Archive for December 8th, 2009

Dec 08 2009

CA Lemon Law: Consumer Rights

Published by Lemon Law under General Articles

It is somehow difficult to answer the question what lemon law is, because the law varies from state to state. Lemon laws are designed to protect the right of those consumers who buy a car that is defective or fails to perform or be the quality it should be. There is a federal law adopted to protect all the US citizens, but there are also laws in each state. State laws are different, but mostly they are meant to protect consumers that have purchased a defective vehicle. In some states the law does not cover used vehicles, while in others it also applies to other types of vehicles and products, including RV’s, motorcycles, boats, wheel chairs, and computers.

Pursuant to CA Lemon Law the vehicle is considered to be a lemon when it has defects that do not allow the vehicle to be safe or perform properly. In most cases the car buyer cannot see these defects during the purchase. If the car has been repaired for the same defect three or four consecutive times during the warranty period then it is considered to be a lemon.

The car buyer can benefit from lemon laws in two ways. First, if the vehicle is purchased and is defective then the breach of warranty occurred. This may include manufacturer warranties, which is, typically, 3 years and/or 36,000 miles, and extended warranties. Certified manufacture warranties are normally one year, while extended warranty usually begins after the manufacturer warranty expires and lasts starting from five years. Any cases involving warranty breach are in the realm of federal lemon laws. In case there are no warranties then it is considered t be violations of the consumer protection laws.

Understanding the state and federal lemon laws can sometimes be complicated, it is better to consult with an attorney in your state specializing in lemon law cases. An experienced attorney will be able to help you determine if your vehicle is a lemon or not, as well as advice you on your rights and options available.

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Dec 08 2009

Auto Recalls: Porsche, 911 Carrera S Cabriolet, 2006

Published by Lemon Law under Vehicle Recalls

Build Dates : April 20, 2004 - October 21, 2005
NHTSA CAMPAIGN ID Number : 06V008000

Date Owner’s Notified: 2006-01-24
Date Received by ODI: 2006-01-12
Date Added to Database: 2006-01-13

Manufacturers Involved: PORSCHE CARS NORTH AMERICA, INC.
Manufacturer’s Responsible for the Recall: PORSCHE CARS N.A. 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.

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Dec 08 2009

CA Lemon Law Summary

Published by Lemon Law under General Articles

Anyone who buys a car has fixed rights covered by federal and state laws. In CA, the Song-Beverly Consumer Warranty Act solves problems for buyers who lease or purchase a new car. In fact, it even covers used cars as long as the defects arise during the original warranty period. Settling a reasonable number of attempts can depend on the seriousness if the defect. One or two repairs could be considered reasonable, in case it is serious safety defect.

A special section of the CA Lemon Law applies to these problems if they occur within the first 18 months or 18,000 miles, after purchasing the vehicle. Here the law states that the producer has had a reasonable number of times to fix the defect if: 1) the problem can cause death or serious injury and has been repaired two or more times; or 2) the same problem has been repaired four or more times and the buyer has at least notified the manufacturer at least once of the problem; or 3) the vehicle is out of service for more than 30 days since purchase due to the defect.

The law only applies to a new car that has been bought for personal or family use. It can apply to business cars as well if they weigh under 10,000 pounds. There are also general rules for used cars that may apply if an express warranty came with the used vehicle. The coverage is not identical to that of new vehicles.

State lemon laws vary. A CA lemon law lawyer can help find out if the car falls under the lemon law and if there is enough proof for a case. Contact a CA lemon law lawyer for information regarding these laws and to find out how they may apply to your vehicle.

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