Lemon Law for California

Build Dates : December 11, 2003 - April 18, 2005

NHTSA CAMPAIGN ID Number : 05V431000

Date Owner’s Notified: 20051031
Date Received by ODI: 20050921
Date Added to Databse: 20050928

Manufacturer’s Involved: KIA MOTORS AMERICA, INC.
Manufacturer’s Responsible for the Recall: HYUNDAI-KIA AMERICA TECHNICAL CENTER INC
Manufacturer Campaign Number: SC-053

Component: AIR BAGS
Potential Number Of Units Affected : 73641

Summary:

On certain vehicles equipped with an advanced air bag feature, the occupant classification system (ocs) installed in the right front seat of the vehicle may misclassify a child restraint seat (crs) as an adult. This may occur if the crs is installed after an adult has been seated in the right front seat. If there has not been a ‘key on’ ‘ key off’ cycle with the right front passenger seat empty prior to installation of the crs.

Consequence:

The possibility of misclassification of a crs as an adult may allow the right front airbag or side impact airbag to deploy in a crash and could result in injury to the right front occupant.

Remedy:

Dealers will reprogram the vehicle’s ocs electronic control unit (ecu) to remove the feature that may cause the crs to be recognized as an adult. The recall began on October 31, 2005.

Lemon law arbitration process is not that complicated compared to court trials, because a judge and a jury are not needed to decide on the matter. Individuals hearing the case have a legal background so they know what details to look at in making a decision. 

If you want arbitration, you need to complete the form, have copies of all the designated documents including the written request to the manufacture to get a refund or replacement, file for a request for arbitration within 1 to 2 years of the vehicle’s original delivery date and pay the filing fee. You will be sent an exlanation letter, in case your request for arbitration is denied.  If it is approved, the only thing to do now is show up on the date of the hearing. 

Arbitration does not need counsel but if you are not comfortable, then you can hire someone. The arbitrator will ask your  lemon law category, when the hearing begins. 

Your claim can be based on one or more defects that have to be backed up by the documents like repair work and maintenance reports. These papers will show the exact nature of the problem, the mileage of the vehicle, the dates which the vehicle was in and out of the shop.  

Within a matter of days, the panel should already be able to come up with a judgment. If they rule in your favor, then chances are you will be given the choice whether to get a replacement vehicle or get a refund.  

If the appeal is denied, this is the only time that you can bring this matter to the court. You will have to get a lawyer for this so he or she can brief you on how this is done. The end result is the same because if you win, you can get your money back or another car.

Customers deciding to withdraw the claim can do this only once because you are not allowed to re-file later on the same grounds. 

Lemon law has two kinds of arbitration. The first is the state sponsored while the second is a program set up by the manufacturer. You don’t have to go through the one organized by the manufacturer if it is not certified by the state so if the state sponsored one does not produce anything good, then it is time to settle this in court. 

Build Dates : June 17, 2005 - September 08, 2006

NHTSA CAMPAIGN ID Number : 06V394000

Date Owner’s Notified:
Date Received by ODI: 20061013
Date Added to Databse: 20061013

Manufacturer’s Involved: NISSAN NORTH AMERICA, INC.
Manufacturer’s Responsible for the Recall: NISSAN NORTH AMERICA, INC.
Manufacturer Campaign Number:

Component: EXTERIOR LIGHTING:HEADLIGHTS
Potential Number Of Units Affected : 23934

Summary:

Certain vehicles fail to comply with the “vertical gradient” and “headlamp photometric values” requirements of federal motor vehicle safety standard no. 108, ‘lamps, reflective devices, and associated equipment.’

Consequence:

This standard is to reduce crashes, injuries and deaths by providing adequate illumination of the roadway, and by enhancing the conspicuity of motor vehicles on the public roads so that their presence is perceived and their signals understood, both in daylight and in darkness or other conditions of reduced visibility.

Remedy:

Dealers will replace the headlamp assemblies. The recall is expected to begin on or about April 16, 2007.

The lemon law is designed to protect people who purchased defective vehicles from manufacturers or dealers. If repeated attempts to repair the problem do not produce any positive results, you can have this settled through arbitration or through the courts. A lot of people seek the help of the courts because they are not happy with the decision given by the arbiter.  

You can get help from the office of the attorney general in your state that will be able to refer someone. You can also go online and then select the state to find a lemon lawyer that is near where you live. It wouldn’t hurt to ask friends or family who may have hired someone in the past that experienced this problem.

While you are explaining your problem, pay attention to their behavior and ask yourself if you will be comfortable working with this person. You should also know how much they will charge for their services. Consultation is usually free since you are simply interviewing them. But once you hire them, you will have to pay the legal fees which may be reimbursable if the judge rules in your favor and instructs the manufacturer to also pay for that.

One thing people forget to consider when looking for a lawyer is how fast will they be able to get in touch should you want to speak to them. Naturally, counsel is supposed to update you from time to time like when is the court date.   

One thing you should have with you before walking into a lawyer’s office are the documents that will be used in the case. These include the repair orders and the maintenance reports because this is needed when counsel is presenting the argument to the judge. If something is missing, request it from the manufacturer or dealer since they are the ones who tried to repair your vehicle. 

There are times that the lawyer you like may not be able to take your case because of their workload. When this happens, ask if they can refer you to someone else. The lemon law cannot be interpreted by someone who does not have a legal background which is why you need a lawyer to help you out.

Build Dates : June 01, 2006 - June 30, 2007

NHTSA CAMPAIGN ID Number : 07V385000

Date Owner’s Notified: 20071022
Date Received by ODI: 20070828
Date Added to Databse: 20070828

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 070164

Component: PARKING BRAKE
Potential Number Of Units Affected : 9518

Summary: 

On certain straight towing or non-towing trucks equipped with bendix air brakes, the air brake park control valve may develop either an internal air leak or an air restriction. The park brake may not release or may release only partially.

Consequence: 

If the vehicle is on an uneven surface, the park brake may not hold the vehicle and could result in unintended vehicle movement and a vehicle crash. This condition does not affect normal service braking.

Remedy: 

Dealers will inspect and replace the external check valve on the air brake park control valve if the inspection determines the external check valve is damaged, the air brake park control valve will be replaced and may require the replacement of an internal check valve in the air brake park control valve. Remedy will be free of charge. The recall began on October 22, 2007.  

Lemon law for used cars is a protective shield that people can use in order to avoid unfair purchases and report crooks in car dealership industry. Remember that a defective car is not only a danger to itself, it is a ticking time bomb for people using it. We there cannot understate the importance of knowing how we can protect ourselves from lopsided car deals and how the law can facilitate this for us. Below are the things that we need to remember about lemon law for used cars. 

The reason why we might be buying used cars is that we want to save on money, or that we want to have a car on a limited budget. This should not stop us from demanding honesty on the transaction of the deal, and the quality of the car that we are buying. 

We should bear in mind that states have different versions, but all of them have a universal tenet that all used cars within the warranty period can still be eligible for the law’s protection. If you will ever encounter problems or defects in the car that you purchase, defects that trouble you a lot and have cost you money for repairs, defects that you are not aware of at the time the transaction was materialized, then you can process a claim for reimbursement and refunds. Two, the vehicle must not be serviced for commercial use. If it does, the lemon law cannot be applied. A lot of us may wonder why, but people in the know say that commercial vehicles can earn money for repairs. Moreover, the vehicle in this case will be worn out by frequent business trips.

While for those used for personal or family use, the owners usually are not earning money when using the car. In fact because of the rising fuel prices, owners might be forced to economize its use to save on oil. Therefore, the brunt for repairs is more burdensome, troublesome, and risky for this situation. The used car lemon law provides ordinary people a chance to assert their right against unscrupulous car dealers. When used with prudence, discernment and a sense of justice, we can put integrity back to business.

Build Dates : November 05, 2007 - June 28, 2008

NHTSA CAMPAIGN ID Number : 08V429000

Date Owner’s Notified: 20080915
Date Received by ODI: 20080825
Date Added to Databse: 20080825

Manufacturer’s Involved: HYUNDAI MOTOR COMPANY
Manufacturer’s Responsible for the Recall: HYUNDAI MOTOR COMPANY
Manufacturer Campaign Number:

Component: FUEL SYSTEM, GASOLINE:DELIVERY:FUEL PUMP
Potential Number Of Units Affected : 65000

Summary: 

Hyundai is recalling 65,000 my 2008 Elantra vehicles with 2.0 liter beta engines. The fuel pump motor may not have the proper uniform internal electrical surface contact. This may cause the fuel pump to produce less pumping pressure than required to supply the fuel injection system.

Consequence: 

Poor engine starting and hesitation may result. Other engine performance issues may also result increasing the risk of a crash.

Remedy: 

Dealers will replace the fuel pump subassembly free of charge. The recall began on September 15, 2008. 

If the vehicles are still found to be in need of repair after a reasonable number of attempts at repairing, the California Lemon Law gives the consumers within the state a legal right to return defective vehicles to manufacturers for a full or partial refund. To apply for the lemon law, the vehicle must be under the original manufacturer’s warranty, have had four repair attempts at the dealership (or two if the problem causes serious injuries or fatalities), or been in for repair for the same problem for over 30 days, at which time the vehicle many be returned to the manufacturer for full or partial refund plus incidental expenses.  

Arguing that the owner made improper use or changes to the vehicle, manufacturers try to claim that the warranty does not apply. If you are proved to have voided your warranty, you will lose a Lemon Law case. 

When you purchase a new vehicle, it’s wise to use the following guidelines: 

1. Precisely follow the suggested maintenance schedules. (You should take the vehicle to a dealership to have all warranty repairs performed.) 

2. Even if the garage made no repairs, keep the receipt. Please retain all buying receipts with you, if you are doing your own engine work like changing oil. 

3. If your vehicle is not behaving correctly, you should take it to the dealership straightaway. If the problem worsens due to not being recognized, your rights under your warranty may be forfeited. 

4. Do not alter non-stock parts with the stock vehicle configuration. After vans are converted, they are no longer considered stock and this is a potential problem.

5. Don’t try to use the vehicle for any purpose other than what is intended, such as trying to haul a huge boat with a tiny economy car.

6. A continuous problem needs to be reported to the dealership’s service manager and the manufacturer’s rep in writing.

If, according to the Lemon Law, the automobile really is a Lemon, vehicle manufacturers will generally be persuaded to go along with the purchaser. By using these tips, you can improve the chances of a successful Lemon Law case, and not be left puckering with a sour taste.

Build Dates : June 17, 2005 - February 06, 2006

NHTSA CAMPAIGN ID Number : 06V444000

Date Owner’s Notified: 20061130
Date Received by ODI: 20061120
Date Added to Databse: 20061127

Manufacturer’s Involved: HARLEY-DAVIDSON MOTOR COMPANY
Manufacturer’s Responsible for the Recall: HARLEY-DAVIDSON MOTOR COMPANY
Manufacturer Campaign Number: 0126

Component: ELECTRICAL SYSTEM:BATTERY
Potential Number Of Units Affected : 19921

Summary: 

On certain motorcycles, a battery caddy bolt may loosen under normal riding conditions. Should this occur, the bolt can back out which allows the battery to shift position and then hold the battery in a position which may allow the battery terminals to contact the metal battery caddy cover and abrade through the positive terminal protective boot.

Consequence: 

If this occurs, the battery can short against the cover, causing sparks and possibly a fire.

Remedy: 

Dealers will replace the center battery caddy bolt. The recall began on November 30, 2006. 

Learn to spot problems before you drive off the lot, to save thousands in costly repairs and headaches. 

Avoid getting stuck with a trouble-prone vehicle by checking the reliability records listed on several consumer websites. There, you’ll find lists and records of vehicle models by year and a list of common problems to watch out for. Check with the manufacturer for any recalls that may affect the model and year of the car you are considering. 

The Federal Trade Commission requires all car dealers to post a Buyer’s Guide on used cars that are for sale. The guide must list any warranty information offered and the repair responsibilities of the seller. Take special note of “as is” sales, since they offer the consumer no protection. 

Look for areas that may show signs of an accident: dents, scratches, and obvious repairs. Make sure all locks and doors close properly. Look for paint overspray on chrome or rubber trim. This can be a sign that a body panel has been repaired. Heavy tread wear on outside of the tires, near the sidewall, can be a sign that a car has been driven hard. Cupped tires that are worn unevenly can also sign of trouble, since it generally indicates problems with steering, suspension or the brakes.

Check for chunking noises in the steering. Excessive play in the wheel can also be a sign of worn steering gear. When test driving the vehicle, take note as to whether the car tends to wander in one direction or the other. This may indicate an off alignment. 

To check for suspension problems, push down hard on each fender and let go. The car should rebound softly once or twice. Drive the car or truck over a bumpy road at 30 mph to check for excess juggling or bouncing. 

Before purchasing any used car or truck, it’s usually a good idea to have a certified mechanic have a look. A thorough diagnostic test usually costs more than $100, but some independent mechanics will at least do a quick check for obvious problems for much less.