Lemon Law for California

The “lemon law” in California is called the Song-Beverly Consumer Warranty Act, and it is found at California Civil Code Sections 1790 through 1797. Tt permits consumers (n general terms) to seek a replacement or a reimbursement of purchase price for major consumer products which are defective and which cannot be repaired within a reasonable number of repair attempts.

The Song-Beverly Act applies to defects constituting a substantial impairment to the use, value or safety of the vehicle to the owner or lessee. Thus, minor inconveniences normally do not make a lemon law claim. Serious problems with  transmission, brakes, engine function, inoperable air conditioning, persistent water leaking, to name a few, are examples of cases where juries have awarded damages to the plaintiff.

NHTSA CAMPAIGN ID Number : 05V566000

Date Owner’s Notified: 20060106
Date Received by ODI: 20051221
Date Added to Databse: 20051221

Manufacturer’s Involved: AMERICAN SUZUKI MOTOR CORP.
Manufacturer’s Responsible for the Recall: AMERICAN SUZUKI MOTOR CORP.
Manufacturer Campaign Number: 2085

Component: ELECTRICAL SYSTEM:IGNITION:SWITCH
Potential Number Of Units Affected : 23839

Summary:

On certain vehickles, the ignition switch wiring harness may have been improperly routed at the time of production. If the wiring harness is not routed properly, it can rub against the clutch cable/throttle cable.

Consequence:

Continued rubbing may eventually lead to a short circuit which may cause the engine to stall or the lights to go out. This will increase the chance of a crash resulting in serious injury or death.

Remedy:

Dealers will re-route the ignition switch wiring harness and replace the lock set including the ignition switch along with the clutch cable/throttle cable free of charge. The recall began on January 6, 2006.

The lemon law permits a consumer to seek replacement or reimbursement of purchase price of a vehicle (or major consumer product) if the manufacturer or dealer cannot repair a defect or defects within a reasonable number of repair attempts.

The manufacturer is entitled to an offset for use of a vehicle, but only up until the first time the consumer brings the vehicle back to the manufacturer for the un-repairable defect. Manufacturers often try to negotiate much larger offsets with consumers, but this actually violates the law. The law on offsets under Song-Beverly is as follows: the manufacturer is only entitled to an offset calculated by multiplying the purchase price times a fraction, having its numerator as the number of miles at the time of the consumer’s first repair attempt upon the un-repairable defect, and the denominator being 120,000, a figure chosen by the California legislature as representing the average life of a passenger car.

As an example, let’s say that John buys a car for $20,000.00. He has major brake problems for which he seeks repairs at 1,000 miles, 5,000 miles, 10,000 miles and 20,000 miles. The manufacturer, in negotiating with John, will often try to convince him that it is entitled to an offset for 20,000 miles of use. This is incorrect. The Song-Beverly offset calculates the offset at 1,000 miles, the number of miles for the first repair attempt. Civil Code Section 1793.2 (d) (2) (C). In John’s case, the $20,000.00 purchase price is multiplied by 1,000 over 120,000, or 1/120th, and the offset is about $167.00 dollars. Thus, John properly claims in settlement of his claim $19,833.00.

Build Dates : April 20, 2004 - October 21, 2005

NHTSA CAMPAIGN ID Number : 06V008000

Date Owner’s Notified: 20060124
Date Received by ODI: 20060112
Date Added to Databse: 20060113

Manufacturer’s Involved: PORSCHE CARS NORTH AMERICA, INC.
Manufacturer’s Responsible for the Recall: PORSCHE CARS NORTH AMERICA, INC.
Manufacturer Campaign Number: A601/A602

Component: ENGINE AND ENGINE COOLING:EXHAUST SYSTEM
Potential Number Of Units Affected : 5094

Summary:

Certain 2 door coupe and convertible vehicles may have been supplied with a tailpipe that may have been produced with a weld located between the fastening clip and exhaust pipe, which is inadequately dimensioned. Also included are certain accessory exhaust pipes installed by dealers.

Consequence:

If the weld completely fails, the exhaust pipe can detach from the vehicle, which could startle the driver resulting in a crash.

Remedy:

Dealers will install a new tailpipe with a longer seam weld free of charge. The recall began on January 24, 2006.

Federal consumer warranty law and California Lemon Law protect people who buy or lease an automobile and experience problems during the warranty period. These laws offer the following remedies:

• The manufacturer repurchases the car from you.

• The manufacturer replaces your car.

• You can receive a cash settlement including repair supervised by the manufacturer’s representative.

Manufacturers and dealers will try to give you the runaround. They may ask your insurance to cover the issue or try to blame outside causes so that they do not have to pay you back.

Get the Relief You Need, Now

The process is not as complicated as you might think. People sometimes do not think towards getting the justice because they think it will be a hassle. At our firm, our job is to solve all your problems and find. When you come to us, we will do our best to get you satisfied.

Build Dates : May 25, 2006 - July 20, 2006

NHTSA CAMPAIGN ID Number : 06V402000

Date Owner’s Notified: 20061218
Date Received by ODI: 20061023
Date Added to Databse: 20061023

Manufacturer’s Involved: NISSAN NORTH AMERICA, INC.
Manufacturer’s Responsible for the Recall: NISSAN NORTH AMERICA, INC.
Manufacturer Campaign Number: PB026

Component: STEERING:COLUMN LOCKING:ANTI-THEFT DEVICE
Potential Number Of Units Affected : 9506

Summary:

Certain passenger vehicles equipped with an ‘intelligent key’ fail to conform to the requirements of federal motor vehicle safety standard no. 114, theft protection. During an inspection of some vehicles at the assembly plant, it was found that the steering wheel was locked with the ignition knob in the “off” position but the vehicle transmission not being in the “park” position.

Consequence:

If the key is turned to the “off” position without the transmission being in the “park” position, it is possible that the steering wheel can lock when turned to the right.

Remedy:

Dealers will inspect and replace the steering wheel lock assembly free of charge. The recall began on December 18, 2006.

A “lemon” is a vehicle which has a defect or combination of defects which cannot be or are not repaired within a reasonable time period or in a reasonable number of repair attempts. These defects can range from the transmission or engine to mechanical repairs or issues with a car’s navigation system or windshield wipers.

Lemon vehicles include both safety- and non-safety-related issues. Problems related to safety include issues with:

• Airbags

• Steering and alignment

• Transmission - sudden lack of slipping, acceleration, over-revving

• Stalling or shutting off

• Headlights

• Brakes

The problem, other times, is not related to safety, such as a transmission noises, grinding and clunking; electrical problems with the radio, locks, windows or air conditioning; or cosmetic issues, such as defects in car molding. Contact us in case you have any of these problems during the warranty period of your vehicle.

Build Dates : July 01, 2008 - March 09, 2009

NHTSA CAMPAIGN ID Number : 09V076000

Date Owner’s Notified: 20090501
Date Received by ODI: 20090310
Date Added to Databse: 20090310

Manufacturer’s Involved: MERCEDES-BENZ USA, LLC.
Manufacturer’s Responsible for the Recall: MERCEDES-BENZ USA, LLC.
Manufacturer Campaign Number: 2009030003

Component: EXTERIOR LIGHTING:TAIL LIGHTS
Potential Number Of Units Affected : 16130

Summary:

Mercedes Benz is recalling 16,130 my 2009 M-class w164 passenger vehicles equipped with the optional power lift gate. As a result of a faulty seal around the rear tail lamp assembly, water may enter the rear compartment containing the spare tire. Water contamination of the control unit for the power lift gate can result in disabling of the power lift gate motor.

Consequence:

Water will cause a short circuit which could lead to a fire.

Remedy:

Dealers will replace the seal of the rear tail lamp assembly with a thicker one and reposition the affected power lift gate control unit inside the chassis. This service will be performed free of charge. The recall is expected to begin during april 2009.

Legal presumptions can be challenged and perhaps proven not to be true. In case the manufacturer proves that it has not had a reasonable opportunity to repair your car, you may not be entitled to a refund or a replacement vehicle. For example, in case the manufacturer proves that you abused the car, damaged it in an accident or made an alteration to the vehicle that voided the warranty, the Lemon Law may not help you.

If you don’t plan to use the Lemon Law presumption or if the manufacturer does not offer a certified arbitration program, you can file a lawsuit. Most lemon lawsuits are settled promptly in California, with consumers receiving a refund and reimbursement for their attorney’s fees.

If you plan to use the Lemon Law “presumption” guidelines as proof in your case and the manufacturer offers a certified arbitration program, you must use the arbitration program before you can pursue your Lemon Law rights in the courts. You cannot lose your right of going to court if you were not given written notice of the availability of the arbitration program. You may not be charged a fee for arbitration.

Auto Recalls : August 29, 2005 - October 17, 2005

NHTSA CAMPAIGN ID Number : 05V525000

Date Owner’s Notified: 20051128
Date Received by ODI: 20051117
Date Added to Databse: 20051117

Manufacturer’s Involved: MAZDA NORTH AMERICAN OPERATIONS
Manufacturer’s Responsible for the Recall: MAZDA MOTOR CORP
Manufacturer Campaign Number: 3705K

Component: VISIBILITY:WINDSHIELD WIPER/WASHER:MOTOR
Potential Number Of Units Affected : 3982

Summary:

On certain trucks and sport utility vehicles, the windshield wiper motor may have been produced without grease applied to the output shaft gear.

Consequence:

After a period of continuous use on the high speed setting, lack of grease on the output shaft gear may cause the gear teeth to distort or fracture during operation resulting in the loss of wiper function. Inoperative wipers under inclement weather conditions could cause a crash due to impaired visibility.

Remedy:

Dealers will inspect the wiper motor for the presence of grease and grease the wiper motor gears if necessary. The recall began on November 28, 2005.