Lemon Law for California

CA Lemon Law is a collective term that represents various legal codes. These are broadly prescribed by the Civil Code Section 1790-1790.4 - (Song-Beverly Consumer Warranty Act) and Civil Code Section 1793.22 - (Tanner Consumer Protection Act), statutes by the California Attorney General’s Office and others.

Once an attorney has told you under which code your case falls under, you will need to gather the documentation for your vehicle’s defects. These documents should describe the problems with transmission, brakes, paint, engine, electrical fixtures, etc. in detail. You will also need a repair invoice history, a service record, the paperwork related to the original purchase of the vehicle (particularly the sales contract), the vehicle’s owner manual and the warranty covering it.

You will then have to fill out a questionnaire/interactive complaint form from the CA Motor Vehicle Warranty Rights Act department. After this is submitted and approved, you will receive a form that outlines eligibility parameters. If you have hired an attorney, most of the paperwork is processed by the law office.

To initiate the process of a claim under the California Lemon Law, your attorney will need to draft a demand letter to the manufacturer. This will inform the manufacturer that you are initiating a legal process for breach of express and/or implied warranty. A copy of this should be sent to the Consumer Affairs Department and/or Attorney General.

The forms that will eventually need to be filled may include the:

• Office of Consumer Protection Complaint Form

• Lemon Law Complaint Form

• Generic online complaint form (to be downloaded, filled out and submitted to initiate a claim under California Lemon Law.)

• Forms to outline the purchase and repair history of the vehicle, also downloadable.

All forms should also be available at the:

• New Motor Vehicle Board - www.nmvb.ca.gov

• Department of Consumer Affairs Bureau of Automotive Repair

• Department of Motor Vehicles Bureau of Investigations - www.dmv.ca.gov

• Local District Attorney’s Office

• Office of the Attorney General, Public Inquiry Unit - www.caag.state.ca.us

Build Dates : February 01, 2009 - April 30, 2009

NHTSA CAMPAIGN ID Number : 09V155000

Date Owner’s Notified: 2009-05-06
Date Received by ODI: 2009-05-06
Date Added to Database: 2009-05-06

Manufacturers Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 09121

Component: ELECTRICAL SYSTEM:BATTERY:CABLES

Potential Number Of Units Affected : 1243

Summary:

GM is recalling 1,243 my 2010 Chevrolet Camaro equipped with a V8 engine. The positive battery cable may contact the starter motor housing and cause wear on the cable insulation. If the insulation wears through to the cable, it could create a short.

Consequence:

A short could result in a no start condition, cause the vehicle to stall without the ability to restart, or result in an engine compartment fire.

Remedy:

Dealers will reroute the positive battery cable to ensure adequate clearance. The recall began on May 6, 2009.

The CA Lemon Law is for protecting buyers who purchased a new car that unfortunately turns out to be defective in some ways. These defective cars are known as lemon cars.

If you are the owner of an RV (recreational vehicle), you know how enjoyable it is to drive around with the comforts of home wherever you go. Whether you buy or lease the vehicle, you know how difficult it is to save up enough money to be able to afford an RV. So in case you are having some troubles with your car, you are covered under the lemon law that entitles you to demand compensation directly from the RV’s manufacturer and not from the dealer, entitles you to demand a replacement vehicle, or entitles you to a full-refund of your money.

The dealer or the manufacturer will sometimes try to persuade you that the problem is negligible and that you shouldn’t be concerned. This is often not the case, as small vehicles can always lead to larger nuisances for you in the future. Whether it is a large defect or a small defect, federal laws ensure that the manufacturer needs to deliver the intended services or product as promised or advertised. If these are not delivered, you, as a consumer, have every right to demand that they be met. Even if your car is not covered by the lemon law, you will still be able to file for a case on a breach of warranty agreement.

Build Dates : June 06, 2008 - September 30, 2008

NHTSA CAMPAIGN ID Number : 09V154000

Date Owner’s Notified: 2009-05-18
Date Received by ODI: 2009-05-06
Date Added to Database: 2009-05-06

Manufacturers Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 08411

Component: FUEL SYSTEM, GASOLINE
Potential Number Of Units Affected : 27188

Summary:

Gm Is Recalling 27,188 My 2009 Cadillac Escalade, Escalade Hybrid, Escalade Esv, and Escalade Ext; Chevrolet Avalanche, Suburban, Tahoe, Tahoe Hybrid, and Colorado; and Gmc Yukon, Yukon Hybrid, Yukon Xl, and Canyon Vehicles. The fuel system control modules may have a condition in which an adhesive separation of the room temperature vulcanizing (rtv) seal between the seal and the housing may allow water to seep into the module.

Consequence:

Water in the module could cause a short or open circuit, illumination of the service engine soon lamp, setting of diagnostic trouble codes or the engine may be hard to start, may not start or may stall increasing the risk of a crash.

Remedy:

Dealers will install a new fuel system control module free of charge. The recall began on May 18, 2009.

This law was originally created to protect buyers. A car is considered a “lemon” under the CA Lemon Law if it has been repaired four times and the defect or problem has not been resolved or fixed within the period of 18 months or 18,000 miles, whichever comes first.

Your newly bought vehicle is only considered a lemon if you have given proper attention to all of its problems, if all efforts to fix these problems have been exhausted, and if the manufacturer has been given the opportunity to try and fix the problem but cannot.

The descriptive term “lemon” applies equally to a defective or malfunctioning car as to a citrus fruit. The CA Lemon Law, basically holds the manufacturer of a car responsible for the proper and satisfactory functioning of the car while it is under its warranty period. This also assumes that the owner of the car exercised good judgment and care of everything that would logically be expected of the car owner.

Does the car warranty matter? Of course. The repair is covered under the extended or vehicle warranty, but it’s always in the shop. Arbitration, in many states, is used to solve problems when a car still under warranty turns out to be a lemon. If the vehicle is new, it should come with a warranty that includes a money-back option. This may be something to note to yourself next time you are shopping for a new car, since shopping for the right warranty is just as important as the car and the price you negotiate.

Before the warranty expires, you must report about the defect within a reasonable timeframe. Give the dealer a written report and keep a copy of it. If it malfunctions while under warranty, the manufacturer is held liable for repairs. Basically, CA Lemon Law, sometimes also known as Consumer Warranty Law, specifies that the manufacturer carry a high degree of responsibility for sold products.

Almost every state has passed a lemon law, a statute that exists to backup the manufacturer’s written warranty that comes with the vehicle. The degree of liability and responsibility varies widely from state to state, so make sure you know what the lemon law is in your state.

The bottom line is that you as the purchaser of the vehicle have responsibilities for proper maintenance of the vehicle, which hopefully you would do anyway. But assuming you have done that and still have what is termed a “chronic” problem with the vehicle, you have rights, and it is to your benefit to know what those rights are.

Build Dates : August 01, 2006 - August 31, 2006

NHTSA CAMPAIGN ID Number : 06V419000

Date Owner’s Notified: 20061113
Date Received by ODI: 20061031
Date Added to Databse: 20061101

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 06160

Component: FUEL SYSTEM, GASOLINE:STORAGE
Potential Number Of Units Affected : 1602

Summary:

On certain vehicles, the fuel tank is missing the adhesive layer that bonds the barrier layer to the outer shell of the fuel tank.

Consequence:

With this condition, fuel and/or fuel vapors could seep out between the layers, increasing the risk of a fire.

Remedy:

Dealers will inspect the serial number on the fuel tank and replace the fuel tank if necessary. The recall began on November 13, 2006.

What happens iin case the vehicle you just bought has a recurring problem? What if, even after numerous trips to the garage for repairs, the problem still persists? Are you to simply live with the problem? What if the problem is a safety hazard? Should you simply accept a manufacturer’s defect in your automobile?

Most states allow you to go directly to the manufacturers, not the dealers, and demand that either they replace your automobile or refund your money. Though there are laws that protect your rights as a consumer, filing a case is not an automatic guarantee of a new automobile or a refund. You must be able to prove that the car you bought has substantial defects that are not repairable. You must allow the manufacturers ample opportunity to repair the problem. Your dissatisfaction should also fall under a specified time and date that varies from state to state. This complaint is also applicable only to automobiles purchased for personal use. You are not allowed to name your vehicle a lemon if it is used for business.

If you only leased the vehicle and did not purchase it, then the lemon law does not apply to you. You may be able to file a case for breach of warrant against the manufacturer y, but the benefits of winning are not as extensive lemon law cases. In case the vehicle is no longer under warranty, then the claims available to you could be greatly limited.

Build Dates : March 10, 2009 - March 19, 2009

NHTSA CAMPAIGN ID Number : 09V327000

Date Owner’s Notified:
Date Received by ODI: 20090811
Date Added to Databse: 20090812

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

Component: ELECTRICAL SYSTEM:WIRING
Potential Number Of Units Affected :

Summary:

BMW is recalling certain model year 2009 Z4 30i and 35i vehicles manufactured between march 10 and march 19, 2009. A defective crimp connector in a belt tensioner wiring plug may lead to increased electrical resistance of that connection.

Consequence:

Increased electrical resistance in that circuit could cause the safety belt tensioner to fail to deploy in a crash, possibly resulting in increased injury to the seat occupant.

Remedy:

The manufacturer has not yet provided the agency with a remedy or notification schedule.

CA Lemon laws are compeled by various states that protect customers from defective vehicles. Lemon laws demand the vehicle problem be taken care of by the manufacturer, not the car dealership. If you buy a lemon, vehicke you are often entitled to some sort of compensation that deals with how much you paid for the vehicle and how many miles are on it.

Different states have different lemon laws. Some states cover used cars under their lemon laws, while some only cover new vehicles. There are many websites where you can find out your state’s particular policy regarding lemon vehicles. Simply go to the search engine of your choice and type in your state’s name followed by ‘lemon law.’  Honesty regarding the lemon law is always the best policy, and disclosure makes it legal. Just follow a few simple guidelines and you’ll be alright.

What your warranty will cover depends on your choosen policy. Ideally, you will want a policy that covers parts and labor, as well as wear, tear and breakdown. Some plans will require you to pay a deductible, others won’t.

Do your research and choose the one who will provide you a warranty and plan that suits your needs and your budget. In case you are educated, you will avoid many troubles and being duped into getting a policy that you do not want. Before shopping for a policy, be clear on what you need, and don’t let slick salespeople convince you otherwise.

Build Dates : March 14, 2004 - March 18, 2008

NHTSA CAMPAIGN ID Number : 08V217000

Date Owner’s Notified: 20080618
Date Received by ODI: 20080515
Date Added to Databse: 20080515

Manufacturer’s Involved: BENTLEY MOTORS LTD
Manufacturer’s Responsible for the Recall: BENTLEY MOTORS LTD
Manufacturer Campaign Number: RE08/02

Component: FUEL SYSTEM, GASOLINE:FUEL INJECTION SYSTEM
Potential Number Of Units Affected : 13420

Summary:

Bentley is recalling 13,420 my 2004-2008 Continental GT, Continental GT speed, Continental Flying Spur, and Continental GTC Vehicles. There is the potential for road salt to corrode the outer surface of the fuel filter. This could lead to the filter housing becoming porous with a corresponding fuel leak.

Consequence:

A fuel leak in the presence of an ignition source could result in a fire.

Remedy:

Dealers will replace the fuel filter and reposition the retaining clip on all affected vehicles. The recall began on june 18, 2008.