When a potential client comes into our California Lemon Law Offices for help with a vehicle that he or she believes is a lemon, one of the first questions asked is, “How long will it take to get rid of my lemon vehicle?”. (more…)
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How Long Does The California Lemon Law Process Take?
Wednesday, April 10th, 2013New China Lemon Laws Affects Foreign Car Importers
Tuesday, November 27th, 2012On January 01, 2013, the Chinese government will be implementing new automotive recall laws to increase consumer protections against lemon automobiles. The laws are likely to created disputes within the market as new regulations increase the accountability of manufacturers when it comes to quality control and documentation. (more…)
California Lemon Law For The Military
Monday, September 24th, 2012If 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.
Unsolicited Lemon Law Firm Scam
Wednesday, September 5th, 2012In the last few weeks we have received several phone calls from owners or lessees of Volkswagen (VW) Routans informing us that they are receiving unsolicited letters from law firms alleging to be California lemon law lawyers. At least one of these firms is out-of-state.
We don’t know how these firms obtained VW’s sales list, but if you receive such an unsolicited letter be very careful. A reputable law firm will not represent a client without conducting a detailed interview, reviewing all the documents pertaining to the potential case, and answering your questions. One of these firms only requests that you sign and return their letter and they will represent you – without any further communications – not even a phone call – and without reviewing your case and documents. Another commits you to paying a large contingency fee percentage for lemon law attorney’s fees and costs once you sign their letter.
For your own protection, if you receive, or have received, one of these letters, please read the instructions or video on How to Choose a California Lemon Law Firm.
Please call our offices at 888-395-3666 if you have further questions or simply require more information about the California lemon law.
California Lemon Law Forced Arbitration Clauses
Thursday, July 19th, 2012A 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.
Lemon Law Protection For Small Business
Thursday, March 15th, 2012A California Court of Appeal ruling last September may seem like a small victory for one business owner, but the courts decision is setting a precedence that will affect future decisions across the country when it comes to small business automobiles with a gross vehicle weight (GVWR) of 10,000 pounds.
Daniel Joyce, a licensed contractor from Petaluma first started having problems with his Ford F-250 shortly after purchasing it brand-new in 2006. Joyce decided to sue Ford, but the case was overturned saying that the truck was not covered by the lemon law because the GVWR was 10,000 pounds. After a four year battle, court finally issued a ruling siding with Joyce saying that it is the actual weight of the vehicle that counts. This decision is a victory for the consumer and could help other business owners who may be in a similar situation.
Aftermarket Modifications Affect The Lemon Law
Tuesday, February 14th, 2012The California lemon law was put in place to protect consumers who purchase defective vehicles, but a perfectly good lemon law case can go bad when a customer decides to install aftermarket products to their vehicle. In many cases, you could be violating your vehicle warranty, even if it was the dealer who installed it. It should be noted that even if the aftermarket product was not a cause of the problem, manufacturers will often “not” reimburse the customer for these items when buying the vehicle back. The attorneys at Delsack & Associates feel that the consumer should be returned to approximately the same financial position they were in before purchasing or leasing their lemon, and will fight to get reimbursement for these items. Below is a list of aftermarket products that could affect the outcome of your California lemon law case.
- Replacing Tires or Rims: Changing the tires or rims on a vehicle could affect the suspension of a vehicle leading to uneven wear of tires, brakes, and suspension components.
- Changing Electrical Components: The installation of sound, entertainment, and communication systems could adversely affect existing power and computer systems. Electronics in today’s vehicles are complicated, and even most dealerships turn to third party installers to make the installation.
- Lift Kits: Adding a lift kit affects so many different parts of a vehicles suspension system. Most automobile manufacturers will void the warranty.
Manufacturers’ new car warranties usually say that alterations and modifications to original equipment will prevent you from making a claim under the California lemon law and in most cases no one will inform you of this warranty exclusion. The manufacturer is only responsible for those items which were installed at the factory. It is unlikely they will reimburse you for these items or replace parts affected by the installation or modification of these items.
California Lemon Law Gross Vs Actual Auto Weight
Monday, February 13th, 2012The result of a four year California lemon law battle has California courts siding with consumer when it comes to vehicles weighing 10,000 pounds. The confusion is the result of automobile manufacturers refusing lemon law buybacks because the gross vehicle weight rating (GVWR) of the vehicle is over the 10,000 pound limit. The GVWR is the maximum allowable total weight of a vehicle including passengers and cargo, but does not mean the vehicle is being driven at this weight.
In the aforementioned case, the business owners truck weight was under 7,000 pounds, but because the GVWR was 10,000 pounds, it did not qualify under the California lemon law. Courts eventually sided with the business owner, saying that the gross vehicle weight (GVW) and not the fully loaded weight, is what counts. This case has set the precedent for auto makers and future lemon law cases in California involving small business owners and trucks used primarily for small businesses.
The California lemon law considers the importance of vehicle warranties to small business owners, and has included an exception in the California lemon law to offer consumers more protection. California’s lemon law covers business vehicles as long as: (1) the business that owns the lemon car or truck has no more than five vehicles registered in its name; and (2) the vehicle’s “gross vehicle weight” is less than 10,000 pounds.
If you have been denied repurchase of you vehicle because it exceeded the weight limit of the lemon law but the gross vehicle weight is under 10,000 pounds, contact the offices of Delsack & Associates for a free consultation with an attorney. Your vehicle may qualify for repurchase under the California lemon law.
California Lemon Law Buybacks
Tuesday, April 26th, 2011Here at the Law Offices of Delsack & Associates, we represent our clients to the highest legal standards. In over 23 years of helping California consumers, we have successfully represented thousands of clients throughout the state in all types of lemon law cases, with all vehicle manufacturers. We are especially proud of the fact that in more than 9 out of 10 of these cases we are able to reach satisfactory settlements without litigation, making the settlements fast and stress free for our clients. The high standards we have set to represent only those clients with legitimate lemon law claims means that we do not compromise our integrity or reputation. Our goal is not to be the “largest” lemon law firm in California, but to continue to be the best.
Below is a list of some of our most recent success stories where we helped consumers get settlements for their lemons:
- 1. 2007 GMC Yukon: Full buyback – Garden Grove, CA – 18,166 miles
- 2. 2007 BMW X5: Full buyback – Sylmar, CA – 59,952 miles
- 3. 2008 Dodge Ram: Full buy back – Bakersfield, CA – 31,192 miles
- 4. 2009 Honda CR-V: Full buyback – Alameda, CA – 14,242 miles
- 5. 2009 Nissan 370Z: Full buyback – Carson, CA – 22,858 miles
- 6. 2007 Jeep Wrangler: Full buyback – Durham, CA – 37,032 miles
- 7. 2007 Cadillac Escalade: Cash and Keep – El Dorado Hills, CA – 42,329 miles
- 8. 2009 BMW 335i: Full buyback – Huntington Beach, CA – 22,084 miles
- 9. 2010 Audi Q7: Full buyback – Yorba Linda, CA – 7,357 miles
- 10. 2010 Mini Cooper: Full buyback – San Jose, CA – 1,831 miles
- 11. 2006 Jaguar S-type: Cash and Keep – Duarte, CA – 66,195 miles
- 12. 2010 BMW 535i: Full buyback – Long Beach, CA – 17,577 miles
- 13. 2010 Chevrolet Malibu: Cash and Keep – Riverside, CA – 11,462 miles
- 14. 2007 Saab 9-3: Full buyback – Tarzana, CA – 25,269 miles
- 15. 2008 BMW 550i: Full buyback – Orange, CA – 19,919 miles
If you are in California and feel that you may have a lemon, contact our lemon law offices, or fill out our Lemon Law Case Review, for a FREE consultation.
Anywhere in California (free call): 1.888.ExLemon (395.3666)
- California Lemon Law in Los Angeles: 310-475-1700
- California Lemon Law in San Francisco: 415-285-5366
- California Lemon Law in San Diego: 619-229-6900
- California Lemon Law in Orange County: 949-856-4333
- California Lemon Law in Palm Springs: 760-395-1000
- California Lemon Law in San Fernando Valley: 818-837-0500
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