Lemon Aid: Exercising Your Rights Under the Consumer Lemon Law
Lemon Aid: Exercising Your Rights Under the Consumer Lemon Law
Lemon Aid: Exercising Your Rights Under the Consumer Lemon Law
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Car Buybacks ? California Lemon law Cars
Car Buybacks ? California Lemon law Cars
In this article I would like to discuss the car lemon law case of Fran Fontanez. Two years back, Fran Fontanez and his wife saw an advertisement from the dealer Cold Brook Saab of Skowhegans, Maine and bought 2003 Saab 9-3 with 21,000 miles which had a full factory warranty.
Fontanez paid ,000 for this voluntary buyback car. Every thing went smooth for few days. But after the first few days the car had to undergo subsequent repairs of 17 times covering ,800 in bills by the end of March 2007, which was covered under the car’s warranty. Then at 44,000 miles the engine failed and he took the car to the showroom to return it back. The dealer informed that it was the engine problem not the transmission problem and he was not ready to take the car back.
Then Fontanez started to research the car’s history, tracking its original papers and found that it was a “Lemon buyback”, meaning it has recurring defects. At last he filed a case to get back the money he invested, which has sat unused in his garage for more than a year.
In this case, Fontanez says that the car dealer has not informed him about the used car that was branded as a lemon in California. Due to this the attorneys of Cold Brook Saab, the dealership has dismissed the case saying that, they have met all of Maine’s legal requirements in this case.
The issue of this case has brought attention to some of the attorneys and consumers, who says that state laws need further amendments to protect consumers. This is because Maine has no such law. So be vigilant before you buy any used car from the dealer, from the owners or, in auction and protect yourself with the consumer rights.
There are some things to look into, before you buy any used car. First thing is why they are selling the car and make sure that he isn’t selling it because of some major car problem. Secondly see whether used car needs any repair so that you can determine if it is even worth pursuing it. Finally see for mileage, to find out a real value on used car and make sure it is not a lemon buyback by reviewing the complete history of car, which might help you in protecting your consumer rights.
For having a case review of such used car lemon buy back problem in your state or any information where you can resolve your claim with the manufacturer at no cost to you and even get compensated.
California Lemon Law provides detailed information on California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law Attorneys and more.
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Key Points Concerning the California Lemon Law
Key Points Concerning the California Lemon Law
When people talk about the “California Lemon Law”, what they’re referring to is a subsection of the Song-Beverly Consumer Warranty Act. Concerning motor vehicles, the Song-Beverly Act states, basically, that if a car manufacturer or its authorized representative (i.e. the dealership) is unable to fix your car after a reasonable number of repair attempts so that it meets the terms of its original warranty, you are entitled to receive a complete refund for the car or a new replacement car at no extra charge. You can decide whether you want a replacement or a refund, which includes not only the purchase price but also any manufacturer-installed components, registration and official fees, sales tax, repairs, finance charges, towing, and any other costs that occurred as a result for the vehicle’s faultiness.
The Song-Beverly Act protects consumers for the full duration of their vehicle’s warranty. So even if the car’s defect doesn’t show up until year four of ownership, as long as the warranty is for four years or longer, you are entitled to a refund or a replacement.
Now for the so-called Lemon Law clause. This is the section of the Song-Beverly Act that deals with what exactly is meant by “reasonable number of repair attempts”. The clause says that a reasonable number of repair attempts have been made if any of the following three scenarios occurs:
A serious car issue has been repaired (unsuccessfully) two or more times. A problem has been the subject of repair four or more times and the owner has spoken with the manufacturer directly at least once. The vehicle is out of service for more than 30 days because of repairs.
This Lemon Law clause is used in court disputes less as a law and more like a general guideline, the points of which can be debated for hours on end. This is why California Lemon Law cases are often very complicated and messy.
A few last key points to remember about the San Diego, California lemon law: the Lemon Law doesn’t apply if the defect was caused my car misuse or abuse; it’s best to pursue legal action as soon as you think you have a good case; and the Lemon Law doesn’t (for the most part) cover used cars.
Ryan Frank is a 23 year writer and blogger living in San Diego, CA.
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How does California Lemon Law apply to interstate purchases?
Question by plastictr: How does California Lemon Law apply to interstate purchases?
Let’s say you want to buy a used or certified pre-owned car through eBay Motors. You the buyer are a California resident, but the seller is in, let’s say Arizona. Which state’s lemon laws apply to the purchase? Is the buyer protected under California’s lemon laws, or does the state of the seller determine lemon law jurisdiction?
Best answer:
Answer by mark l
It doesn’t.
Give your answer to this question below!
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How Does California Lemon Law Affect You?
How Does California Lemon Law Affect You?
The main California Lemon Law states that if you purchase a vehicle that quickly begins to need constant repair, ceases proper functioning, or poses a threat to your safety, it may be deemed a lemon. You must attempt a reasonable number of repairs on the same defect in a certain time period, which generally means four attempts within a thirty-day period. Depending on whether you purchased your vehicle new, used, from a dealer, manufacturer or individual will also affect its ability to qualify as a lemon.
This is basic lemon law coverage for California, but luckily you are covered for more than just automobiles. Many different vehicles receive adequate coverage, and even some object like computers are protected under areas of lemon law.
Motorcycles are fully covered as long as they are registered in California for high way use.
Boats are covered as long as none of the issues were listed in the original bill of sale. It is extremely important to read over everything before you sign because if there is a loophole called a “caveat emptor” you are purchasing the boat will all present and future defects.
RV’s are normally covered as vehicles, but not as living quarters. The frame, engine, transmission et al are almost always covered, but the living area is rarely included.
Commercial Trucks, while a little trickier, are also protected. Since they are less commonly lemons, it can become more complicated proceedings, but you should definitely still look into it.
ATV’s, small planes and other vehicles are, surprisingly, also covered. The most important thing to do if you think you might have a lemon is to keep adequate documentation of all procedures. Record the days you are without a vehicle, the dates in which you take it to the shop, and the times you first try to contact the manufacturer and previous owner to make amends.
If everything goes accordingly, you should be compensated with either a new vehicle or the full cost of your lemon. Be sure to ask a California Lemon Law Attorney for more advice regarding your potential case.
Ryan Frank is an avid writer and blogger living in San Diego, CA.
The Law Offices of Howard D. Silver www.howardsilverlaw.com Attorney Howard D. Silver represents consumers in California in such areas as automobile lemon law, used car and auto repair fraud and unfair and deceptive business practices. The California Lemon Law is not only for new cars. Used cars that are still protected by the manufacturer’s warranty are also covered under the California Lemon Law. California lemon law lawyer Howard Silver represents buyers of “lemon” cars exclusively. That experience and depth of knowledge shows in his results — Silver’s success rate is above 95%, and he’s won millions for his clients since 1987. The Law Offices of Howard D. Silver never charge for an initial consultation, and unlike many lemon law firms, they never take a fee unless and until you win your case. If you’ve bought a lemon, you don’t have to live with it — you can turn your lemon into Silver. 513 Water Oak Lane, No. A, Oak Park, CA 91377 Phone: 818-597-2610 E-mail: hsilver@howardsilverlaw.com
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California lemon law aided by Car buyers’ Bill of Rights Includes Cooling Off Period for used car buyers
California lemon law aided by Car buyers’ Bill of Rights Includes Cooling Off Period for used car buyers
California’s lemon law, one of the first in the nation, has now been reinforced by the addition of the Car Buyer’s Bill of Rights. Now, those who buy used cars will be protected against buying used lemon cars.
California was the first state in the country to have passed an auto lemon law in 1982. It has helped many consumers pitted against defective automobiles. If it is not for this lemon law the unfortunate consumer would have had to endure the pain silently. Though the California lemon law is a pioneering legislation and is one of the most powerful and consumer-friendly laws in the country it had had a catch – it did not protect the consumers of used lemon cars. Those who purchased used cars in California were expected to be on their own even if the car had hidden defects and the seller knowingly hid the lethal facts about the car. The consumer of the used lemon car was totally put in dark.
Governor Arnold Schwarzenegger in late July signed the Car Buyer’s Bill of Rights into law.
This turn of events has changed the face of the ways used cars are being sold in California:
Buyers will now have the option of returning a used vehicle to the point of purchase after a two day trial period
Buyers get an opportunity to find any defects or problems with the vehicle that were either unknown or undisclosed
The law originally allowed a buyer to return a car after two days with no charge and no penalty. This, the dealers argued, would tantamount to their borrowing a car for two days for free for a weekend trip, in which case the consumer is saving on a rental car.
In an attempt to further restrict consumers from simply borrowing the car for two days the legislature added in the new law the following rules:
Buyers will pay a fee in order to enable the return privilege
This fee may not exceed 0
Dealers have the permission to charge a restocking fee for any returned vehicle in addition to the upfront fee
A fee is capped at a maximum of 0
This law applies to all used cars of under ,000, including certified used cars
The vehicle be driven no more than 250 miles during the cooling off period
This legislature added in the new law:
Allows buyers the opportunity to save money
Offers more transparency in the process of selling used cars
Encourages sellers to be more honest about any problems in the vehicles
Reveals defect if the consumer has the right to find it and return it two days later
Protects consumers against the buyer’s remorse if they had bought the vehicle with the undisclosed defects
Protects consumers against fraud
Protects dealers against abuse of their used cars by free loaders
Its time similar laws passed in other states too.
State Lemon Law and Federal Lemon Law(California Lemon Law) to protect consumers from being stuck with Lemon automobiles, computer lemons and other defective consumer products.
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Ford F Truck Fires: Lemon Law Recall
A faulty switch is being blamed for cars suddenly bursting into flames. Even though manufacturers have issued a recall, LemonLaw.com attorney Craig Kimmel suggests that manufacturers need to step up their recall communications with consumers to avoid what could potentially be a hazardous situation. For more info, check out www.lemonlaw.com
The Law Offices of Howard D. Silver www.howardsilverlaw.com Auto repair fraud is illegal in California under the Consumer Legal Remedies Act, which prohibits unfair and deceptive business practices. If you were cheated by an unethical auto repair shop, you have the right to sue to recover what you paid, any other costs related to the repair, attorney fees and more. The Southern California car repair fraud lawyers at the Law Office of Howard D. Silver strongly recommends that you consider a lawsuit in addition to a complaint to the Bureau of Automotive Repair. It may take months to resolve a fraud claim with the agency, whereas an auto repair fraud lawsuit can be resolved in as little as one month. You can also generally recover more in an auto repair fraud suit, because your lawyer is an advocate who gets paid to put your interests first. 513 Water Oak Lane, No. A, Oak Park, CA 91377 Phone: 818-597-2610 E-mail: hsilver@howardsilverlaw.com
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California Lemon Law
California Lemon Law
Runaway Toyotas with unintended acceleration – Relief under California’s Lemon Law
Consumers who had been through severe ordeals with their runaway Toyotas with unintended acceleration must try getting the best out of their lemon law rights under California’s lemon law.
People who have been the ardent fans of Toyota vehicles own two or three of these Toyota cars. If they face unintended acceleration on any of these cars Toyota may not be willing to buy them back.
Under California lemon law, Toyota should replace or refund the vehicles with unintended acceleration. Sticking gas pedal with unsecured mats or other obstacles is the diagnosis the Toyota came up with for the malady of their runaway cars. Time they considered repurchasing the runaway cars and brand them lemon buybacks.
California state lemon law applies to problems arising in the first 18 months or 18,000 miles of vehicle ownership. The automaker should attempt to repair a vehicle during that time for a reasonable number of times.
California lemon law allows a refund to car owners by the automaker if
1. The vehicle has a life-threatening safety defect
2. The life-threatening safety defect had not been corrected after two attempts of repair
For other types of defects, the number of repairs is four for the lemon presumption.
When customers undergo frightening experiences in their runaway Toyota cars, it would be sensible on the part of the auto maker to simply refund the car owner. The consumer does not have to face repeated travails shuttling between the automakers and the dealerships. Toyota should treat these runaway cars as lemon law buybacks, and correct the issues before they are put back in the markets as laundered lemons.
How Does California Lemon Law Help Toyota Owners
If you have a vehicle with a real safety defect that can be life threatening you can seek succor under California lemon law.
California lemon law protects the lemon law rights of a consumer who suffered serious setbacks with the safety of his life and he can ask for a refund.
Legislators have tightened California’s lemon law in recent years. Two incidents can be enough for a car to be considered a lemon if a defect is likely to cause death or bodily injury. If you have two failed repair attempts on your car already, you have the benefit of the California lemon law on your side.
Some analysts are of the opinion that consumers seeking relief under California’s lemon law may need to prove that
1. A particular defect in the car caused their cars to accelerate
2. Toyota showed negligence in its efforts to fix it
The California state Attorney General’s Web site cites that
1. The lemon law presumption is a guide, not an absolute rule
2. A judge or arbitrator can assume that the manufacturer had had reasonable number of chances to repair the vehicle
3. The manufacturer has the right to have the chance to attempt additional repairs
Repeated instances of sticking gas pedals or the unintended accelerations on Toyotas are textbook examples and they would apply under California’s lemon law.
Learn more about California lemon law claim for both lemon Toyota cars and consumers products in California.
About Author
Krohn&Moss Consumer Law Center will handle CA lemon law and warranty rights claims.If you think you qualify for a Lemon Law,Call 1-800 US LEMON(800-875-3666) to reach Krohn&Moss.
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