Lemon Law for California

Build Dates: 01 July, 2009-07-01 – 25 January,2010

NHTSA CAMPAIGN ID Number: 10V152000

Date Owner’s Notified: 2010-05-31 Date Received by ODI: 2010-04-15 Date Added to Database: 2010-04-15

Manufacturers Involved: BMW OF NORTH AMERICA, LLC

Manufacturer’s Responsible for the Recall:

Manufacturer Campaign Number:

Component: EXTERIOR LIGHTING

Potential Number Of Units Affected: 735

Summary:

BMW is recalling certain model year 2010 x5 m SAV vehicles for failing to comply with the requirements of federal motor vehicle safety standard no. 108, “lamps, reflective devices, and associated equipment,” these vehicle’s were equipped with side marker lamps, but not the power supply cables leading to the lamps. As a result, the side marker lamps do not illuminate.

Consequence:

These vehicles do not comply with requirements of FMVSS No. 108.

Remedy:

BMW will install power supply cables for the front side marker lamps. This service will be performed free of charge. The safety recall is expected to begin during May 2010.

•    Chrysler makes a recall on 2010 left hand drive Jeep Liberty, Dodge Nitro and Ram 1500 trucks and right and left hand drive Jeep Wrangler vehicles that may have been built with an improperly formed master cylinder to hydraulic control unit brake tube assembly end flare. This could lead to a loss of brake fluid resulting to reduced braking. Dealers will replace the brake tubes free of charge.
•    Ducati makes a recall on 2010 Multistrada 1200 motorcycles for several problems. The throttle cables may come in contact with the upper edge of the radiator, the center stand mounting screws may come loose during operation, and an incorrect screw may have been installed in the steering head. Dealers will correct these problems free of charge.
•    Ford makes a recall on 2010 Transit Connect vehicles manufactured from December 5, 2008 to May 31, 2010. The headliner retention push pin located on the headliner above the b-pillar trim on both the left and right side of the vehicles needs to be replaced because it exceeds the head injury criteria requirement standards. Ford will notify owners and dealers will repair the vehicles free of charge.
•    Jaguar makes a recall on 2010-2011 XK and 2010 XF V8 5.0L gasoline engine vehicles which may experience fuel starvation due to an incorrectly activated fuel pump relay. Dealers will download revised software free of charge. The safety recall is expected to begin before August 30, 2010.
•    Kawasaki makes a recall on 2009 EX650C9F/FL and 2010 EX650CAF/FL Ninja 650 motorcycles for cowlings that can interfere with the operator’s foot while braking. This could reduce the operator’s control over braking or distract the operator, creating the potential for a crash. Dealers will install an updated footrest guard and fairing bracket free of charge.
•    Nissan makes a recall on 2002 Pathfinder and Infiniti QX4 vehicles manufactured from August 24, 2001 through August 28, 2001. Due to an improper installation, the inflator housing may rupture, producing loose metal fragments that could injure the front passenger. Dealers will replace the front passenger air bag module assembly with a new one free of charge. The safety recall is expected to begin August.
•    Subaru makes a recall on 2010 and 2011 Outback and Legacy passenger vehicles manufactured from April 28 to June 23, 2010. A mislaid lubrication hole prevents the transmission gears from being lubricated, which will lead to the gears eventually breaking.
•    Yamaha makes a recall on 2009 VMX17 motorcycles manufactured from June 2008 to March 2009. Too much electrical resistance in the accelerator position sensors and throttle position sensors ground wire could lead to a dangerous unstable idle speed. Yamaha will notify owners and dealers will repair the motorcycles free of charge.

Honda recalls some of its models. Honda Motor Co has already announced about the recall and has released the recalled models: Accord and Civic models from year 2003 and Elements from 2003-2004 years. As it was reported Honda has recalled about 428,000 vehicles in the United States and Canada. The recall was due to ignition switch problems.

The recall will start in late September of this year.  It is the third overall recall over the same problem since 2003(the first one was in 2003, the second one on 2005).

A Honda representative mentioned in his statement that if the ignition interlock mechanism becomes damaged or worn out, the ignition key may possibly be removed without the transmission being shifted into park, allowing the vehicle to roll away unexpectedly; this may possibly lead to a crash.

The car company had reported that they have got several complaints about such failures and related incidents, including one that resulted in a minor injury.” Nearly 197,000 ‘Accord’ and 117,000 ‘Civic’ models from 2003, as well as 69,000 Element models from 2003-04 years are included in the recalls.

Honda will start notifying their customers from late September 2010 with the said instructions for scheduling of repairs. The owner can contact Honda at (800)999-1009.

For more details and for learning your options in case of car recall, feel free to contact CA lemon law attorney Hovanes Margarian.

You do need a lemon law attorney to help you when your dream car turns out to be a lemon. Reading the lemon laws may not be helpful enough as they can be difficult to understand, and besides not all laws apply in all cases. That is why having an experienced lemon law attorney is helpful since he/she will explain to you how the law applies to you and what steps you should take in your particular case. By doing this you will be more ready to confront the dealer that sold you a lemon.

Do not rely on yourself in case you have been sold a lemon, you can get assistance from a CA car attorney. He/she will first try to find out the reasons that make you think the car you have bought is a lemon. It is of utmost importance to bring qualifying reasons for your car to be considered a lemon. Keep all your mechanical repair bills organized to prove your expenses. You can decide your actions after having a free consultation with a CA lemon law attorney.

If you just take the car to the dealership and ask for your money back, the chances that your demands will be satisfied are really small. The dealership will less likely take you seriously in case you do not have a lawyer. Having a good car attorney is your first significant step to a successful solution that will meet your expectations.

Your car is probably a lemon, if it has mechanical problem that cannot be fixed by the dealership. To get positive results and deal with the dealership confidently, turning to a lemon law attorney is a must.

Build Dates : 25 November, 2009 – 08 January 2010
NHTSA CAMPAIGN ID Number : 10V226000
Date Owner’s Notified: 2010-05-31     Date Received by ODI: 2010-05-27     Date Added to Database: 2010-05-27
Manufacturers Involved: FLEETWOOD RV, INC.
Manufacturer’s Responsible for the Recall:
Manufacturer Campaign Number: 10519FRV
Component: SEAT BELTS:FRONT:ANCHORAGE
Potential Number Of Units Affected : 47

Summary:

Fleetwood RV is recalling certain model year 2010 Discovery model 40g and 40x class a motor homes manufactured from November 25, 2009 through January 8, 2010 for failing to comply with the requirements of federal motor vehicle safety standard no. 210, “seat belt assembly achorages.” the seat belts located on the sofa bed may not be adequately mounted for effective occupant restraint.

Consequence:

Lack of adequate seat belt protection increases the risk of personal injury in the event of a crash.

Remedy:

Dealers will inspect the sofa bed seat belt mountings and if necessary reinstall them to a floor-mounted location. This service will be performed free of charge. The safety recall began on May 31, 2010.

If you have bought a car that meets lemon law requirements for your state, you have the right to obtain a refund or replacement car from the manufacturer. Although this process is different in each state, you must first notify the manufacturer of the defect in all states. In case there is no satisfactory settlement, most states require you to go to arbitration before going to court.

Manufacturers use different arbitration programs. If you are given the opportunity to choose, it is better to choose a state consumer protection agency program, rather than a manufacturer’s in-house program or a private arbitration program.

BBB (The Better Business Bureau) runs a free national program to resolve new vehicle warranty disputes. This program, called BBB Auto Line, uses arbitration and mediation to assist consumers who have lemon law claims.

Consumers who bring substantial evidence and documentation to the arbitration hearing tend to do better than those with little evidence to support their claims.

The arbitrator will hear both sides and will make a decision usually within 60 days after the hearing. Under the BBB Auto Line program, the timeline is much shorter: 3-4 business days. If the arbitrator decides that your car is a lemon, you will be entitled to a refund or replacement.

The arbitration should be taken seriously, one should get as prepared as possible before it. Although you can usually appeal a bad arbitration decision in court, it can greatly influence your case.

This whole process can take a long time. Most lemon laws allow you use your car while pursuing a claim. However, you should be careful with with. Never use your car if doing so poses a safety risk. Even if you can drive your car safely, some courts may view your case less favorably in case they learn you were able to keep driving your car.

Each year nearly 150,000 cars turn to be lemons, i.e. cars that have repeated, unfixable problems. Every state has some type of “lemon law” that regulates the cases when one acquires a lemon car. To take advantage of these laws, you should know what qualifies as a lemon and how to get a refund or replacement car.

In order to qualify as a lemon, the car must

(1) have a substantial defect that occurred within a certain period of time or number of miles after the car was bought.

(2) not be fixed after a reasonable number of repair attempts.

A “substantial defect” is a problem covered by the warranty that significantly impairs the car’s use, value or safety, such as faulty brakes or steering. Minor defects such as loose radio knobs and door handles do not meet the legal definition of “substantial defect.”

As with most legal definitions, the line between a “minor” and a “substantial” defect is not clear enough. Some not so evident conditions, such as defective paint jobs or horrible smells, have been found to be substantial defects.

In all US states, the substantial defect must occur within a certain period of time (usually one or two years) or within a certain number of miles (usually 12,000 or 24,000). The defect must not be caused by abuse.

The dealer or manufacturer is allowed to make a “reasonable” number of attempts to fix the problem before your car is considered to be a lemon. To be protected under your state’s lemon law you must meet one of the following standards

•    If the defect is a serious safety defect, involving brakes or steering, it must remain unfixed after one repair attempt.

•    If the defect is not a serious safety defect, it must remain unfixed after three or four repair attempts (the number varies by state).

•    If the vehicle is in the shop a certain number of days (usually 30 days in a one-year period) to fix one or more substantial warranty defects, it may fit the definition of a lemon.

Although most state lemon laws apply to new car sales only, a few states have lemon laws that also cover used cars.

Toyota is recalling nearly half a million cars, most of which are large sedans sold in the U.S. The reason of the recall is problems that may cause the steering wheel to lock up.

The recall was announced on Thursday and affects 412,000 vehicles in the U.S. — 373,000 Avalon sedans and 39,000 Lexus LX 470 SUVs.

Toyota has been suffering a “recall crisis” since October, when it announced a recall of 5.3 million cars and trucks to fix floor mats that can trap pedals and cause unintended acceleration. Since then a number of recalls have followed, from sticky gas pedals to braking problems with the Prius hybrid to rusting frames in the Tacoma pickup.

With Thursday’s recall the number of Toyota’s recalls equals to about 9.5 million of cars and trucks in the U.S. since October. That means Toyota has recalled about 39 percent of vehicles it has sold in the U.S. since 1998.

The Avalons recalled in the U.S. range have improper casting of the steering lock bar — the component that locks the steering wheel when the vehicle is shut off — that can cause a crack to form on the surface.

With the lapse of time, the crack can expand, which can cause the steering wheel to become difficult to unlock when stationary. As Toyota said in some circumstances, the problem can cause the steering wheel to lock up during driving.

Toyota will fix the Avalon steering problem by replacing the steering column bracket, which houses the lock bar.

For the Lexus LX 470, Toyota is recalling the 2003-2007 model years for fixing a different steering shaft problem, which might cause loss of steering control. As the company said no accidents have been reported from the problem.

In August customers will receive letters asking them to bring their cars to dealers for both repairs.

Toyota is also recalling another 6,750 vehicles in Japan, a sedan called the Pronard, for a problem that is similar to that experienced by the Avalon.

Currently Toyota also faces more than 200 lawsuits in the U.S. for accidents that involve defective automobiles, the lower resale value of Toyota vehicles and a drop in its stock value.

For details on your rights and options in case your vehicle is recalled, contact CA lemon law attorney Mr. Margarian.

Build Dates: 08 January, 2010 - 13 February

NHTSA CAMPAIGN ID Number : 10V200000
Date Owner’s Notified: 0000-00-00
Date Received by ODI: 2010-05-11
Date Added to Database: 2010-05-11
Manufacturers Involved: CHRYSLER GROUP LLC
Manufacturer’s Responsible for the Recall: Manufacturer Campaign Number: K08
Component: ELECTRICAL SYSTEM:IGNITION:MODULE
Potential Number Of Units Affected : 40131

Summary:
Chrysler is recalling certain model year 2010 Chrysler 300, Dodge Challenger, Charger, Jeep Commander, Grand Cherokee and Dodge Ram vehicles. These vehicles may have been built with a wireless ignition node “win” module exhibiting a binding condition of the solenoid latch.

Consequence:
The result of the defect could lead to a condition where the key may be removed from the ignition switch “win module” prior to placing the shifter in park. This could result in the potential for unintended vehicle movement and could increase the risk of a crash.

Remedy:
Dealers will inspect and replace the win module free of charge. The safety recall is expected to begin during July 2010.

The risk of getting a lemon is higher when you are eager to buy even a slightly used car. Not to end up with a lemon, try to have a little car knowledge.

1. Before you decide to buy a car, first of all research vehicle reliability reports online for the different models you are interested in. Learn what other people say is the best vehicle in the type you are interested in. Also take into consideration what others think is the worst. Before you ever go shopping, on the lot or online, decide what type of vehicle you want and what models you will look at.

2. If you are eager to have more information about that car you’re considering, then check all four of the federal government’s databases for any recalls or service bulletins or safety investigations and owner complaints on the exact model vehicle. Service bulletins are notes that the manufacturer sends out to their dealerships to inform them about problems that have been discovered in particular model vehicles and how to try and fix them.

3. Federal law require every used car on any dealer’s lot to have placed in the window this one page form that clearly discloses whether the car is being sold “as is” or with a warranty. The car dealer is claimed to fill it out correctly. and to hand over a copy of the form to the buyer in the sale. When a motor vehicle is sold “as is” it could mean that you have no recourse against the selling dealership if problems or defects arise later on. Normally, problematic cars are those that are often sold “as is” so be careful.