Lemon Law for California

Build Dates : August 01, 2006

NHTSA CAMPAIGN ID Number : 07V554000

Date Owner’s Notified: 20080107
Date Received by ODI: 20071207
Date Added to Databse: 20071207

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

Component: POWER TRAIN:AUTOMATIC TRANSMISSION:LEVER AND LINKAGE:COLUMN SHIFT
Potential Number Of Units Affected : 40424

Summary:

Certain vehicles equipped with automatic transmissions fail to comply with the requirements of federal motor vehicle safety standard no. 114, ‘theft protection. ‘ The automatic transmission selector lever “park” lock function may be inoperative due to a sticking shift lock arm. The shift lever may be able to be shifted out of “park” with the key removed and without depressing the brake pedal.

Consequence:

This can give rise to increased incidents of crashes resulting from the rollaway of parked vehicles as a result of inadvertently moving the shift lever from the “park” position when the parking brake is not fully engaged.

Remedy:

Dealers will replace the shift lock module free of charge. The recall began on January 7, 2008.

CA Lemon Law allows buyers and renters of both new and used vehicles to demand for full refund or replacement when the vehicles are declared ‘Lemons‘ - faulty and unfit for use. However, this declaration calls for the following proof:

- This is a manufacturing defect which is certainly not a result of mishandling.
- The vehicle has been repaired at least four times and still the defect persists. (In case of serious defects that can lead to injuries and death, the number of repair attempts has been lowered to two repairs).
- The defect is detected but is not set right within the period of 18 months or 18,000 miles (whichever is earlier).
What The Consumers Need To Do?
The CA Lemon Law, indeed, protects the rights and interests of consumers. The customers, however, need to attend specific requirements like:
- Abide by the instructions in the User’s Manual while driving or handling the vehicle.
- Take the vehicle only to service centers that are authorized  for all repair-works and servicing.
- CA Lemon Law only identifies a written complaint sent to the manufacturer as a formal legal notice. For additional safety, you can send the complaint through certified mail.
- All the vehicle documents, all repair records, technical reports, etc. should be kept handy because lodging a complaint or filing a case calls for accurate proof.
Unless and until you fulfill all the above requirements, you will not be able to enjoy the benefits and protection offered by the California Lemon Law.

Toyota is recalling 96,000 Toyota and Scion-brand vehicles in the U.S. due to a possible brake malfunction.The recall affects 2009 and 2010 Toyota Corolla and Corolla Matrix vehicles and some 2008 and 2009 Scion XD vehicles. The problem is that condensed moisture may seep into the brake system and freeze in low temperatures, potentially causing ice accumulation weakening the power-assist to the brakes.

The recall, done in combination with the NHTSA, affects certain 2009 and 2010 model year Toyota Corolla and Corolla Matrix and 2008 and 2009 Scion xD vehicles equipped with 1.8 liter engines and sold in 19 U.S. states.
According to a TMS statement Toyota has determined that if the vehicle is operated in extremely low ambient temperatures, there is a possibility that condensed moisture from the positive crankcase ventilation port may seep into the brake system vacuum port and freeze.

Since the condition is only obvious in extremely low ambient temperatures, vehicle owners from 19 affected states (Alaska, Colorado, Idaho, Illinois, Iowa, Kansas, Maine, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New York, North Dakota, South Dakota, Vermont, Wisconsin and Wyoming) will begin receiving safety recall notifications, via first class mail, in early September.
Toyota dealers will, at no charge, install a newly designed intake air connector which relocates the brake system vacuum port. No other Lexus, Toyota, or Scion vehicles are involved.

Build Dates : March 01, 2006 - 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.

The CA Lemon Law, also known as Motor Vehicle Warranty Rights Act, states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement. The Lemon Law keeps the manufacturer liable for all the defects and problems in a Lemon Vehicle. Once the flaws are taken into consideration by the manufacturer, the manufacturer is bound to do the repair-works. In case the manufacturer fails to set the problem right even after some genuine attempts, the company must either replace the defective vehicle or refund the consumer’s money.

The Law also gives the customer power to file a Lemon Lawsuit in any Court of Law if a manufacturer denies to comply with the repair / refund / replacement plea even after the snags in the automobile are detected and proved. Refund for expenses additionally incurred on various heads like repairing charges, rental vehicle charges and even your lawyer’s fees are secured under the California Lemon Law.

The same set of laws is also usable for leased vehicles.

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.

Some manufacturers and dealers have been telling consumers of leased vehicles that they do not have the same “lemon law” rights when they lease cars. This is not accurate. Lease does have influence upon a consumer’s lemon law rights, but the consumer yet retains substantially the same lemon law rights as purchasers of vehicles. Here are the points you need to know:

1. In a lease, you really do not have any equity in the car so your damages are usually limited to your inception payment and your payments into the vehicle. If the dealer  or manufacturer  accepts to unwind the lease, you need to make sure that the lease is being paid off in the settlement so this does not remain an obligation which ultimately could affect your credit.

2. In general, if you wait until late into the lease to bring your lemon law claim, the manufacturers will more than likely ignore you on the basis that your lease is substantially used up. So, for instance, if you have a three year lease and you bring your lemon law claim after 18 months, you stand a far greater chance of getting a good result than if you wait until 28 months into the lease.

3. A Lot of manufacturers dispute for a larger “mileage offset” for leases, because, they claim, the mileage on the vehicle is a greater percentage of the more limited period of the lease as opposed to the longer period of “permanent ownership” in the event of a sale.

4. Many leases include a “residual value” (agreed upon value upon lease expiration, most frequently used to calculate the cost of purchasing the vehicle) as a part of the lease. If the residual value is less than the total lease payoff, some manufacturers try to “sucker” consumers into believing that the manufacturer is only responsible for paying the residual value, not the lease pay off, when the case settles. Ignore this crap. If you win your lemon law claim, you have a right to have your lease completely paid off. Depending on the circumstances settlements may or may not accomplish complete payoff of the lease, but this is no reason to buy into this poor argument from manufacturers that the residual value has anything to do with settling the case.

5. It is up to you whether you buy the car at lease expiration, and you can continue with your lemon law claim on a leased vehicle even if the lease is expired and you have had to turn in your car. However, since you no longer have the car, the case is obviously worth less total money and it usually makes more sense to settle for some cash compensation once the vehicle’s lease has expired.

6. In case your your mileage allotment is significantly exceeded, this will negatively affect the strength of your lemon law claim. As with all lemon law cases, if you can afford to limit your driving of the vehicle, or even park it, this will improve chances of winning and of getting full compensation.

7. If you have a finance fraud claim or a lease fraud, this normally is not treated as a lemon law claim and involves a whole different set of rights about which you should consult us directly.

The “Cash for Clunkers” bill generated such great interest in its first six days that it quickly burned through all of its funding and caught legislators off guard. Its purpose is to get rid of old automobiles that pollute the environment with detrimental chemicals. When the CARS (Car Allowance Rebate System) program, run by the National Highway Traffic Safety Administration (NHTSA), was introduced, it was difficult to know the results. There’s only one discount per person, but family members can cash in with separate clunkers. The program lets the current car owner to acquire $3,500 to $4,500 coupon for swapping in their clunker car for a brand new fuel-efficient vehicle. The current car of the owner should obtain less than 18 miles each gallon when it comes to fuel efficiency in order to qualify.

The fact that the program is still in high demand is not surprising at all. The extreme demand of car buyers and the wish to re-establish income to the auto industry during this setback has in fact resulted in car sales increase . SUVs  and Trucks  have separate rules. For light SUVs, trucks and minivans, the improved MPG must be 2 for a $3500 credit, and for an improvement of 5 MPG, you’ll get a $4500 credit. The new, qualified truck or SUV must have at least 18 MPG.

The NHTSA (the organization which is responsible for the CARS program) is required to take care of any fraud claims reported by the consumers regarding the rebate program. No pre-registration is needed to take advantage of the CARS program. You can call any new car dealer and discuss buying a new car.

Build Dates : January 24, 2006 - January 26, 2006

NHTSA CAMPAIGN ID Number : 06V046000

Date Owner’s Notified: 20060227
Date Received by ODI: 20060213
Date Added to Databse: 20060214

Manufacturer’s Involved: NISSAN NORTH AMERICA, INC.
Manufacturer’s Responsible for the Recall: NISSAN NORTH AMERICA, INC.
Manufacturer Campaign Number: PB016

Component: SUSPENSION:REAR
Potential Number Of Units Affected : 759

Summary:

On certain vehicles, the rear subframe may have been manufactured incorrectly, which could result in a crack in a bracket which holds part of the rear suspension.

Consequence:

If the bracket is cracked, the stability of the vehicle may be affected under severe driving conditions. This could lead to a loss of control of the vehicle which could result in a crash.

Remedy:

Dealers will inspect the rear subframe to determine if it was manufactured incorrectly and replace it, if necessary. The recall began on February 27, 2006.

A manufacturer or dealer will try to give you the run around if you have problems with the car you bought from them. This is the case for many people across many states in the country. For the people living in the state of Georgia, good news in this time of recession has just arrived in the form of the strengthening of that state’s lemon laws. One of the biggest changes is the time frame in which the law applies: going from one year or 12,000 miles to two years or 24,000 miles. Larger vehicles are also encompassed by, which raises the weight limit from 10,000 to 12,000 pounds and now including the larger pickup trucks on the market.

Manufacturers and dealers can give a consumer an endless runaround with such vehicles, repairing items that do not actually fix the problem, telling him or her that there is nothing wrong or worse and that the problem is actually part of “how that vehicle runs.” This was the case for one person who bought an SUV and six months after the purchase, the vehicle began behaving dangerously. The car would virtually shut down while driving down the parkway. Neither the brakes nor accelerator would work. Trips for repairs to the dealer  did not correct the problem, and in fact it didn’t solve until she filed suit against the car manufacturer. Unless the consumer retains and contacts a lemon law attorney, this distractions can go on for years and sticks the consumer with a non-working vehicle. Lemon law attorneys are much experienced on cutting through all the distractions and getting the consumer the reimbursement and possible reward they are entitled to under the law.