Lemon Law for California

Build Dates: n/a

Vehicle Make/Model: Chevrolet/Cobalt of 2005-2010, Pontiac/G5 of 2007-2010

NHTSA CAMPAIGN ID Number: 10V073000

Date Owner’s Notified: 0000-00-00

Manufacturers Involved: GENERAL MOTORS CORP.

Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.

Component: STEERING: ELECTRIC POWER ASSIST SYSTEM

Potential Number of Units Affected: 1050889

Summary:

General Motors is recalling certain model 2005-2010 Chevrolet Cobalt and model year 2007-2010 Pontiac G5 vehicles equipped with electric power steering. The driver may experience a sudden loss of power steering assist that could occur at any time while driving.

Consequence:

If power steering assist is lost, it would require greater driver effort at low vehicle speeds, increasing the risk of a crash.

Remedy:

Dealers will replace the electric power steering motor free of charge. The manufacturer has not yet provided ab owner notification schedule.

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.

There are many vehicle owners who have lemon law situation but are not informed about the lemon law. And when they continuously experience the same problem with their vehicle, they often turn to their selling car dealer expecting them to take back the defective vehicle.

In this situation the car dealer can try to take potential advantage of the customers’ lack of information and “help” them trade-in the lemon and buy another vehicle. After this the car dealer ends up making profit for selling two cars. It turns out that the only way the car dealer “helped” the customer was to assist him/her with another sale. Moreover, the consumer cannot be still sure that this time he/she has bought a non-lemon vehicle.

According to the California lemon law the manufacturer and not the dealer is the responsible party for your “lemon” vehicle. If you think your vehicle is a lemon you’d better consult with a qualified and experienced CA lemon lawyer who will be able to evaluate your case to determine if you qualify under the California Lemon Law.

Your lemon lawyer will explain your potential rights under the CA lemon law and other consumer protection laws. Аs compared with the car dealer’s “help”, your lemon lawyer will really help settle your case ensuring either full refund or replacement.

If you have problems with the car you have bought you should not delay having it repaired. A malfunctioning car can become a reason of serious accidents. Why jeopardize your life?

Very often manufacturers and dealers give a consumer an endless runaround with a defective vehicle. Sometimes they repair items that do not actually fix the problem, telling him or her that there is nothing wrong with the vehicle and even that the problem is actually part of “how that vehicle runs.”

Unless the consumer contacts a lemon law attorney, these distractions can go on for years and stick the consumer with a defective vehicle. Lemon law attorneys are much experienced on cutting through all the distractions and getting the consumer the reimbursement and possible reward they are entitled to under the California lemon law.

The CA Lemon Law, also known as Song-Beverly Consumer Warranty Act, states that if a purchased vehicle turns out to be defective within the warranty period then the consumer is entitled to get a refund or replacement. The Lemon Law keeps the manufacturer liable for all the defects and problems in a defective vehicle. In case the manufacturer fails to fix the problem right even after reasonable number of attempts, defective vehicle must be either replaced or the consumer’s money must be refunded.

The term “lemon” is used to describe cars that have defects substantially affecting their safety, use or value and has now become a part of the legal system when discussing the California Lemon Law. This law was put into place to protect consumers who purchased a lemon vehicle.

This law states that if the vehicle is determined to be a lemon then the auto manufacturer must either give the buyer a replacement vehicle of equal or greater value or purchase the vehicle back. There are qualifications that should be met to be covered under this law.

First of all, to qualify under the CA Lemon Law the vehicle should not be used for commercial purposes.

The problem with the vehicle cannot be trivial, such as a broken cup holder or something similar that does not impair use of the vehicle or could cause harm to the driver and occupants of the vehicle.

The vehicle should be under warranty and have a condition that could cause injury or even death to those that occupy it. But that’s not the only way your car can qualify. If you have tried to get your new or used vehicle (as long as it’s still under warranty) repaired several times but you are still dealing with the problem, then you can qualify. Of course, you must have documentation proving that you’ve tried to get the defect repaired.

If there have been so many attempts to repair your defective vehicle that it has been out of service for a long time (for at least 30 days not necessarily consecutive) then your vehicle can qualify.

There are many ways for you to qualify. The best way to find out whether your car qualifies is to go to an attorney who specializes in CA lemon law. This law does create important rights for car buyers and you should not miss your chance to protect yourself.

Very often you buy a vehicle, spending thousands of dollars, only to find in a few weeks that that the vehicle is faulty. Of course, this makes the car buyer disgusted and frustrated. However, when you are in a situation like this you should know that you can take help from CA Lemon Law. In fact, Lemon law is designed to help customers have their defective vehicles replaced and even get full money back. This may sound very easy at first, but it is not the case. Typically, CA Lemon Law can be complicated, this is why you will need the assistance of attorneys who specialize in CA Lemon Law to help you out of the situation.

On the other hand, you should remember that the best way to protect your right as a consumer is knowledge. So it is always better to get as much information about car buying as you can before you buy a new or used vehicle. Being informed will help you get your rightful dues, in case things go wrong after the purchase.

What is the most important that you should know. First of all let’s define what CA Lemon Law is and what its purpose is. This law is a part of the Song-Beverly Consumer Warranty Act, which protects a consumer against loss of money, in case he buys a defective vehicle. In case you have purchased a lemon vehicle the manufacturer or his representative is liable to fix the fault and in the event of his inability to do so after ‘reasonable’ number of attempts for repairing, he should either replace the vehicle with a new one or refund you the value of the vehicle.

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.

In these tough economic times buying a used vehicle is one of the ways we can save a few dollars. But at the same time it can be a bit threatening, especially if you don’t know much about cars. Of course, there are laws to ensure that consumers don’t end up with a defective vehicle; however, you’d better read on to save yourself from headaches with repeated visits to the dealer for service.

First of all find the best used car dealer. Reputation and honesty are the most essential factors in choosing а car dealer.

Take the car for a test drive for at least 15 minutes. Take it on the highway to see if the acceleration suits, drive at various speeds, turn plenty of corners, and if possible drive over different types of pavement.

If you still like the car, the next step is to take it to an experienced mechanic for a thorough inspection. It’s better to pay some money before buying than spend much more money on repairs if you get stuck with a lemon. Ask the mechanic for a written report which you can use as a bargaining tool in negotiating a price.

Check if the price is reasonable by visiting various used car websites. An alternative to online price checking is purchasing a Blue Book Used Car Guide which is published twice a year.

Determine what you’re willing to pay for the car. If you are buying a used car, paying cash is more common because of the lower prices. If you do not have enough cash you can arrange bank financing, but first, determine from your budget how much you can afford for a car payment each month.

The manufacturer will often offer the consumer to call the manufacturer’s “customer assistance center” or other facility via an “800” number. These centers are designed to “assist” in resolving the customer’s request for help, or a repurchase or replacement vehicle under their state’s Lemon Law.

The consumer should be aware that these “assistance centers” are recording your conversation for “quality control purposes.” Generally, the recording can be used against the consumer in a later Arbitration or legal action if it benefits the manufacturer’s position. It mainly depends on the content of the conversation. In this case, it may be a good idea to inform the customer assistance center representative that you intend to record the conversation as well.

When you call “customer assistance centers,” they assign you a “case number”. Remember, that this is not a legal Lemon Law case. It is just a reference number used to retrieve information on your past call(s) into the “customer assistance center” when calling in again.

Often the agent at the customer assistance center will “offer” a “solution” to the consumer’s request for repurchase or replacement of their defective vehicle by offering a Service Contract, Extended Warranty, the return of a few monthly car payments, or other “resolutions” to the consumer’s request for “lemon law” assistance. These “offers” are often accompanied by a “release” form that forever releases the manufacturer from any legal responsibility to you for current or future problems you may encounter with your vehicle. These “offers” and “resolutions” do not comply with state lemon law requirements in any way or fashion. Car owner beware!

Some customer assistance centers will simply “re-direct” the customer back to their selling dealer to get another repair. Others will “inform” the customer that the customer assistance center will “contact” the repairing dealership. This often simply leads to another repair visit, with no satisfaction to the consumer for their defective vehicle. Some consumers have likened this to the “merry-go-round” syndrome. The consumer does not like the “ride” and “wants to get off”.

Contacting an experienced Lemon Law attorney in your state prior to making contact with a “customer assistance center” can often yield valuable information and insight into your potential Lemon Law case, and ensure that you are protected by your Lemon Law rights.

When buying a vehicle you expect its high quality and proper performance. But recalls happen even to those vehicle manufacturers who boast to be the best and Mercedes-Benz is not an exception.

Ivestigations have shown that 2007 model year C-Class flexible fuel vehicles need updated software for the engine control module; otherwise, it may experience rough vehicle operation and “Check Engine” lamp illumination in your instrument cluster. Extended operation of the vehicle with illuminated “Check Engine” lamp can result in catalyst damage. Authorized Mercedes-Benz dealers will update the software for the engine control module and replace impaired catalyst if needed. A Proof of Correction certificate shall be issued to you by the dealer (California only) showing that the vehicle has been repaired under the Recall.

Have your affected vehicle serviced as soon as possible. It will require about four hours. As a matter of normal service process your vehicle will also be checked for other repair measures and this may increase required working time.

You should be aware that the authorized Mercedes-Benz dealers must provide you this service free of charge and if they fail or unable to do so be sure to contact our offices.

And of course if you have experienced this and/or other problems on more than one or two occasions you might have a defective vehicle. Contact our law offices for a free consultation to make sure your rights under the California Lemon Law are protected. 866-97-LEMON.