Lemon Law for California

Build Dates : January 01, 2004 - July 23, 2005
NHTSA CAMPAIGN ID Number : 05V405000

Date Owner’s Notified:
Date Received by ODI: 20050913
Date Added to Databse: 20050916

Manufacturer’s Involved: OPTIMA BUS CORP
Manufacturer’s Responsible for the Recall: OPTIMA BUS CORP
Manufacturer Campaign Number: SAF05009

Component: FUEL SYSTEM, OTHER:DELIVERY:FUEL PUMP
Potential Number Of Units Affected : 167

Summary: 

On certain transit vehicles and trolleys equipped with cummins ISB-02 diesel engines built with EMC controlled fuel lift pumps. Erratic voltage supply to the fuel lift pump causes premature electric brush wear internal to the fuel lift pump. This premature wear could result in fuel lift pump failure and in some cases may cause an engine stall condition.

Consequence: 

Should the engine stall, a vehicle crash could occur.

Remedy: 

Cummins, in conjunction with optima bus, will notify owners and repair the engines by emc recalibration and replacement of the fuel lift pump at no charge to the customer. 

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.

When the flaws and/or malfunctioning area is brought to the attention of the dealership and manufacturer (which is what you do), then they are bound by law to repair that area that is not working correctly and is covered under your vehicle warranty. Again, after at least 4 attempts, if the vehicle cannot be fixed to your satisfaction, then you have a right to go after them. And if the vehicle’s flaw can cause bodily injury or even death, then it’s on a case by case basis how many times you have to bring it in for repairs. Many people in this situation only had to bring it to the dealership for repair one time and then they qualified because of the seriousness of the defect.

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 : April 03, 2007 - May 02, 2007
NHTSA CAMPAIGN ID Number : 07V449000

Date Owner’s Notified: 20071101
Date Received by ODI: 20070925
Date Added to Databse: 20070925

Manufacturer’s Involved: NISSAN NORTH AMERICA, INC.
Manufacturer’s Responsible for the Recall: NISSAN NORTH AMERICA, INC.
Manufacturer Campaign Number: PB047

Component: SEAT BELTS:REAR
Potential Number Of Units Affected : 3564

Summary: 

Certain sport utility vehicles fail to comply with the requirements of federal motor vehicle safety standard no. 210, ’seat belt assembly anchorages.’ the driver’s side third row seat belt upper anchor bracket may be cracked.

Consequence: 

In the event of a crash, a seat occupant may not be properly restrained increasing the risk of personal injury.

Remedy: 

Dealers will replace the seat belt bracket free of charge. The recall began on November 1, 2007.

Dealers must provide an itemized price list for items such as warranties and insurance, etc., if the items are being financed.

Dealer compensation from an institution financing the purchase of a vehicle is limited to no more than 2 percent for a loan term over 60 months and 2.5 percent for a loan term of 60 months or less.

Dealers must provide buyers with their credit score and an explanation of how it is used.

The California DMV web site provides updated information on what is and what is not acceptable when buying a new or used car:

A used car buyer may obtain a two-day sales contract cancellation option.

Used cars advertised as “certified” must meet specific requirements.

Used car buyers may purchase a two-day sales contract cancellation option.

There is no “cooling off” period unless you obtain a contract cancellation option. Consumers who purchase a used car for less than $40,000 must be given an opportunity to purchase a two-day Contract Cancellation Option Agreement.

Important: The contract cancellation option does not apply to used cars priced at $40,000 or more, new cars, private party sales, motorcycles, off-road vehicles, recreational vehicles, or vehicles sold for business or commercial use.

Build Dates : October 07, 2008 - October 09, 2008
NHTSA CAMPAIGN ID Number : 09V006000

Date Owner’s Notified: 20090112
Date Received by ODI: 20090109
Date Added to Databse: 20090109

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

Component: STRUCTURE:BODY:DOOR
Potential Number Of Units Affected : 225

Summary: 

Nissan is recalling 225 my 2009 Altima vehicles for failing to comply with the requirements of federal motor vehicle safety standard no. 214, “side impact protection.” These vehicles may have been manufactured with an out-of-specification weld on the door assembly.

Consequence: 

This does not meet the standard requirements.

Remedy: 

All the affected vehicles have been brought back from the dealerships and remedied at the factory. No vehicles had been retailed.

California’s automobile lemon law is best known for its new-car protections. But there are parts that apply to used autos.

For example, a new vehicle returned to a dealer because it is a lemon can be sold as a used vehicle. But the buyer must be given a written notice that it’s a “lemon law buyback.”

The notice has to list the vehicle’s problems and the work done on it. And the dealer must provide a one-year warranty against these problems.

No fair putting this information in extra-small print. The law specifies it must appear on a white sheet of paper in black type that is at least 10 points in size.

The law further requires that the “lemon car buyback” designation follow the vehicle through all future transfers of ownership.

Think of it as the “scarlet letter” for vehicles.

Build Dates : June 01, 1997 - February 28, 2004
NHTSA CAMPAIGN ID Number : 04V428000

Date Owner’s Notified:
Date Received by ODI: 20040901
Date Added to Databse: 20040903

Manufacturer’s Involved: MITSUBISHI CARIBBEAN
Manufacturer’s Responsible for the Recall: MITSUBISHI CARIBBEAN
Manufacturer Campaign Number:

Component: EQUIPMENT:OTHER:LABELS
Potential Number Of Units Affected : 100432

Summary: 

Certain passenger vehicles fail to conform to the requirements of federal motor vehicle safety standard no. 208, ‘occupant crash protection.’ The bilingual english/spanish removable air bag warning labels affixed to the dash and to the sunvisor do not meet the size requirements of the standard.

Consequence: 

This does not meet the requirements of the standard.

Remedy: 

Mitsubishi Caribbean will mail a customer notification letter containing a written description and a graphic of the bi-lingual dashboard air bag warning label. In addition, all current 2000-2004 nativa owners will also receive replacement air bag alert labels for the sun visors. This recall is expected to begin during March or April 2005. The notification to the nativa owners is expected to begin during April or May 2005. 

Federal law requires that every used vehicle offered by a dealer (in this case, anyone who sells more than five vehicles a year) must have a Buyers Guide posted inside.

It has to include:

* Whether the vehicle is sold “as is” or with a warranty.

* A declaration of what percentage of repair costs a dealer will pay if there is a warranty.

* A reminder that spoken promises are difficult to enforce.

The Buyers Guide becomes part of the sales contract and should reflect any negotiated changes. In case of a conflict, it rules.

An example given on the Federal Trade Commission site: “If the Buyers Guide says the car comes with a warranty and the contract says the car is sold ‘as is,’ the dealer must give you the warranty described in the guide.”

Build Dates : May 01, 2006 - October 31, 2007

NHTSA CAMPAIGN ID Number : 08V006000

Date Owner’s Notified: 20080204
Date Received by ODI: 20080109
Date Added to Databse: 20080109

Manufacturer’s Involved: MERCEDES-BENZ USA, LLC.
Manufacturer’s Responsible for the Recall: MERCEDES-BENZ USA, LLC.
Manufacturer Campaign Number: 2008010005

Component: ENGINE AND ENGINE COOLING:ENGINE:DIESEL
Potential Number Of Units Affected : 9004

Summary: 

On certain passenger vehicles equipped with diesel engines, the crankshaft sensor could fail due to separation of bond wires from the lead frame in the sensor. This results in an interruption in the electrical connection in the chip housing of the sensor.

Consequence: 

When this happens, the vehicle may lose power rather than enter a limp-home mode. In addition, the vehicle cannot be restarted after failure of the electrical connection in the sensor, increasing the risk of a crash.

Remedy: 

Dealers will replace the crankshaft sensor. The recall began on February 4, 2008. 

The opportunity to return a used car, even after signing the papers and driving it off the lot, can be a great relief, especially if you buy “as is” and didn’t have the vehicle inspected by a mechanic before purchase.

This choice gives you time to get the vehicle properly checked. And there is a certain comfort in knowing you can return a car if you’re hit with a major case of buyer’s remorse. But you have to pay for the privilege.

The fee to buy a return option usually depends on the price of the car. Under the lemon law, a dealer can charge a maximum of $75 if the price of the car is $5,000 or less. On the upper end, the fee can be as much as $400 on a $40,000 used car.Over $40,000 and you’re on your own — dealers aren’t obligated to offer a return option on a vehicle above that price.

The option fee isn’t returnable. Think of it as similar to buying insurance in Las Vegas if you think the dealer might have blackjack.To get your refund — which includes registration costs, taxes and other purchase fees — the auto must be returned within two days unless the dealer agrees in writing to extend the option period.

Also, it can’t have been driven more than 250 miles, and it has to be in the same condition in which it left the dealership, minus two days of normal wear and tear.The dealer can charge a restocking fee, but only up to a set limit. For example, the restock fee for a vehicle priced less than $5,000 can be no higher than $175, and the option fee is deducted from that.

Those fees are not to be sneezed at, but they’re better than being stuck with a lemon.The option law applies only to used cars, pickup trucks and SUVs bought from dealers. Motorcycles, off-road vehicles and RVs aren’t included.