Lemon Law for California

Build Dates: 2006-07-19 - 2007-03-12

NHTSA CAMPAIGN ID Number : 08V040000

Date Owner’s Notified: 2008-02-02
Date Received by ODI: 2008-01-28
Date Added to Database: 2008-01-29

Manufacturers Involved: DOUBLETREE RV
Manufacturer’s Responsible for the Recall: LOTUS CARS OF AMERICA INC
Manufacturer Campaign Number:

Component: SERVICE BRAKES, HYDRAULIC:FOUNDATION COMPONENTS:DISC
Potential Number Of Units Affected : 359

Summary:
On certain fifth wheel travel trailers equipped with a disc brake system produced by active technology. Actibrake actuators installed on these vehicles, over time, may overheat, damaging the braking system.

Consequence:
This could create a fire or loss of braking power increasing the risk of a crash.

Remedy:
Doubletree is working with active technology to repair these vehicles “please see 08e007″. The recall began on February 3, 2008.

Pursuant to the Lemon Law in CA used car, which is sold by the dealership with a written and specific warranty, may qualify as a “lemon”. Only used cars purchased for personal, family or household use are covered under the California Used Car Lemon Law. Used cars that are bought for commercial purposes are not covered by the law.

It is a common practice for car dealers to try to sell car buyers vehicles that have been previously returned for various defects and were qualified as a “lemon”.   It is a good idea to take the vehicle to qualified mechanic before the purchase and have it inspected for defects and problems. Keep in mind that the vehicle purchased without a warranty covering the defects will make it very difficult for the car buyer to start a case under the CA Used Car Lemon Law.

Used Car Lemon Law in CA covers leased vehicles leased under warranty as well. If the warranty of the car you have purchased specifies a higher mileage or period, then the warranty is still valid when 18,000 miles of road use or 18 months since purchase have expired. If the first repair attempt took place during the specified warranty period, then the used car you have purchased or leased still qualifies under the California Used Car Lemon Law even after that period.

Pursuant to the lemon law car buyers can receive a refund or complete repair for a used car they have purchased or leased.

Build Dates : 2007-05-21 - 2007-11-08

NHTSA CAMPAIGN ID Number : 08V521000

Date Owner’s Notified: 2008-11-04
Date Received by ODI: 2008-10-07
Date Added to Database: 2008-10-07

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

Component: AIR BAGS
Potential Number Of Units Affected : 204361

Summary:

Nissan is recalling 204,361 my 2007-2008 Altima, Altima hybrid, 350z, 350z Roadster, my 2008 Altima Coupe, Rogue, my 2009 Murano, and Infiniti my 2007-2008 G35 Sedan, my 2008 G37 Coupe and ex35 passenger vehicles equipped with continental automotive systems’ occupant classification system “OCS” control units. A varistor in the ocs control unit located in the passenger seat cushion may have been manufactured out of specification. Under certain conditions, this could cause an interruption of signal between the ocs and the air bag control unit “ACU”.

Consequence:

This could result in the passenger air bag being suppressed which could fail to provide adequate protection in the event of a crash.

Remedy:

Dealers will test the signal between the OCS and ACU systems using a special tool to check that it is functioning as designed. If necessary, the seat cushion “containing ocs hardware” will be replaced with a new one manufactured to specification. The recall began on November 4, 2008.

Lemon laws are created by the American state and guard the people of all states. These laws are applicable for the cars which repeatedly fail to maintain the quality standards. The car which falls under this rule is called a “Lemon”. It is also applicable for vehicles including motorcycle, computers, RV’s and other customer products.

Lemon Law Buyback is a special set rule for the motor vehicles that the manufacturer has bought from an individual under the lemon laws and now the he can fix the problem and sell them as used carsat auto auctions. There are a lot of options where the lemon law buyback can be applied and the consumer may be benefited from it. Suppose a buyer bought a car which is not meeting with all of its warranty. Now if he has the mileage warranty, he can be entitled to a compensation for a breach of warranty. Here the lemon law buyback rules can be applied.

The manufacturer after getting a car must ask for the Title Certificate and Registration Certificate which is marked by “Lemon Law Buyback“. In this case the manufacturer will title the car with his name and will attach a the label to the left door frame or front right door frame.

The Lemon Law Buyback rules are made for the buyer as he can’t be cheated by the manufacturer. Though every state has their own lemon laws but ultimately the buyer is benefited from it.

Build Dates : 2008-06-01 - 2008-10-31

NHTSA CAMPAIGN ID Number : 09V080000

Date Owner’s Notified: 2009-04-10
Date Received by ODI: 2009-03-11
Date Added to Database: 2009-03-11

Manufacturers Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: AM GENERAL LLC
Manufacturer Campaign Number: 09048

Component: FUEL SYSTEM, GASOLINE:STORAGE:TANK ASSEMBLY
Potential Number Of Units Affected : 1738

Summary:
General Motors is recalling 1,738 my 2009 Hummer H3T vehicles. Some of these vehicles have a condition in which the fuel tank front support strap may fracture. If this occurs, the fuel tank would be supported by the rear support strap and stone shield only. Continued use of the vehicle may eventually fracture the rear support strap and shield fasteners.

Consequence:
The fuel tank could separate from the vehicle increasing the risk of a crash.

Remedy:
Dealers will install a new design fuel tank front support strap free of charge. The recall is expected to begin on or before April 10, 2009.

There are several steps the car owner should take to help him/her win a lemon law case. The first and the most important factor for a successful case is the paperwork. The vehicle owner should keep all the record about repairs of the vehicle. All the record should be meticulous and detailed, including a cover sheet that shows all the repairs that were done for the car, summarizing with date, place of service, description of problem, details of repair, hours of labor, cost of labor, cost of parts, sales tax and total of repair bill.

Another thing you will need is good knowledge of the lemon Law statutes in your state. The number of repairs required before you will be allowed to take the case to court varies from state to state. Keep in mind that should have the minimum number of repairs completed within the time frame of the statutes.

Make sure that the vehicle you have purchased is covered by the lemon laws in your state. If you have bought a used car, find out if your state lemon law covers used cars. Some states even cover leased vehicles. Be sure that lemon law statutes in your state cover your RV, motorcycle, SUV, truck, van or other large consumer item, such as a computer.

If you want to win a lemon law case you should make every effort possible. It is very important to do everything in a timely manner. Remember, that time is the essence in every lemon law case, including timing time period to complete repairs, as well as time to file and get the consumer protection.

Car lemon laws were created to protect buyers from being sold defective merchandise. Certain demands are needed to prevent these laws from being used in the wrong way. First manufacturers must offer a warranty on their products, as without a warranty, or if the car is bought as is, they are almost unable to use these laws to their advantage. Without these laws buyers and sellers would take advantage of the situation very easily, and the other would be left without a legal leg to stand on.

Even if these laws vary in each state, they are ofter along the same lines as talked about. Mainly the new car warranties last for up to five years that is usually the amount of time given for a lemon law claim. In some states if a vehicle is bought used and the original warranty is still valid, then the lemon laws cover it until said warranty is void. Certain criteria make a used car fall under these laws, natural disaster, illegal parts used to repair vehicle, tampered odometer, reoccurring mechanical failure. Under these cases these laws would continue to protect the buyer even without a valid warranty.

Several things must be done in order to have protection under these laws also, failure to keep up proper records of maintenance, or lack of initiative in getting the dealer or manufacturer to solve the problem, will only make a lemon law case harder to prove. A consumer must permit the manufacturer or  dealer adequate opportunity to repair the vehicle, failure to do so by the consumer will result in forfeiture of his rights under the lemon laws. A buyer must not continue driving the car after the defect is noticed. It is then said that the buyer may have made the defective parts worse or may have even caused the defect themselves. In the end it really depends on the time a lemon law will cover a consumer.

Build Dates : 17 May, 2005 – 21 October, 2008
NHTSA CAMPAIGN ID Number : 08V583000
Date Owner’s Notified: 2008-11-10
Date Received by ODI: 2008-11-06
Date Added to Database: 2008-11-06
Manufacturers Involved: CHRYSLER LLC
Manufacturer’s Responsible for the Recall: CHRYSLER CORPORATION
Manufacturer Campaign Number: H37
Component: POWER TRAIN:AUTOMATIC TRANSMISSION:LEVER AND LINKAGE:COLUMN SHIFT
Potential Number Of Units Affected : 20283

Summary:
Chrysler is recalling 20,283 my 2006-2009 Charger and Magnum vehicles built with the police package and equipped with a column shifter. The gearshift cable may become disengaged from the steering column mounting bracket and cause an incorrect transmission gearshift position display.

Consequence:
This could allow the vehicle to move in an unexpected direction startling the driver, and cause a crash without warning.

Remedy:
Dealers will add a redundant locking mechanism to the gearshift cable at the mounting bracket to ensure proper retention and shift linkage function. The recall began on November 10, 2008.

There a number of questions to answer to find out if your vehicle is lemon, including the questions about the reimbursement of expenses.

The first and the most important question to answer regarding the CA Lemon Law is if the vehicle you have purchased is qualified as a “lemon.” There are a number of things to take into consideration when you want to determine if the car is a lemon, including the warranty period, the type of defects and the number of repair attempts. You should also consider the number of attempts the manufacturer requires to make before the vehicle can be called a “lemon.”

One of the most confusing parts of the vehicle purchase is the warranty period, as the dealers and manufacturers try to misinform the car buyers. According to the new amendment of the law on time and mileage of the vehicle the warranty should be 18000 miles or eighteen months.

One more question to consider for California lemon law is the term “attempt”. This is when you take the vehicle to the dealer or manufacturer for repairs. It does not depend if the dealer does perform any changes or repairs on the vehicle or the product or not this is an attempt.

Another question is whether you have bought the vehicle “as-is.” If this is the case then the buyer is assumed to know about the defects of the vehicle and has still purchased it. These cases are called “caveat emptor” law, or “buyer beware.” According to this law if the product has a defect and the dealer or the manufacturer has warned the consumer before the purchase then the product is not qualified for the lemon law.