Lemon Law for California

Build Dates : September 01, 2005 - July 30, 2007

NHTSA CAMPAIGN ID Number : 08V441000

Date Owner’s Notified: 20080912
Date Received by ODI: 20080828
Date Added to Databse: 20080828

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 08048

Component: ELECTRICAL SYSTEM
Potential Number Of Units Affected : 857735

Summary: 

GM is recalling 857,735 my 2006-2008 buick lucerne; cadillac DTS; hummer h2; my 2007-2008 cadillac escalade, escalade esv, escalade ext; chevrolet avalanche, silverado, suburban, tahoe; gmc acadia, sierra, yukon, yukon xl, saturn outlook; and my 2008 buick enclave vehicles equipped with a heated wiper washer fluid system. A short circuit on the printed circuit board for the washer fluid heater may overheat the control-circuit ground wire.

Consequence: 

This may cause other electrical features to malfunction, create an odor, or cause smoke increasing the risk of a fire.

Remedy: 

Dealers will install a wire harness with an in-line fuse free of charge. The recall began on September 12, 2008. 

Lemon laws don’t work on the basis of being “in effect.” You can avail yourself of your state lemon laws so long as you qualify for the statutory requirements, which vary from state to state.

It won’t obviously work to drive a car with a manufacturing defect for an excessive period of time without complaining about it and then decide after such a long time that you want to have your money returned. So long as you diligently pursue attempting to have the defect repaired by an authorized dealer, and the manufacturer cannot make the repair, then you have a right to demand compliance with the lemon laws. Contact a local attorney familiar with the lemon laws of your state to find out whether your situation qualifies.

You cannot sue under the lemon laws, because typically the lemon laws are meant to return a consumer to the condition that he or she was in before buying the vehicle containing manufacturing defects. In your situation, you seem to be describing a matter of a failure to disclose information, or misrepresentation. Those are entirely different legal bases. Call your local county bar association for a referral to attorney who can advise you on this matter. Remember, however, that it will be the local dealer’s word against yours, and you may have a difficult time proving your case if there isn’t anything in writing.