Lemon Law for California

Build Dates: March 01, 20060301 - March 31, 2006
NHTSA CAMPAIGN ID Number : 06V327000

Date Owner’s Notified: 20060914
Date Received by ODI: 20060831
Date Added to Databse: 20060831

Manufacturer’s Involved: ROLLS-ROYCE MOTORS, INC.
Manufacturer’s Responsible for the Recall: ROLLS-ROYCE MOTORS, INC.
Manufacturer Campaign Number:

Component: SUSPENSION:REAR:SHOCK ABSORBER
Potential Number Of Units Affected : 32

Summary:
On certain passenger vehicles, the lower rubber mount of the rear shock absorbers may not have been manufactured to specifications and may not adhere correctly to its housing within the shock absorber.

Consequence:
The bushing could loosen and over time could separate from its housing. The driver will experience impaired vehicle handling and control increasing the risk of a crash.

Remedy:
Dealers will replace the rear shock absorber free of charge. The recall began on September 14, 2006. Owners may contact rolls-royce at 1-877-877-3735.

Under California Lemon Law, if you took your New or Used Car,Truck, Van, RV, Motorcycle or Boat in for repair during the manufacturer’s warranty period and you gave the dealer a reasonable number of attempts to repair the vehicle and it continues to malfunction, you may be entitled to your money back or to a new replacement vehicle. Under California Lemon Law, it does not matter if you purchased or leased the vehicle. You may even qualify under California Lemon Law if the vehicle was purchased or leased primarily for business use. The California Lemon Law also applies to a used vehicle if it was sold with a warranty (including a portion of the original manufacturer’s unexpired warranty). What constitutes a reasonable number of attempts under California Lemon Law depends on the circumstances of each case. For example, a safety related problem may require only two attempts to be considered “reasonable” under California Lemon Law, whereas other types of problems may require more attempts. The problem must be one which substantially impairs the vehicle’s use, value or safety.
Under California Lemon Law, you do not need to take your vehicle to a manufacturer-sponsored arbitration program before you retain an attorney and make a legal claim. If you went to arbitration and you do not like the result, you may hire an attorney to pursue the claim for you under California Lemon Law.

Build Dates : September 30, 2004
NHTSA CAMPAIGN ID Number : 04V593000

Date Owner’s Notified: 20050517
Date Received by ODI: 20041215
Date Added to Databse: 20041220

Manufacturer’s Involved: PORSCHE CARS NORTH AMERICA, INC.
Manufacturer’s Responsible for the Recall: PORSCHE CARS NORTH AMERICA, INC.
Manufacturer Campaign Number: A506

Component: SEAT BELTS
Potential Number Of Units Affected : 31000

Summary:
Certain passenger cars fail to comply with the requirements of federal motor vehicle safety standard no. 208, “occupant crash protection.” all three rear seat positions and the front passenger position are equipped with seat belt retractors that have a locking feature which converts the retractor from an emergency locking retractor (elr) mode to an automatic locking retractor (alr) mode for the purposes of child restraint installation. The belt may deactivate the alr mode with certain child restraints.

Consequence:
When involved in a crash, the child restraints may not be properly secured increasing the risk of injury or death to the seat occupant.

Remedy:
Dealers will permanently install a clip in either of the affected rear outboard seat belts and provide an owner’s manual insert. The clips will prevent unwarranted conversion from alr to elr mode with child seat installation. The recall began May 17, 2005. Owners should contact porsche at 1-800-545-8039.

In the Lemon Law, the concept of substantial impairment to the use, value or safety of your vehicle is one of the basic tests that determine the validity of a case. Obviously the consumer’s viewpoint of what is substantial and what the manufacturer considers substantial is very different. It is our business to ensure that when the consumer’s car engine dies on the freeway during rush hour it isn’t treated the same as a broken cup holder. It’s bad enough that your new car, motor home or boat loses 10% of its value immediately after you drive it away from the dealership.If you paid $50,000 dollars for your car it’s only worth $45,000 when you arrive home after you sign the contract. This being the case, anything that further impairs the value is going to get your attention big time.

Let’s take a quick look at use. You buy a car to get from one place to another as efficiently as the roads and highways permit. The engine should have sufficient strength to get you up your driveway without stalling. All of the essential components of the vehicle must do what their supposed to do. All of the bells and whistles bell and whistle. To put a point on it, a car’s purpose is first to provide safe, reliable transportation. If you can’t use it to get from home to work and back it doesn’t qualify as useful.

How about value? This is easy, although the manufacturers usually have a different yardstick. Who knew? You’ve had your new truck for a month and notice bubble spots appearing beneath the paint. They don’t have to be huge open flakes. You can see them and so can your friends and relatives. The basic fact is that if you decided you wanted to sell your new truck and buy something else, you’re going to take a serious hit on value. If you take it back to the dealer to be repainted, you know there is no way it is going to be like new. You don’t want it. It’s not what you thought you were buying. It is substantially reduced in value.

Now let’s look at safety. It seems as though it should be fairly cut and dried. It’s not. Few things in the law are as simple as they should be. There ought to be an adrenaline test. For example, if your vehicle through a failure to do something it was designed to do—like stop quickly in a straight line—puts you in a situation where your heart rate shoots up like a loan shark’s interest rate, that situation should be declared unsafe. Ok, that’s bit whimsical and the manufacturer’s defense might argue that you shouldn’t have been looking at the pretty girl on the street corner. (For the guys, of course) However, if you are on the freeway and traffic suddenly begins to slow, and you hit the brakes and your foot goes to the floor, this is impaired safety. The same could be said of constant SRS (Safety Restraint System) problems. When the warning light comes on and the folks at the dealership tell you nothing is wrong and all they do is reset the computer, and you take it back for the same problem over and over, do you quit believing the warning? I don’t think so.

to ensure the development for the financial purpose of these leisured times

Build Dates :  September 30, 2004
NHTSA CAMPAIGN ID Number : 04V593000

Date Owner’s Notified: 20050517
Date Received by ODI: 20041215
Date Added to Databse: 20041220

Manufacturer’s Involved: PORSCHE CARS NORTH AMERICA, INC.
Manufacturer’s Responsible for the Recall: PORSCHE CARS NORTH AMERICA, INC.
Manufacturer Campaign Number: A506

Component: SEAT BELTS
Potential Number Of Units Affected : 31000

Summary:
Certain passenger cars fail to comply with the requirements of federal motor vehicle safety standard no. 208, “occupant crash protection.” all three rear seat positions and the front passenger position are equipped with seat belt retractors that have a locking feature which converts the retractor from an emergency locking retractor (elr) mode to an automatic locking retractor (alr) mode for the purposes of child restraint installation. The belt may deactivate the alr mode with certain child restraints.

Consequence:
When involved in a crash, the child restraints may not be properly secured increasing the risk of injury or death to the seat occupant.

Remedy:
Dealers will permanently install a clip in either of the affected rear outboard seat belts and provide an owner’s manual insert. The clips will prevent unwarranted conversion from alr to elr mode with child seat installation. The recall began May 17, 2005. Owners should contact Porsche at 1-800-545-8039.

The automobile manufacturer is under obligation, if there are too many attempts to repair or if the vehicle is in the repair shop for a very long time, to either repurchase or replace the defective vehicle. There is no set number of repair attempts. Vehicle manufacturers are obligated to repair defects and are allowed a “reasonable” opportunity to do so. What is a “reasonable” number of attempts depends on the nature of the defect. If a defect is serious enough a “reasonable” number may be fewer than four, but more than one. Unfortunately, even though this CA Lemon Law exists, many manufacturers/dealerships will ignore all or part of this law. As a result, many consumers are forced to seek out the services of a California Lemon Law Attorney to prosecute the client’s potential lemon law claim effectively and in a timely manner.

Build Dates : January 18,  2008

NHTSA CAMPAIGN ID Number : 08V076000

Date Owner’s Notified: 20080215
Date Received by ODI: 20080220
Date Added to Databse: 20080220

Manufacturer’s Involved: PORSCHE CARS NORTH AMERICA, INC.
Manufacturer’s Responsible for the Recall: PORSCHE CARS NORTH AMERICA, INC.
Manufacturer Campaign Number: A803

Component: FUEL SYSTEM, GASOLINE:DELIVERY:HOSES, LINES/PIPING, AND FITTINGS
Potential Number Of Units Affected : 5573

Summary: 

Porsche is recalling 5,573 my 2008 Cayenne V6 vehicles. A fuel line in the plenum panel area may contact the rear engine compartment cover. Relative movements of the engine while driving may cause knocking noises and chafing on the fuel line. A fuel leak may develop.

Consequence: 

Fuel leakage in the presence of an ignition source could result in a fire.

Remedy: 

Dealers will reroute the fuel line and install an additional spacer ring free of charge. The recall began on february 15, 2008. Owners may contact porsche at 1-800-767-7243.

This California Law which is also known as the Song-Beverly Warranty Act as well as the Motor Vehicle Warranty Rights Act has given new strength to the vehicle purchaser against the powerful auto manufacturers. What it basically says is this: if a vehicle is purchased and it turns out to be defective and it cannot be fixed after a reasonable number of attempts, then the vehicle may qualify as a lemon. If your vehicle does qualify, then you have every right under this law, to ask for your money back and/or a replacement vehicle.

What is very important for the California consumer to know is that this lemon law doesn’t just cover new cars but used and leased vehicles as well as long as they are still under warranty. And remember that this law doesn’t just cover automobiles but also trucks, SUVs, RVs, motor homes, motorcycles and even boats.

Basically a consumer should seek legal action when: there is a true manufacturing defect, after the vehicle has been tried to be repaired and cannot be and/or the defect is found within the 18 months of 18,000 (whichever is earlier).

The first thing you should do is to contact the manufacturer by written complaint which will serve as a formal notice. Makes sure you send it certified with return receipt so that you know they got it and you have proof from the U.S. Postal Service. Also, when you take the vehicle for repairs, take it to the dealership where you purchased the vehicle. If that’s not possible, then take it to an authorized service center.

Finally make sure that you keep all receipts. Also, locate your original documents and then find yourself a good attorney that specializes in the California Lemon Law.

Build Dates : October 01, 2003 - March 31, 2004
NHTSA CAMPAIGN ID Number : 05V157000

Date Owner’s Notified: 20050504
Date Received by ODI: 20050420
Date Added to Databse: 20050420

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 05014

Component: ELECTRICAL SYSTEM:IGNITION
Potential Number Of Units Affected : 34186

Summary: 

On certain sport utility vehicles, contamination on ignition relay contacts can cause high resistance. This can affect signals to the powertrain control module and, could cause intermittent vehicle stalls at any time.

Consequence: 

The vehicle cannot be restarted immediately. If this were to occur, it could result in a vehicle crash.

Remedy: 

Dealers will replace the ignition relay free of charge. The recall began on May 4, 2005. 

A lot of dishonest dealers routinely cheat consumers, but clear consumer rights are in place to protect vehicle buyers. Here’s a brief overview of your rights as a California vehicle buyer or lessee under the California Vehicle Buyer’s Bill of Rights.

o You have the right to a vehicle whose odometer is accurate or written disclosure that it is not.

o You have a right to disclosure of prior material damages to a vehicle - e.g., you must be told if a vehicle has been in a major accident. If you ask about prior accidents, moreover, you have a right to a truthful response.

o You have a right to be told if the vehicle is a prior rental vehicle. This information must be physically posted on the vehicle at the time of sale.

o You have a right to receive proper disclosures in a sale contract under truth-in-lending laws. This includes disclosure of negative equity in your trade-in vehicle, proper disclosure of deferred down payments and proper itemization of extras and add-ons that are part of the deal.

o You have a right to review, sign and receive a copy of a “Buyer’s Guide” on all used cars. The Buyer’s Guide must be affixed to the vehicle at the time of the sale.

o You have a right to truthful price and payment quotes by sales representatives. Often dealers will quote a higher monthly payment than the deal calls for and then “pack” in highly profitable extras, which are represented as “free” or “discounted.”

o You have a right to copies of all documents that you sign during the deal, including your credit application.

o You have a right to personally sign all documents.

o If you negotiate a transaction primarily in Spanish, Chinese, Vietnamese, Tagalog and Korean, you have a right to a translation of the sale or lease contract and the “Buyer’s Guide” in the language in which it was negotiated.

o You have a right to have all your agreements regarding price, payments, rights, and remedies set forth in a single document (the sales contract).

o You have a right to proper disclosure if the vehicle has been previously repurchased as a “lemon,” including accurate disclosure of any prior problems with the vehicle.

o You have right to have a clear disclosure in the sales contract whether the vehicle is new or used. If a vehicle has been driven by a dealer as a “demo” model or has been previously bought and returned, it must be disclosed as used.

o Simply put, you have a right to a contract that is dated correctly.