Lemon Law for California

• Document all transactions with dates, times, expenses, and the names of people you dealt with.

• Talk to the shop manager or owner first. If that doesn’t work, contact our attorneys for help. We may have alternative dispute resolution programs information in your community. Another option is to file a claim in small claims court.

There is no “standard warranty” on repairs. You should know what is covered under your warranty and get it in writing.

Warranties may be subject to limitations, mileage, including time, deductibles, businesses authorized to perform warranty work or special procedures required to obtain reimbursement.

Dealers are responsible in case cars they sell don’t meet reasonable quality standards. It is called implied warranties - unwritten, unspoken,  promises from the seller to the buyer. Most satets dealers can use the words “as is” or “with all faults” in a written notice to buyers to eliminate implied warranties. There is no specified time period for implied warranties.

The warranty of merchantability is the most common type of implied warranty is: The seller promises that the product offered for sale will do what it’s supposed to. That a car will run is a warranty of merchantability example. This promise applies to the basic functions of a car. It does not cover everything that could go wrong.

After the sale other problems such as breakdowns don’t prove the seller breached the warranty of merchantability. A breach occurs in case the buyer proves that a defect existed at the time of sale. A problem occuring after the sale may not be the result of a defect that existed at the time of sale.

Build Dates : May 01, 2007 - April 30, 2008

NHTSA CAMPAIGN ID Number : 08V444000

Date Owner’s Notified:
Date Received by ODI: 20080903
Date Added to Databse: 20080903

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 08157

Component: LATCHES/LOCKS/LINKAGES:DOORS:LATCH
Potential Number Of Units Affected : 296422

Summary: 

GM is recalling 296,422 MY 2006-2008 Chevrolet HHR vehicles for failing to comply with the requirements of federal motor vehicle safety standard no. 201, ‘occupant protection in interior impact.” the door on the storage bin in the top center of the instrument panel failed to remain closed as required.

Consequence: 

This standard specifies performance requirements to provide head impact protection for occupants.

Remedy: 

A redesigned latch will be made available. The recall is expected to begin during November 2008. 

A warranty of fitness applies when you buy a vehicle based on the dealer’s advice that it is suitable for a particular use. A dealer suggesting that you buy a specific vehicle for hauling a trailer in effect is promising that the vehicle will be suitable for that purpose.

Having a written warranty doesn’t cover your problems, you still may have coverage through implied warranties. When a dealer sells a vehicle with a written warranty or service contract, implied warranties are included automatically. The dealer can’t delete this protection. Any limit on an implied warranty’s time must be included on the written warranty.

In states that don’t allow “as is” sales, an “Implied Warranties Only” disclosure is printed on the “Buyer’s Guide” in place of the “As Is” disclosure. The box beside this disclosure will be checked if the dealer decides to sell the car with no written warranty.

In states that allow “as is” sales, the “Implied Warranties Only” disclosure should appear on the Buyers Guide if the dealer decides to sell a vehicle with implied warranties and no written warranty.

Dealers who offer a written warranty must complete the warranty section of the Buyers Guide. Because terms and conditions vary, it may be useful to compare and negotiate coverage.

Build Dates : May 01, 2007 - April 30, 2008

NHTSA CAMPAIGN ID Number : 08V444000

Date Owner’s Notified:
Date Received by ODI: 20080903
Date Added to Databse: 20080903

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 08157

Component: LATCHES/LOCKS/LINKAGES:DOORS:LATCH
Potential Number Of Units Affected : 296422

Summary: 

GM is recalling 296,422 MY 2006-2008 Chevrolet HHR vehicles for failing to comply with the requirements of federal motor vehicle safety standard no. 201, ‘occupant protection in interior impact.” the door on the storage bin in the top center of the instrument panel failed to remain closed as required.

Consequence: 

 This standard specifies performance requirements to provide head impact protection for occupants.

Remedy: 

A redesigned latch will be made available. The recall is expected to begin during november 2008.

Dealers may offer a full or limited warranty on all or some of a vehicle’s systems or components. Most used car warranties are limited and their coverage varies. A full warranty includes the following terms and conditions:

• Anyone who owns the vehicle during the warranty period is entitled to warranty service

• Warranty service will be provided free of charge, including such costs as removing and reinstalling a covered system

• You have the choice of a replacement or a full refund if, after a reasonable number of tries, the dealer cannot repair the vehicle or a covered system

• You only have to tell the dealer that warranty service is needed in order to get it, unless the dealer can prove that it is reasonable to require you to do more

• Implied warranties have no time limits.

If any of these statements don’t apply, the warranty is limited.

A full or limited warranty doesn’t have to cover the entire vehicle. The dealer may specify that only certain systems are covered. Some parts or systems may be covered by a full warranty; others by a limited warranty.

The dealer must check the appropriate box on the Buyers Guide to indicate whether the warranty is full or limited and the dealer must include the following information in the “Warranty” section: 

the percentage of the repair cost that the dealer will pay

• the specific parts and systems - such as the frame, body, or brake system -that are covered by the warranty

• the warranty term for each covered system

• whether there’s a deductible and, if so, how much

You have the right to see a copy of the dealer’s warranty before you buy. Review it carefully to determine what is covered. The warranty gives detailed information, such as how to get repairs for a covered system or part. It also tells who is legally responsible for fulfilling the terms of the warranty. If it’s a third party, investigate their reputation and whether they’re insured. Find out the name of the insurer, and call to verify the information. Make sure you receive a copy of the dealer’s warranty document if you buy a car that is offered with a warranty.

If the manufacturer’s warranty is still in effect, the dealer may include it in the “systems covered/duration” section of the Buyers Guide. To make sure you can take advantage of the coverage, ask the dealer for the car’s warranty documents. Verify the information (what’s covered, expiration date/miles, necessary paperwork) by calling the manufacturer’s zone office. When you call, make sure you have the Vehicle Identification Number (VIN).

In case you have a problem, which you to your mind is covered by a warranty or service contract, follow the instructions to get service. If there’s still a dispute arising, there are several things you can do:

• Talk with the salesperson or, if necessary, the owner of the dealership. Many problems can be resolved at this level. However, if you believe you’re entitled to service, but the dealer disagrees, you can do other things.

• If your warranty is backed by a car manufacturer, you should contact the local representative of the manufacturer. The local or zone representative is authorized to adjust and decide about warranty service and repairs to satisfy customers. Some manufacturers also are willing to repair certain problems in specific models for free, even if the manufacturer’s warranty does not cover the problem. Ask the manufacturer’s zone representative or the service department of a franchised dealership that sells your car model whether there is such a policy.

• Contact your local Better Business Bureau, state Attorney General, or the Department of Motor Vehicles. You also might consider using a dispute resolution organization to arbitrate your disagreement if you and the dealer are willing. This may be a required first step before you can sue the dealer or manufacturer. Check your warranty to see if this is the case. 

In case bought your car from a franchised dealer, you may be able to seek mediation through the Automotive Consumer Action Program (”AUTOCAP”), a dispute resolution program coordinated nationally by the National Automobile Dealers Association and sponsored through state and local dealer associations in many cities. 

Check with the dealer association in your area to see if they operate a mediation program.

If none of these steps is successful, small claims court is an option. Here, you can resolve disputes involving small amounts of money, often without an attorney. The clerk of your local small claims court can tell you how to file a suit and what the dollar limit is in your state.

The Magnuson-Moss Warranty Act also may be helpful. Under this federal law, you can sue based on breach of express warranties, implied warranties, or a service contract. If successful, consumers can recover reasonable attorneys’ fees and other court costs. A lawyer can advise you if this law applies.

Build Dates : -

NHTSA CAMPAIGN ID Number : 08V046000

Date Owner’s Notified: 20080402
Date Received by ODI: 20080130
Date Added to Databse: 20080131

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 08016

Component: AIR BAGS
Potential Number Of Units Affected : 181516

Summary: 

GM is recalling 181,516 MY 2006-2008 chevrolet HHR vehicles not equipped with optional roof rail air bags for failing to comply with the requirements of federal motor vehicle safety standard no. 201, ‘occupant protection in interior impact.’ in tests, one of the upper interior occupant protection test points exceeded the standard’s requirement.

Consequence: 

This standard specifies performance requirements to provide head impact protection for occupants.

Remedy: 

Dealers will install an energy-absorbing plastic piece to the headliner trim. The recall began on april 2, 2008. 

Build Dates : May 30, 2006 - June 30, 2007

NHTSA CAMPAIGN ID Number : 08V444000

Date Owner’s Notified:
Date Received by ODI: 20080903
Date Added to Databse: 20080903

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 08157

Component: LATCHES/LOCKS/LINKAGES:DOORS:LATCH
Potential Number Of Units Affected : 296422

Summary: 

GM is recalling 296,422 MY 2006-2008 Chevrolet HHR vehicles for failing to comply with the requirements of federal motor vehicle safety standard no. 201, ‘occupant protection in interior impact.” The door on the storage bin in the top center of the instrument panel failed to remain closed as required.

Consequence: 

This standard specifies performance requirements to provide head impact protection for occupants.

Remedy: 

A redesigned latch will be made available. The recall is expected to begin during November 2008.