The Law Offices of Delsack & Associates, P.C. were approached by the owner of a 2010 GMC Acadia who was currently on active military duty in California. He was uncertain whether his vehicle qualified as a lemon because it had been purchased in another state. We explained that the California Lemon Law was expanded in January 2008. It allows military service personnel who have purchased a vehicle outside of California to be protected under the California lemon law if on active duty in the state. Continue reading
Although the California lemon law was designed to protect consumers who discover unfixable defects with the new vehicle they have purchased or leased, many states have included provisions to protect used car consumers as well.
The defect still must impair the safety, value, or use of the vehicle, and a manufacturer approved repair facility must be given a reasonable number of repair attempts to qualify. This includes four (4) repair attempts for the same or similar problem or two (2) repair attempts for a defect likely to cause serious bodily harm. Continue reading
We recently received a phone call from a U.S. Marine about a lemon law case involving his 2010 Chevrolet HHR. The military client bought the vehicle while stationed in Ohio before he was transferred to California. Shortly after the move, the vehicle started experiencing repeated problems with coolant leaks and the air conditioning compressor. Continue reading
Almost everyone in California knows of the existence of the California Lemon Laws, but until you are personally involved, you may not be fully aware of what the law entails. The Law Offices of Delsack & Associates have been providing consumers in California with the best lemon law representation since 1987 Continue reading
Are you starting the new year with a vehicle that you think is a lemon? According to the consumer advocate group, Consumers for Auto Reliability and Safety (CARS), automobile manufacturers repurchase approximately 50,000 vehicles a year under the lemon law. Continue reading
If you live in California, are in the military serving our country and think that you may have a lemon vehicle, there is a California lemon law bill which took effect January 1, 2008 that you should know about. California has been a leader in protecting consumers who bought lemon vehicles, but before 2008 the law stated that if you were to pursue a lemon law case, one of the stipulations was that the vehicle must have been bought in California. The new bill (SB234), sponsored by state Senator Ellen Corbett, extends the protection to all active duty military personnel stationed in California as long as the vehicle was purchased in the United States.
The law was inspired by the lemon problems of Lt. Nathan Kindig, serving in the United States Navy as a physician assistant. He was looking for a safe and reliable vehicle for his family to drive while he was stationed overseas in Iraq. Shortly after buying a 2004 Dodge Dakota, the vehicle started having problems with the engine overheating. After many repair attempts, the dealership labeled the vehicle as unrepairable, clearly making it a lemon. Because the vehicle was not purchased in California, Kindig could not pursue a buyback under the California lemon law. After hiring a lawyer and continuing to pay for a vehicle that could not be driven, the dealership agreed to repurchase the lemon on terms that would cost Kindig thousands of dollars, as Chrysler refused to use the traditional lemon law offset formula and demanded a specific offset amount.
California was the first state in the nation to specifically protect active duty military troops whose vehicles are “lemons”, regardless where their vehicles are purchased or registered. The bill attracted widespread bi-partisan support, and was passed unanimously in both houses of the California Assembly before the Governor signed it into law. Today, many states have adapted their lemon law statutes to include protection to help military members who have purchased defective vehicles which turn out to be lemons.