-related defects, and consumers have the same rights and protections in these cases. If a software update fails to rectify a defect within a reasonable number of attempts, consumers may still seek relief under the law.

The California Lemon Law plays a crucial role in safeguarding the rights of consumers faced with defective vehicles in an era of increasing complexity. By providing clear guidelines and recourse options, this legislation empowers individuals to hold manufacturers accountable for persistent defects that undermine the safety, value, or utility of their vehicles. With a nuanced understanding of the California Lemon Law, consumers can navigate the process effectively and seek the remedies they deserve, including recourse for software-related defects.

The California lemon law provides protection for consumers of defective vehicles sold or leased in California by making sellers and manufacturers responsible for their warranties. A vehicle is considered a “lemon” if the manufacturer or dealer has had four or more attempts to repair the defect or two attempts if the defect is life-threatening.

Law Office Of Barry Edzant.Since 1989, Mr. Edzant has earned a reputation as the Santa Clarita lemon law and personal injury lawyer, clients can trust. His firsthand knowledge of faulty vehicle repairs helps him better understand the struggle to protect buyers’ rights, giving him the experience to negotiate where possible and the tenacity to litigate when necessary. With his firm on your side, you can feel confident that your rights will be protected and that all available resources will be exhausted in making sure you receive fair compensation for your losses.

Our Priority… Protect And Enforce Our Clients’ Rights

Representing Owners Of Dangerously Designed Automobiles

$2,000,000.00 to date – Confidential Manufacturer

August 2021 to March 2022: Our office has been representing owners of a dangerously designed automobile manufactured between 2017 to 2021. To date, we have been successful in getting the manufacturer of this vehicle to either give our clients a full repurchase, or cash sufficient to make them whole. Removing these dangerous vehicles from our clients’ homes has been our firm’s mission since we learned about the defects and the severe risks these vehicles can cause.

Successfully Resolved Lemon Law November 2021

$250,000.00 – Confidential Manufacturer

Our office successfully resolved a case for a buyer of a new vehicle that had suspension failures on two occasions within the first two months of ownership. Prior to filing the lawsuit, we approached the manufacturer and asked them to repurchase the vehicle. They refused, and we filed a lawsuit for our client. The lawsuit resulted in getting our client the repurchase of the vehicle, and a substantial civil penalty for the manufacturer’s rejection of our pre-litigation demands. We are one of the few law firms that attempt to resolve lemon law cases informally prior to filing lawsuits. This cooperative approach will often result in quick resolutions for our clients without the stress of protracted litigation. However, if the case calls for it, we will nevertheless vigorously litigate to protect and enforce our clients’ rights.

Are you experiencing repeated safety problems with your vehicle? Do you think it could be a lemon? If you have any questions about your rights and the California Lemon Law, please call our office at 888-395-3666 and get some great Lemon Law advice!

Our client bought a 2016 GMC Acadia,

In September our client took his Acadia to the authorized GMC Dealership because the A/C on the rear driver’s side and rear passenger side was blowing warm air.

The next visit was on September 25th because the check engine light was on and the vehicle seemed to be idling rough. After filling up the gas the vehicle did not want to start. Also, the A/C stopped working. A light would come on and flash but would not stay solid.

The vehicle was back at the dealership on October 17th because there was a hissing noise coming from the vents and the rear A/C was blowing warm air.

Our client was back at the dealership on December 20th because there was a noise coming from the engine. When turning off the vehicle there is a winding down noise. While using the A/C there is a bubbling noise. Also, the brakes were squeaking and making a bubble noise.

The next visit to the dealership for servicing was on February 6, 2019. The first concern was that when the vehicle was idling and the heater or A/C was on, it was making a bubbling noise. Another concern was the ambient lighting on the front passenger side was inop. The 12 volt charger in the rear was inop. When putting the lift gate up there is a very large clunking noise. The driver’s side door outer belt molding was deformed. The brake pedal was making noises.

The last visit was on February 19th and the ambient lighting on the passenger side by the glove box was inop. They were hearing a light bulb bubble noise from the dash. Also the A/C light button had flashed three times.

It was shortly thereafter that we heard from our soon to be client. They spoke with Barry and sent him some documents to review. Soon after they signed a retainer agreement and a demand letter was sent to General Motors Corporation to repurchase their vehicle under the California Lemon Law. GMC agreed to buyback the Acadia, pay off the balance, reimburse him for the down payment and any payments made, pay off the balance less the mileage fee allowed under the California Lemon Law. They also paid all the attorney fees.

Our client was very happy with the buyback of his vehicle. If you think you might be driving a lemon because of repeat problems that the dealership is unable to fix, please call 888-395-3666 for a free consultation.

Our client purchased a 2016 Ram 1500 and was quite excited.

He had to bring in the vehicle fairly soon after purchasing as the airbag light kept coming on. It first happened at 90 miles, then 93 miles and then at 136 miles. He made a video of the light coming on to show the Ram Dealership. There was also a wind noise coming from the top of the driver door. You could hear this noise more on acceleration. The date of this visit was June 6, 2016.

The next visit was on June 22nd as he was still having the wind noise coming from the top of the driver door. There was also a problem with the center console lid not latching. They also did a software update on the PCM.

Our client was back at the dealership on August 3rd. At that time the driver’s seat would not move backwards all the way. He was also hearing a whistle in the weatherstripping on the driver’s door.

September 12th he was back in due to the air bag message coming on. The check engine light came on the touch screen and the air conditioning turned off. He is disappointed as the vehicle never gets over 23 MPG.

The next visit was on November 20th because while driving the throttle control light came on and the check engine light, too. He could not go over 30 MPH.

The air bag light coming on intermittently is the reason he drove the vehicle to the authorized dealership on January 24, 2018.

It was at the point that he called the Law Office of Barry L. Edzant, a California Lemon Law Attorney with over 30 years experience. During the free consultation, Barry, requested that some documents be emailed to him so he could review them. Soon thereafter our client signed up with our firm. A letter was send to FCA, USA demanding they buy back the vehicle under the California Lemon Law.

FCA, USA agreed to buy back the 2016 Ram 1500. They reimbursed our client for their down payment, all monthly payments, their registration, the payoff on the vehicle minus a mileage deduction allowed under the Lemon Law. FCA, USA also paid the attorney fees.

Our client was very pleased with the outcome.

If you are having problems with your vehicle and think you may be driving a lemon, please call our office at
888-395-3666.

The Law Offices of Delsack & Associates P.C. were contacted by the owner of a 2014 Chevrolet Corvette who believed his vehicle was a lemon. He had complained to GM many times about the problems he was having and had given his dealership five (5) opportunities to fix the defects.

He told us the engine had been replaced, the air bag warning light was always on, the engine would repeatedly overheat, there was a clunking noise in the front end during slow turns, and the car would stall at low RPMs. Repairs on the transmission included replacement of the dual mass flywheel and the clutch pressure plate. Additionally, the Corvette had been fixed under two separate technical service bulletins. TSB PI-1276: Repairs to the transmission to correct difficult shifting and a “mushy” shifting feeling. TSB PIE0302: Repairs to the transmission to correct difficult shifting from 1st or 2nd gear, clunk/grind/rattle noises, clutch pedal noise, and general poor operation. Continue reading

A brief description of the California Lemon Law

As a leader in consumer protection, California was one of the firsts states to enforce lemon laws. The California Lemon Law requires that a manufacturer who is unable to repair a vehicle to conform to the express warranty after a reasonable number of repair attempts, must replace or repurchase the vehicle. In many cases, the manufacturer will try to show that the criteria has not been met, and therefore, the buyer or lessee is not entitled to a replacement vehicle or refund. Continue reading

The owner of a 2014 Jeep Cherokee, bought in April 2014, started experiencing problems almost immediately following his purchase. When he contacted the Law Offices of Delsack & Associates for advice, he had already given his FCA dealer eight (8) repair opportunities. The vehicles problems included a defective TCM, defective PCM, defective OCR module, check engine light remains on, loss of power, no acceleration and a transmission that hesitates and lunges. Continue reading

The Law Offices of Delsack & Associates, P.C. were happy to help the owner of a 2014 Jeep Cherokee get his vehicle bought back under the California Lemon Law. During our initial lemon law consultation, he told us he purchased his vehicle in February 2014 and had given a Chrysler/Jeep dealer two (2) opportunities to repair safety defects affecting the transmission and powertrain. There were also several technical service bulletins (TSBs) issued to fix defects affecting the transmission control module (TCM) and powertrain control module (PCM), but the problems persisted. Continue reading