Lemon Law for California

NHTSA CAMPAIGN ID Number : 09V048000

Date Owner’s Notified: 20090209
Date Received by ODI: 20090206
Date Added to Databse: 20090205

Manufacturer’s Involved: FERRARI NORTH AMERICA INC
Manufacturer’s Responsible for the Recall: FERRARI NORTH AMERICA INC
Manufacturer Campaign Number: 49

Component: ENGINE AND ENGINE COOLING:ENGINE
Potential Number Of Units Affected : 1950

Summary:

Ferrari is recalling 1,950 my 2005-2007 F40 spider vehicles. The vehicle defect involves the hydraulic hoses for the convertible top that are located inside of the engine compartment. The heat from the engine may cause hair-line cracks to form in the hoses which may result in fluid leakage from the convertible top hydraulic system.

Consequence:

This leakage in turn, will cause the convertible top warning light to illuminate and if not remedied, could ultimately leak fluid into the engine compartment causing smoke and a fire, rendering the vehicle inoperable and possibly resulting in a crash.

Remedy:

Dealers will install protective heat shields over the convertible top hydraulic lines to insulate them from the heat of the engine compartment. This service will be performed free of charge. The recall began on February 9, 2009.

You have bought a new car or a new motor home. As you drive it back to your place, you begin to hear strange, mechanical noises. You know that something is very wrong by the time you pull into your driveway. You fear that you might have bought a lemon. What do you do?

Whether purchasing a new  boat, car, or motorcycle, you have rights under the California Lemon Law. We have several suggestions as you pursue your rights.

First, contact the manufacturer to file a formal complaint. This allows them  to rectify the situation properly. If you send a letter you create a paper trail that will be important if they are unable or unwilling to resolve your concern. In your communication be certain to mention that this is required under California’s Lemon Law.

It is important to have notes of all the communication taking place between you and the manufacturer of the product. Record the name of the person with whom you spoke, where they were located, when the communication took place, and what was discussed. You will have all information in one place, as we recommend keeping a single file on the topic.

Lastly, do not sign a release until you have consulted a lemon law and consumer protection lawyer. Do not accept low offers for refund or repurchase, as you are entitled to the full value of the product.

Build Dates : September 01, 1997 - April 27, 2002

NHTSA CAMPAIGN ID Number : 03V035000

Date Owner’s Notified: 20030423
Date Received by ODI: 20030205
Date Added to Databse: 20030212

Manufacturer’s Involved: DAIMLERCHRYSLER CORPORATION
Manufacturer’s Responsible for the Recall: CHRYSLER LLC
Manufacturer Campaign Number: C04

Component: SEATS:FRONT ASSEMBLY:RECLINER
Potential Number Of Units Affected : 1066000

Summary:

On certain passenger vehicles, seat back recliner bolt breakage can occur resulting in the seat back reclining unexpectedly.

Consequence:

If the seat back unexpectedly reclines while the car is being driven, it could result in loss of vehicle control, increasing the risk of a crash.

Remedy:

Dealers will replace the recliner bolts. Owner notification began on April 23, 2003.

Magnuson-Moss Warranty Act 15 USCS 2304(a)(4)

If the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part.

As a consumer, you are protected in several ways. Though the CA Lemon Law gives strong protection, it may not apply in all cases. For example, you may have purchased a car or motor home in California and had it delivered in Nevada or another state to save you from tax implications. Such purchases may not be protection eligible under the state law. This is where the Magnuson-Moss Warranty Act starts to act. It is a federal statute offering protection regardless of where the purchase was made in the United States. We can help you get the federal protection to which you are entitled.

We have dedicated our legal careers to consumer protection, and for many years, we have stood beside our clients to get them the results they are entitled to under the Magnuson-Moss Warranty Act. At the Law Offices of Hovanes Margarian, we are willing to pursue your case as far as necessary to get you due compensation, and are not interested in stopping at the first minimal settlement offered. We will be near you from settlement negotiations to trial.

The Magnuson-Moss Warranty Act provides consumers with specific rights, provided the manufacturer issued an express warranty with the product. Under the Act, the express warranty should fully disclose, using relatively simple and comprehensible language, all of the terms, and conditions of the warranty. Its overriding goal is protecting the consumer from ambiguous warranty language, while forcing manufacturers to honor the terms of their express or written warranties.

Build Dates : July 01, 2005 - August 31, 2005

NHTSA CAMPAIGN ID Number : 05V455000

Date Owner’s Notified: 20051014
Date Received by ODI: 20051005
Date Added to Databse: 20051006

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 05086

Component: STEERING:HYDRAULIC POWER ASSIST:HOSE, PIPING, AND CONNECTIONS
Potential Number Of Units Affected : 123592

Summary:

Certain passenger vehicles may have been built with a power steering hose that is not to specification. Under extreme steering maneuvers, such as turning the steering wheel fully to the left or right while braking, the hose may fracture and leak fluid.

Consequence:

If this were to occur, power steering assist would be lost and increased steering effort would be required. On vehicles equipped with hydro-boost power brakes, it could also result in loss of power brake assist and increased braking effort would be required. If the power steering fluid spray were to spray onto hot engine parts, an engine compartment fire could occur.

Remedy:

Dealers will inspect the power steering hose(s) for two suspect date codes and replace them if required. The recall will begin on October 14, 2005.

California Lemon Law applies to more than just new cars. It can also apply to new or used motor homes, motorcycles, boats, trailers, and other such products sold with express warranties or service contracts. If you have bought something that does not function properly, you have rights as a consumer.

In many cases, contact with the manufacturer of the defective product will result in misinformation. For example, you may be told that, for the California Lemon Law to work on your behalf, you were required to complete a certain number of repair attempts within a very short amount of time. However, the actual statute does not require a specific number of repair attempts.

In fact, the Lemon Law, or Song-Beverly Consumer Warranty Act, requires an automobile manufacturer to promptly replace or repurchase a motor vehicle with a substantial problem that has not been repaired by the dealership to conform to the manufacturer’s express warranty after a reasonable number of repair attempts.

If the manufacturer or its representative in this state is unable to service or repair a new motor vehicle, as that term is defined in paragraph (2) of subdivision (e) of Section 1793.22, to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle in accordance with subparagraph (A) or promptly make restitution to the buyer in accordance with subparagraph (B). However, the buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle.

Build Dates : April 01, 2004 - August 31, 2004

NHTSA CAMPAIGN ID Number : 04V525000

Date Owner’s Notified: 20050118
Date Received by ODI: 20041103
Date Added to Databse: 20041103

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 04086

Component: SERVICE BRAKES, HYDRAULIC:FOUNDATION COMPONENTS:HOSES, LINES/PIPING, AND FITTINGS
Potential Number Of Units Affected : 5225

Summary:

Certain passenger vehicles were produced with one or both rear brake hydraulic lines that can come in contact with or be affected by heat from the left engine exhaust manifold and the left exhaust pipe. The brake fluid could reach elevated temperatures and boil.

Consequence:

If the brake fluid boils in a rear brake line, the effectiveness of the rear brake system would be reduced which could result in a brake line leak and loss of brake fluid. If enough fluid leaks from the rear brake system so that brake pedal application can no longer build pressure to the rear brakes. The operator of the vehicle will experience limited braking which could result in a crash.

Remedy:

Dealers will (1) inspect the left engine exhaust manifold clip for proper alignment and placement on the body-mounted stud. If incorrect, they will reposition the clip on the brake lines and reinstall the clip on the stud; (2) the dealer will verify that both rear brake lines have the proper clearance to the left exhaust pipe. They will reposition the lines by bending as necessary; (3) dealers will remove the machining tab from the rear differential housing. Also, dealers are to inspect the brake lines for wear in these related areas and repair or replace if there is any sign of wear-through on the nylon overcoating. The recall began on January 18, 2005.

If the defects with your vehicle do not meet the requirements of the Lemon Law, you may have claims under other state and federal laws that protect owners of new or used vehicles.

Magnuson-Moss Warranty Act Law Summary

The Magnuson-Moss Warranty act is a Federal Law that protects the buyer of any product which costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should.

Regarding “lemon cars“, this law greatly affects the rights of car buyers. For any product which has a written warranty if any part of the product, or the product itself is considered defective, the warrantor must permit the buyer the choice of either a refund or replacement of the product.

Uniform Commercial Code Summary

UCC/TARR -The Uniform Commercial Code or UCC has been enacted in all 50 states and some of the territories of the United States. It is the primary source of law in all contracts dealing with the sale of products. The TARR refers to Tender, Acceptance, Rejection, Revocation and applies to different aspects of the consumer’s “relationship” with the purchased goods.

Build Dates : January 05, 2006 - April 26, 2006

NHTSA CAMPAIGN ID Number : 06V277000

Date Owner’s Notified: 20060913
Date Received by ODI: 20060726
Date Added to Databse: 20060726

Manufacturer’s Involved: BMW OF NORTH AMERICA, LLC
Manufacturer’s Responsible for the Recall: BMW OF NORTH AMERICA, LLC
Manufacturer Campaign Number:

Component: SUSPENSION:REAR:SHOCK ABSORBER
Potential Number Of Units Affected : 11640

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 13, 2006.

An extended service contract, is a contract that promises repair or replacement of defective components or conditions in your vehicle. If the service contract company or dealership  refuses to repair your vehicle, you may bring a case for the breach of the service contract. In some rare cases, you may be entitled to a refund of the purchase price of your vehicle.

The law also provides certain requirements for service contracts: these contracts must contain a clear description of covered parts, a description of the length of coverage, a statement of the entity that is responsible under the service contract, a clear and conspicuous statement of any exclusions, a clear and conspicuous statement of any limitations as to service, a statement of whether preventative maintenance is included, a step-by-step explanation of the procedure the buyer should follow to obtain performance of the service contract, and an explanation of the steps that the service contract seller will take to fulfil its obligations, as well as several other items.