Archive for May 15th, 2008

May 15 2008

CA Used Car Lemon Laws

Published by Lemon Law under General Articles

In case a secondhand car being sold with a specific written warranty, it can be qualified under the CA Lemon Law. The CA Used Car Lemon Law covers a secondhand car purchased for personal, family or household use.

Should the  vehicle be bought without a warranty, the buyer will have a very difficult time making a case under the California Used Car Lemon Law. Dishonest sellers will not be shied from trying to sell a buyer a ‘lemon’ previously returned for these very defects.

CA Used Car Lemon Law applies to leased vehicles, as long as they have been leased under warranty. Such warranty is not invalid once 18,000 miles of road use or 18 months since purchase have expired, if the warranty specifies a higher mileage or period.

If first repair took place within the definite warranty period, a leased or purchased vehicle can qualify under the California Used Car Lemon Law even after that period.

One can get a refund or complete repair for a secondhand purchased or leased vehicle as easily as one can for a brand-new car, as long as the used car was purchased for private, non-commercial use.  CA Used Car Lemon Law doesn’t only cover seconhand cars. It applies to RVs,  motorcycles, motor homes of all kinds,boats and other vehicles.

CA Lemon Law gives detailed information on California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law Attorneys and more. California Lemon Law is affiliated with Boat Lemon Laws.

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May 15 2008

Lemon Law Arbitration is Not Recommended

Published by Lemon Law under General Articles

2007 Toyota Tacoma trucks have potentially dangerous problems, causing numerous truck owners to file complaints with the National Highway Traffic Safety Administration. Their trucks accelerate or lurch forward while stopped.

Victor Downin of Foresthill has reported that while being in severe traffic, the car isn’t going to slow down, It’s going to be a real problem not rear-ending another car. Downin tried to corrected his Toyota dealership problem and to get the truck buy back under California’s lemon law. Toyota told him to inspect it in three different dealerships.

Downin headed to the CA Arbitration Certification Program, a third-party arbitration process approved by the Department of Consumer Affairs and sponsored by the manufacturers. Downin’s arbitration was not successful. There was not enough evidence to support his complaint. It was reported that he could try to get another warranty repair and go through arbitration again, or take his claim to court.

Downin claims in news reports that he does not plan to contact an attorney. He is waiting for the results of a National Highway Traffic Administration investigation into the surging problem.

Arbitration will work for some consumers who fear the legal system. But consumers usually do not win. Last year there were 2,049 consumer requests for arbitration. Consumers won repair in 17 percent of cases. Consumer won return or restitution 15 percent of the time. But in 60 percent of cases, consumers got nothing.

Moreover, participating in the process may actually harm your future legal claims against the manufacturer. You are giving the manufaucturer full access to your documents, statements, your vehicle without assistance of counsel. You may unwittingly make a disclosure or statement which can, and likely will, be used against you in a later lawsuit.

I’m sorry that Mr. Downin has such a poor opinion of the justice system that he feels compelled to wait for a federal agency to take action rather than hiring an attorney who specializes in California Lemon Law. Under the current administration, I am afraid Mr. Downin will be waiting a long time. I hope for Mr. Downin’s safety and the safety of others, he parks the vehicle.

Word to the wise: Don’t get stuck with a lemon. Sometimes all it takes is a letter from an attorney to get a manufacturer to realize it is going to have to buy back the vehicle. Don’t wait for the manufacturer to do the right thing. It could mean your life or livelihood.

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May 15 2008

Be aware. Used Car Dealers can Circumvent Lemon Laws

Published by Lemon Law under General Articles

Car purhcase is an expensive process. So if you want to buy  car that’s comfortable, suits your needs and is mechanically reliable, you should not choose poorly, because then you will be stuck with the car for quite some time. All the states now have some version of a lemon law, for protecting buyers from unreliable  and unrepaireable vehicles. Most states require, that the manufacturer either replaces it or refund the purchase price in case a vehicle is being repaired for a month during it’s warranty or needs several repair attempts.

Used cars buyers are generally on their own, but California state has passed separate laws protecting buyers of used cars. Not every state has such protections, as that sort of legislation is still in its infancy. However, there is a small amount of protection available. Most, states have strict regulations regarding on how manufacturers dispose of vehicles that are considered to be lemons. These vehicles are usually repaired and resold. In most states these vehicles will be prominently branded as such, usually on the title. Most states also require that any dealer selling such a vehicle must disclose the vehicle’s history to any potential buyer.


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May 15 2008

State Buyers will not be Protected by California Lemon Law

Published by Lemon Law under General Articles

The cost of a new vehicle is higher than it has ever been, and prices continue to go up. The price insurance and gasoline are increased. Add it all up, and you will find that the cost of buying and owning a car is quite expensive. Consumers are eager to find the best deal and are often rewarded for their hard work. In the case of CA residents and highly taxed states, the price of sales taxes adds considerably to the cost of buying a new vehicle. Savvy shoppers found a solution to this problem - buy the vehicle out of state and drive it home.

That seems like a good idea. After all, a 2% decrease in the sales tax on a $25,000 car means a savings of some $500, which will buy a few tanks of gas, even at today’s prices. Savings are more significant if the vehicle in question is a $250,000 motor home. There may be a downside to this system, however. California Supreme Court recent court ruling has ruled that the California lemon law applies only to vehicles actually purchased within the state.

This may come as a strong blow to Californians, who enjoy the first, and one of the most powerful, lemon laws in the United States.  Out of state consumers, bring their vehcles home, and then find out that they have nonconformities that prevent them from being repaired will find out that they have no protection under California law. Worse, they may have no protection under any law. State lemon laws require that the vehicles must be purchased in that state. Most lemon laws require that anyone filing a claim under the law must also be a resident of that state. This may leave buyers who purchase a vehicle and drive it to another state out of luck.

California state attorneys called the ruling fair, pointing out that enforcing the statute costs money, and that it doesn’t seem reasonable for the law to represent buyers who don’t pay the sales taxes that support it.

Of course vehicle warranties will still apply,and if the problems with the vehicle can be repaired under warranty then they will be covered. Owners of these vehicles may pay for any additional repairs not covered under warranty. They are not entitled to replacement or refund in case the repairs are unable to resolve the problem permanently .

Anyone planning a purchase in lower-taxed state should be aware, however, that the savings may turn out not to be all that significant if the vehicle turns out to be defective. A $5000 savings on a defective, useless quarter of a million dollar motor home is no bargain. Buyers should exercise caution.

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