Lemon Law for California

Build Dates: 24 July, 2009 – 26 November, 2009

Date Owner’s Notified: 0000-00-00
Recalled on: 2/18/2010

Manufacturers Involved: BMW of North America, LLC
Manufacturer’s Responsible for the Recall: BMW of North America, LLC

Component: EQUIPMENT:OTHER:LABELS

Potential Number of Units Affected: Unknown

Summary:

BMW is recalling certain molder year 2009-2010 7-Series and model year 2010 550i Grand Turismo Vehicles for failing to comply with the requirements of Federal Motor Vehicle Safety standard No. 110 “Tire Selection and Rims”. These vehicles are equipped with a tire pressure label indicating that the vehicle’s seating capacity is five passengers. The actual seating capacity is four passengers. The tire size, tire pressure, and vehicle capacity weight on the label are correct.

Consequence:

The tire belt does not conform to FMVSS 110.

Remedy:

BMW has not yet provided a remedy or an owner notification schedule for this campaign.

Build Dates: 01 September, 2008 – 19 August, 2009

NHTSA CAMPAIGN ID Number: 09V333000

Date Owner’s Notified: 0000-00-00
Date Received by ODI: 2009-08-20
Date Added to Database: 2009-08-20

Manufacturers Involved: VOLKSWAGEN OF AMERICA, INC
Manufacturer’s Responsible for the Recall: VOLKSWAGEN OF AMERICA, INC
Manufacturer Campaign Number: 37E3/S7 & 37E5/J7

Component: POWER TRAIN: AUTOMATIC TRANSMISSION

Potential Number of Units Affected: 16000

Summary:

Volkswagen is recalling certain model year 2009 and 2010 passenger cars manufactured between September 2008 and August 2009. The wiring harness of a temperature sensor in the Direct Shift Gearbox “DSG” may have connector wires that were insufficiently crimped. With insufficiently crimped connector wires, a temperature sensor has the potential to falsely detect a high gearbox oil temperature, causing the transmission to abruptly shift to neutral. If this happens, the selector lever position indicator within the instrument panel will flash. In addition, the “depress brake pedal” indicator light will be illuminated, alerting the driver to apply the brakes.

Consequence:

The abrupt shift to neutral could lead to a crash without warning.

Remedy:

Volkswagen will reprogram the transmission control module with updated software free of charge. The recall is expected to begin on or before October 19, 2009.

There are a lot of debates over various aspects of CA lemon law, such as:

• What kind of car defects does the CA lemon law include?
• What is the reasonable number of attempts?
• How long is the warranty period?

The California lemon law covers two types of defects – nonconformity and serious safety defect.  A nonconformity is a defect substantially impairing the use, value or safety of the vehicle making it unreliable, unsafe for ordinary use or diminished in resale value compared to equivalent vehicles. Serious safety defect is a life-threatening malfunction impairing the driver’s ability to control or operate the vehicle, or creates a risk of fire or explosion.

According to the CA lemon law the reasonable number of repair attempts depends on how dangerous the defect is and how it affects the vehicle’s reliability, value and general safety. In case of a nonconformity defect there should be four or more repair attempts and two or more repair attempts in case of a serious safety defect.

As to the warranty period it is 18 months or 18000 miles, whichever is earlier.

It is important to note that the California lemon law cannot help you if the car has been damaged or abused intentionally or illegally.

Build Dates: 2007-11-05 - 2009-07-09

NHTSA CAMPAIGN ID Number: 09V343000

Date Owner’s Notified: 2009-09-28
Date Received by ODI: 2009-09-01
Date Added to Database: 2009-09-01

Manufacturers Involved: VOLVO CARS OF N.A. LLC.
Manufacturer’s Responsible for the Recall: VOLVO OF AMERICA CORP.
Manufacturer Campaign Number: R215

Component: ELECTRICAL SYSTEM: SOFTWARE

Potential Number of Units Affected: 11993

Summary:

Volvo is recalling My 2008-2010 S80, model year 2009-2010 XC70 and model year 2010 XC60 vehicles. Under certain conditions the software within the central electronic module “CEM” may not send a signal to the fuel pump electronic module “PEM”. This missing signal to the PEM inhibits the start of the fuel pump. The driver may be able to start the engine in spite of the fuel pump not being activated due to residual pressure in the fuel system. In some cases, the driver may be able to drive the vehicle a short distance at idle but then the engine may stall.

Consequence:

If the vehicle stalls in certain conditions, a crash could occur.

Remedy:

Dealers will download software to the vehicles’ CEM free of charge. The recall began on September 30, 2009.

Song-Beverly Consumer Warranty Act popularly known as the California lemon law has been established to protect the interests of consumers if they buy a defective vehicle from a manufacturer or a dealer. It is really upsetting to end up buying your dream car that develops serious defects. And if in such an event, the dealer or the manufacturer fails to repair the defects within a ‘reasonable time’ the CA lemon law comes in effect forcing them to replace the faulty vehicle with a new one or compensate you for the total value of the vehicle along with all other expenses incurred during the warranty period.

Unless your vehicle is eligible, you cannot get a refund or replacement under the California lemon law. What makes your car eligible to be qualified as a lemon? Here are some basic eligibility criteria for qualifying to take advantage of the CA lemon law:

• If the manufacturer or the dealer is incapable of repairing the defect after 2 attempts in the event of a normal defect or after two attempts in case the defect is safety related

• If the manufacturer or the dealer is incapable of repairing the defect within 30 days.

Only after the car has met the above-mentioned criteria the owner of the defective vehicle can start taking legal action with the help of CA lemon law attorney.

Build Dates: 01 September, 2005 – 04 May, 2009

NHTSA CAMPAIGN ID Number: 09V223000

Date Owner’s Notified: 2009-09-18
Date Received by ODI: 2009-06-15
Date Added to Database: 2009-06-15

Manufacturers Involved: TOYOTA MOTOR CORPORATION
Manufacturer’s Responsible for the Recall: TOYOTA MOTOR CO., LTD.
Manufacturer Campaign Number:

Component: EQUIPMENT: OTHER: LABELS

Potential Number of Units Affected: 27080

Summary:

Toyota is recalling 27,080 model year 2009 and 2010 passenger cars built from June 2, 2008 to May 4, 2009. These vehicles were not equipped with load carrying capacity modification labels which fails to conform with the requirements of federal motor vehicle safety standard no. 110, “tire selection and rims.”

Consequence:

Incorrect load carrying capacity modification labels could result in the vehicle being overloaded, increasing the risk of a crash.

Remedy:

Toyota will notify owners and provide them with a new, accurate label to be installed over the inaccurate label free of charge. The safety recall is expected to begin on or about August 31, 2009.

If you’ve been dogged with your vehicle problems and think that you have a lemon car, you should know that your consumer rights are protected under the CA lemon law. To get the best possible settlement and compensation, however, it’s extremely helpful to keep thorough records that will help you easily prove that you have followed the procedures necessary to classify your vehicle as a lemon. Here are some lemon law tips:

• Keep a logbook (notebook or a computer spreadsheet) to make a notation every time you speak to or visit the dealer or manufacturer.

• Write down every communication, the date and time, as well as the name, title, and phone number of the person to whom you spoke and outline the information and instructions you were given.

• Keep track of your vehicle’s performance noting the times and dates when the problems occur.

• Note the days your vehicle is unavailable, either because it isn’t in working condition or because it is in the shop for repair.

• Keep all of the repair records and maintenance orders – even those that may not pertain to the recurring problem with your vehicle. Don’t leave your vehicle at the dealership without a copy of the work order.

• Keep every piece of written correspondence. Hold on to a copy of every letter and email you send, as well as proof of delivery (delivery documentation). It’s important to understand your state’s lemon law as some states require that you contact the manufacturer via certified mail.

If you feel that you have a lemon car, but haven’t kept a logbook, don’t panic. Just find a professional lemon law attorney.

Build Dates: 29 September, 2005 – 30 July, 2009

NHTSA CAMPAIGN ID Number: 09V377000

Date Owner’s Notified: 0000-00-00
Date Received by ODI: 2009-09-30
Date Added to Database: 2009-10-02

Manufacturers Involved: VOLKSWAGEN OF AMERICA, INC
Manufacturer’s Responsible for the Recall: VOLKSWAGEN OF AMERICA, INC
Manufacturer Campaign Number: 20Q3/J3

Component: FUEL SYSTEM, GASOLINE: STORAGE: TANK ASSEMBLY

Potential Number of Units Affected: 10200

Summary:

Volkswagen is recalling certain model year 2006 through 2010 Audi A3, TT, and TT Roadster passenger vehicles manufactured between September 29, 2005 and August 26, 2009. The closing force of an internal spring of the fuel tank ventilation valve is not adequate enough to hold the valve closed under extreme driving conditions possibly allowing fuel to leak.

Consequence:

In the presence of an ignition source, a vehicle fire could occur.

Remedy:

Volkswagen will notify owners and Audi dealers will replace the fuel tank ventilation valve with an improved valve free of charge. The safety recall is expected to begin during October 2009.

Under the CA lemon law, if the vehicle manufacturer participates in a state-certified arbitration program, the vehicle owner must request arbitration in order to seek relief (although the owner can accept or reject the arbitrator’s decision).

On the arbitration hearing both you and the manufacturer’s representative will speak before the arbitrator. You will speak first. The manufacturer’s attorneys can question you; and you can question them when they speak.

Though the arbitration hearing is less formal than an actual court proceeding, you must come prepared to present your case. You must bring the records that outline all of the work done on your defective vehicle and all of the diagnosed problems; an odometer reading; copies of correspondence with the manufacturer and/or dealer; statements from mechanics or other experts; appraisals or estimates of the resale value of the vehicle with its defects; and a variety of financial records. All these records will help you prove to the arbitrator that the lemon law claim you are making is true, and that the defect negatively impacts the use, value, or safety of the vehicle. It is also important that your records are in chronological order and ready to present to the arbitrator in an organized fashion.

You will receive a notification on the outcome of the arbitration hearing. Possible decisions include:

• An additional repair attempt
• A replacement vehicle
• A refund of the purchase price
• Reimbursement for towing, car rental, and so forth
• No award

If you are dissatisfied with the arbitration decision, you can either go to court or, after an additional repair attempt, re-file your arbitration case. Whether you choose to go into arbitration again or go to court, it’s in your best interest to have a lemon law attorney represent you.

Build Dates: 31 January, 2008 – 31 May, 2009

NHTSA CAMPAIGN ID Number: 09V351000

Date Owner’s Notified: 2009-10-13
Date Received by ODI: 2009-09-11
Date Added to Database: 2009-09-11

Manufacturers Involved: CHRYSLER LLC
Manufacturer’s Responsible for the Recall: CHRYSLER CORPORATION
Manufacturer Campaign Number:

Component: SERVICE BRAKES, HYDRAULIC

Potential Number of Units Affected: 82

Summary:

Eldorado National is recalling model year 2008-2009 Amerivan Mobility vehicles built on Chrysler Town & Country and Dodge Grand Caravan platforms vehicles. The rear brake lines may have been improperly routed and not secured properly during the alteration. If not routed and secured properly, the brake lines could rub against the vehicle causing a brake fluid leak.

Consequence:

A brake fluid leak could result in a loss of braking ability, possibly causing a crash.

Remedy:

Eldorado National Amerivan dealers will inspect the vehicles and if the brake lines were improperly routed they will be correctly reinstalled free of charge. The safety recall began on October 13, 2009.