(Note: Names have been omitted and some information may have been changed to protect client privacy.)
The California Lemon law provides remedies for purchasers of vehicles that repeatedly fail to meet the standards of quality and performance as provided under the manufacturer express warranty. If a vehicle is purchased “used”, the new owner will usually be protected by the lemon law for the remainder of the warranty. This was the case with a client of ours from Carson, California who bought a certified pre owned (CPO) 2008 Audi A6 from a dealership in Long Beach. Continue reading →
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:
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.
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.
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.
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.
If you think you own a lemon these are the 7 most important defenses to create a good lemon law case to help to get your car repurchased.
Bring your car in early. At the first sign of a manufacturing problem get a repair order from an authorized dealer. If the manufacturer buys your car back, the lower the mileage of the first repair, the lower will be the use fee deduction, and the greater the amount you may get back.
Always get a copy of the work order when you leave the vehicle; and always get a copy of the actual completed repair order when picking up the vehicle. Be sure the work order accurately shows your complaints. If the problem recurs, even if only 5 minutes later, get a new and separate repair order. Do not let the dealer add on to the earlier one. If possible, have the technician write on the repair order that they verified your complaint.
Be consistent in your complaints. The California lemon law states that the manufacturer must be allowed a reasonable number of repair attempts to fix the same problem. So be sure that the way your complaint is written on the repair order shows that you are describing the same problem.
Check the technical service bulletins or TSBs. These are issued by manufacturers for common defects for your specific year and model. Usually the dealer will not tell you about TSBs, unless you ask. Even if they tell you none exist, make sure that your request is written on the repair order. Check our website at calemonlaw.com to see the current technical service bulletins for your car.
Watch out for bad advice. Dealer service personnel are not lawyers. They may give you bad advice about the California lemon law which may affect your decision about how to handle your problem. If you have a question call us. Don’t be swayed by remarks that you are the cause of your car’s problems, like you don’t know how to use the brakes, or the NAV system, or it’s because you live on a hill, or you are using bad gas. These are just excuses for a problem the dealer doesn’t know how to fix.
Watch out for arbitration. Some manufacturers suggest that you have to go through arbitration before you can use the California lemon law. That is not true! In fact, it can be very dangerous because the ruling of an arbitrator has the same effect as if it were a decision made in a court of law. And if the ruling is against you, it could then become considerably more difficult to later win your case.
The final step is to call our offices for a free consultation as soon as you think you have a lemon. And in most cases we will not charge you any fees for handling your lemon law case. So call us today at 888 ex lemon or 888-395-3666 or complete the short submittal form on our website calemonlaw.com.
Life is too short to live with a lemon, especially if we may get rid of it for you and get you your money back. We look forward to hearing from you.
California Lemon Law in Los Angeles: 310-475-1700
California Lemon Law in San Francisco: 415-285-5366
California Lemon Law in Fresno: 559-382-0359
California Lemon Law in Long Beach: 562-282-9909
California Lemon Law in Oakland: 510-545-9083
California Lemon Law in Orange County: 949-856-4333
California Lemon Law in Palm Springs: 760-395-1000
California Lemon Law in San Diego: 619-229-6900
California Lemon Law in San Fernando Valley: 818-837-0500
California Lemon Law Specialist Kurt Delsack has been protecting California lemon law clients since 1987 and has recovered millions of dollars for thousands of clients. Representing clients to the highest legal standards under the California lemon law, we pride ourselves in obtaining the most favorable results without going through the arbitration process, which could have a significant negative impact on any future legal action you may bring against the manufacturer. The first step in getting rid of a lemon vehicle is to know if your vehicle qualifies under the California lemon law. The above video offers easy steps that will help you see if your vehicle qualifies as a lemon. Your vehicle could qualify if:
1. You have repeated problems related to the safety, value, or use of your vehicle.
2. The vehicle was purchased or leased as new for personal and most small business use.
3. Or, if the vehicle is used, it was purchased while the manufacturer’s original, new car warranty was still in effect.
4. Finally, the manufacturer has had a reasonable number of repair attempts. A reasonable number is four repair attempts for the same or similar problem; or only two times if it is likely to cause serious bodily injury; or if the vehicle has been out of service, in the hands of an authorized dealer, for more than 30 days during the first 18 months or 18,000 miles; AND is still not repaired.
These are not absolute requirements to demand a repurchase on your vehicle. There are many situations which do not meet these guidelines but which may still entitle you to the lemon law protections.
If you think you have a lemon, call us today at 888-EX-LEMON or 888-395-3666 for a free consultation, or complete and submit the short form on our website at www.calemonlaw.com.
Life is too short to live with a lemon, contact our offices and “Get Rid Of Your Lemon Today! CALL:
