Lemon Law...

     California Lemon Law Blog
     


How To Get The Right Lemon Law Settlement - Monday, January 9 2012

California Lemon Law cases can be settled in many ways. It all depends on the attorney firm you choose, and the attorneys relationship (good or adversarial) and his/her experience.

As in any profession, there are "good" and "outstanding" attorneys. In the area of California Lemon Law, there is a handful of outstanding attorneys. They have been in practice 20+ years, and have non-adversarial relationships with the automobile manufacturers.

In settling a case, our California Lemon Law calls for the manufacturer to "repurchase" (buyback) the vehicle, refund the consumers money, and pay off any outstanding loan/lease balance. There is a deduction for usage based upon the odometer miles at the first of repeated repair attempts.

This being said, what if a consumer wants to be monetarily compensated for their troubles, but want to keep their vehicle? With the best attorneys, you can get a substantial, somtimes huge cash settlement AND keep your vehicle, AND it's not branded a "lemon".

Would you like to get more infomation on the details of these types of settlements, and would like to know if you qualify? Call California's largest lemon law firm - The Law Offices of William R. McGee. 1-800-225-3666. Free case evaluation on the website: www.CaliforniaLemonLawAttorneys.com

 


Lemon Law - Headed into the - Thursday, October 20 2011

The "Finance" office. AKA: Finance Managers office. STOP! This is the last place you visit in the car buying process, and this is where they make all the money off you.

I want you to remember these words "No Thank-You". That's the only response you will give to this so-called "manager" (he's just a salesman) when you are in this office.

Car dealerships invented this "department" very cleverly. By having you visit the F&I Manager (Finance and Insurance Manager), they set up a salesperson that is trained in ripping you off with higher loan interest rates than you can get at your own bank or credit union, will try to sell you on the "what can you afford per month" trick, sell you aftermarket "extended warranties", "protection packages", hidden vehicle theft recoovery alarms, and a whole grocery list of things you don't need that will drive the price of the vehicle up.

Understand, this is the office where they know you are tired, want to drive the vehicle home, you are not at your best defenses, and want to just "get out". This what I liken to the monetary "interrogation room". They will even have a "Sales Manager" walk in to "assist" (wear you down more). A very common practice is to have a "mistake" on the monthly payment, car purchase price, down-payment, etc. Make no mistake -there was no mistake - this was planned. It's just another way to wear you down and wear you out. These people are pro's at this.

You may think "I am smarter than them". No, your'e not. The "smarter" consumer would have already left the dealership at this point and went shopping at a different dealership.

Your salesperson, Finance "manager", "Sales Manager" and other so called "managers" all work in unison for one purpose only: to maximize the profit from each sale.

What do YOU do? Just say "No Thank-You" to anything they throw at you. You will know when you have had enough. Or simply say "I am not buying your financing, accessories, protection packages, "packs", insurance or extended warranty, I am only buying the car for the agreed-upon price. If you cannot do that, then we will say Good-bye". It's that simple.

The only exception to the vehicle financing is IF, and I repeat IF the automobile manufacturer is running a factory-sponsored program for lower interest rate financing. You have seen the ads on television or the internet. You would first do your research by going to the manufacturers website and look for "current offers". This will show what interest rate and finance length terms are being offered. Leases? Those have special programs too - but - these are all FACTORY PROGRAMS. Car dealers will have their own "lease specials" or "payment specials" cars. These spell PROFITS. 

All consumers should visit their bank, credit union or other personal finance institution before starting the car buying process. When you know which vehicle you want, check the "window sticker price". Then discuss the vehicle with your own banker/representative. Find out what the interest rates are, and the terms. Then, if the dealership "Finance Manager" tries to sell you on his payment, you simply say " I can get xxx percentage rate loan, can you beat that APR"? If he can't, then he's just trying to make more profit for the dealership - which is his job.

A final note. "Finance Managers" are typically paid a "base salary", then a percentage of the profit made on all the junk they sell you. So, do the math. This is a profit center, and that's all. So treat is as such! Just learn to say "No Thank-You".

I'm Randy Sottile, the Lemon Law Auto Expert. Have a question about buying a new car? Call me at 1-858-342-0073. Already have a car you are planning on trading-in that has been a lemon? STOP! Call me. I may be able to get you out of that vehicle and get your money refunded, giving you a big downpayment on the next car you buy. Talk to me first, before visiting the car dealership. www.lemonlawautoexpert.com

 


Why You Need a Lemon Law Auto Expert - Thursday, October 13 2011

What sets our California Lemon Law firm apart from all the others is me - Randy Sottile, the Lemon Law Auto Expert. Here's why....

When you have mechanical problems with your car, Your First Step --Talk to an expert; Find out what is wrong with your car. Simple, we do that with our bodies, we go to a doctor. You dont go to an attorney first before going to the doctor, you just go to the doctor. In this case an auto expert is like a doctor, he is  someone who understands what's wrong with your vehicle, what it takes to fix it, and even if it can be fixed. Not an attorney - they know the law, and they are step 2 or three. So in this case that Car Doctor is me, Randy Sottile Lemon Law Auto Expert. Once we talk and identify the symptoms of the problem with your vehicle, I will look at what was “test” (Diagnostic Testing in the Medical World) were performed on the vehicle in its previous visits to the car dealerships Service Department.Step 2: I research the manufacturer’s internal technical website, internal memo’s on the issue/complaint and find out what the manufacturer knows about it. Trust me, the majority of the time? - they know. Will the manufacturer or dealer tell you they know about the problem? - of course not! Some "known" issues are fixed by dealers, because other people complained before you. Depending on the severity of the issue, it can be a “Service Action” or “Service Campaign”, or if the government steps in for a safety issue, they issue a mailing and call that a “Recall Notice” When the person complains the “party line” is gee 'this is the first I've heard of this complaint'. Please. They know.

Most attorney firms generally will not hire an outside expert to review their cases -it's EXPENSIVE. In some cases the Attorney is just like the car manufacturer.

When you work with our ME - I am different. I am the “Expert", because of my years working in the auto industry, I know where to review, research and make determinations about what's wrong or going on with your vehicle. Then just like a doctor I give you the diagnosis of what’s wrong with your car, and report it to you. Then WE decide what the next step is to take in your individual case. If going to the attorney is the next best step, you take it, as it’s researched and justified, I send the information off to the attorney I trust for your brand of vehicle and that has the same philosophy as me. In short, an attorney is only as effective as the information he/she is armed with. I hand the attorney what he/she needs to properly pursue the case- knowledge, documents, explanation and understanding, and in most cases what the manufacturer knows but is not telling the consumer, the SAME INFORMATION I GAVE TO YOU! I work with a group of attorneys that have excellent relationships with the automobile manufacturer’s, and work well with me.

Most law firms will either ask you to pay for the expert, or won't hire and expert, until a lawsuit is filed. This is the "cart before the horse". To do a case properly, it must be mechanically evaluated first, then legally evaluated second. Once both have been completed, only then can you make the proper decision based on all the facts of what is best for you and of course of your car....

If YOU have a 2005-2012 new or used vehicle that is under the manufacturer's factory warranty, that has less that 100,000 miles, and would like to talk about the problems you have had with your car - CALL ME, I’m the Lemon Law Auto Expert, Randy Sottile.  Just call me at 1-858-342-0073 or email me: http://www.lemonlawautoexpert.com/contactus.asp  Have your repair documents handy when you call, so we can properly diagnose the issue(s) with your car, and see what steps we can take to get you a “better car”.  You don't have to put up with a bad car! Get into a better one! Talk to Randy Sottile, I'm here to help you, and I understand, better than anyone, what you are going through with your car it could be a "lemon".

My website is: www.LemonLawAutoExpert.com


Understanding - Wednesday, October 12 2011

A clear understanding of what consumers (and dealers) call "Extended Warranties", and how they impact California Lemon Law.

No doubt you have been offered a "extended warranty" by the dealership at the time of purchase. You know, that extra protection against breakdowns and unexpected repair bills? Well, what you DON'T KNOW can HURT YOU.

Under the California Lemon Law, any product that is sold to repair your car is not legally a "warranty", and thus the documents you sign do not say "warranty". A "warranty" is something that comes free with the vehicle.

When the dealer offers you to buy an "extended warranty", know now that this is an insurance policy against mechanical breakdown of covered components. That's it- that's all. It's just buying insurance.

What about the California lemon law? Since this is not legally a "warranty", the repairs done under those insurance policies are NOT applicable to repairs towards a California lemon law claim.

If you do decide to purchase one of these mechanical breakdown insurance policies, the one's offered by the manufacturer are the best, as they do not require the dealer to get authorization for repairs by a insurance plan administrator. Why is this important? Imagine a non-factory policy, you have a breakdown, there is $1,000.00 in tear-down inspection fees, and then the policy administrator deems it "not a covered component or system" and denies the claim. YOU are still on the hook for the $1,000.00 diagnostic fee! (this is only an example).

Have questions about your 2005-2012 vehicle that is under warranty and is having repeat problems? Call Randy Sottile, the Lemon Law Auto Expert at 1-858-342-0073. I am here to help you! We get people out of bad cars, and into better ones! www.lemonlawautoexpert.com Visit my site, I am here to help you.


California Lemon Law, What's a "Lemon?" - Monday, October 10 2011

A "lemon" is a vehicle which has had too many repeat warranty repair visits, or has spent too much time in the shop for warranty repairs.

That's the "short story". It's  much more involved and detailed than that. Over half of our clients didn't think they had "what it takes" to have a lemon law case/claim until our Technical and Research Director, Randy Sottile, who is the lemon law auto expert, "connected the dots" of their repair histories to gain a common theme with what was wrong with their vehicles.

The California lemon law protects consumers for all FACTORY warranties. "FACTORY" means that you received it for free, you did not BUY the warranty.

Any consumer who thinks they might have a "lemon" is urged to call our offices at 1-800-225-3666. If any consumer wants to talk to Randy Sottile about their cars repeated warranty repairs, he can be reached at 1-858-342-0073. There is never a charge to speak with us! We are here to help you.

The Law Offices of William R. McGee is a statewide firm that has settled over 11,000 California lemon law cases in over 22 years. Can we help you?


How to spot a "lemon" w/o being an expert - Tuesday, October 4 2011

Follow these easy steps and you likely will not end up with a "lemon" used vehicle that becomes the subject of a California lemon law lawsuit.

1. Buy a vehicle still under the manufacturer's original factory warranty. These are easy to spot as the "BUYERS GUIDE" label will disclose that the vehicle is still under warranty.

2. Buy from an authorized dealer who originally sold that brand of vehicle new. Why? When the "recondition" the car, the Service Department has the electronic diagnostic computers to test the cars systems, and the factory OEM parts to fix anything that is wrong.

3. Buy a "CPO" (Certified Pre-Owned) from an authorized dealer. So, if it's a Honda for example, buy the used Honda from a Honda dealer as a "HONDA CPO". This has a factory warranty that goes long beyond the original new car warranty. It has also gone through a rigorious 100+ point inspection. Whatever is wrong is corrected before being offered for sale.

4. Have a good collision center (body shop) inspect the vehicle BEFORE signing the purchase agreement.

If you follow these 4 steps, it will allow you to spot a "lemon" before making a costly purchase mistake of buying the WRONG used vehicle that will become a big headache.

If you have any pre-purchase questions on a Certified Pre-Owned vehicle offered for sale that interests you, call our Lemon Law Auto Expert, Randy Sottile, at 1-858-342-0073. Your conversation with him is free.


DEALER Certified Pre-Owned VS. MFG. Pre-Owned - Wednesday, September 28 2011

WATCH OUT for the devious practice by car dealers of their 'in-house' Certified Pre-Owned Warranty programs.

A number of years ago automobile manufacturer's added a program called "CPO", which stands for "Certified Pre-Owned". The idea was to have the dealer do a manufacturer-required 100+ point check (and repairs) to a vehicle to make it qualify for a "Certified Pre-Owned", which would then get a FREE warranty to the consumer from the manufacturer. This was, and IS a terrific program! It gives a manufacturer-backed WARRANTY to the consumer. Repairs done at the franchised dealership (example: FORD) are paid for by Ford Motor Company.

Whats the rub? Auto dealers, in their 'infinite wisdom and greed', have chosen to offer their OWN "Certified Warranty". The problem is, it is NOT a factory warranty, and getting the dealer to honor it (with all it's loopholes not to pay), or trying to sue them is one big mess.

How do you know the difference? It's easy!

MANUFACTURER CPO: Ford Certified Pre-Owned

DEALER: Smith Ford Certified Pre-Owned

The 'DEALER' CPO is the one you do NOT want. The manufacturer's CPO is a FACTORY WARRANTY, and the repairs done under it are applicable to California Lemon Law. The manufacturer's CPO warranty can be used at ANY authorized dealership nationwide for that brand of vehicle.

If you have any further questions about CPO warranties, please call our Lemon Law Auto Expert, Randy Sottile, at 1-858-342-0073.


CVT Automatic Transmissions - Lemon Law - Thursday, September 22 2011

California lemon law information for owners of various brands of cars utilizing "CVT" (continuously variable transmission).

CVT transmissions have been under constant development and improvement in recent years. However, their history for ruggedness and reliability has been less than stellar.

Many automobile manufacturer's who have fitted CVT transmissions to their cars have had to issue letter of warranty extension to vehicle owners, sometimes out to 100,000 miles. Owners of these cars (especially subsequent owners) may not receive any notification of any warranty extension.

I encourage any car owner to ask their dealer if their car is outfitted with a CVT transmission (also known as "variable belt"). If so, then ask them to look up warranty extensions issued by the manufacturer. If there is one, get a printout of it! Keep it in a safe place for possible use later on.

CVT's have been seen in compact Nissan, Honda, and many other brands of cars. Check your cars transmission today, as it may end up being a California lemon law claim/case down-the-road.

If you have any questions about your in-warranty vehicle that has a CVT transmission and have been experiencing repair visits, we encourage you to call us at 1-800-225-3666. The Law Offices of William R. McGee, California's largest statewide lemon law firm. www.CaliforniaLemonLaw.com

 


How to "Lemon Law" a car in California - Monday, September 12 2011

Here is how you use the California lemon law to get out of a bad car, truck, SUV, van, crossover, motorcycle or motorhome.

Documentation. It's all about what is documented in writing. If you kept your repair order invoices - great!. If you didn't, you will need to get copies from your dealer - which they may or may not give you. You can also get what is known as a "warranty repair history printout" from their warranty claims computer terminal. Either way, this comes from the Service Department. Keep in mind, retrieving documents is a privilege, not a right. Visiting a Service Dept. advisor with a box of donuts and a tray of coffee's is a great way to "nicely ask them" for these documents. REMEMBER, they don't have to give you anything. Be nice! Ask, don't demand. Request, don't bring up lemon law!

For your California lemon law case, you will need:

1. All service department warranty repair order invoices. The invoice is the copy they give you when you come back to pick up the car after warranty repairs.

2. Current year vehicle registration

3. Evidence of who holds the finance (loan) or lease.

4. Your original PURCHASE or LEASE Agreement.

Once you have these documents together, you are ready (document-wise) to look into a California lemon law case.

An experienced California lemon law attorney has the clout of a lawsuit (that you cannot do on your own) to force the manufacturer into settlement. If the lawsuit in itself doesn't settle it, then the manufacturer risks going to trial over the case. An attorney is always your best ally in forcing a automobile manufacturer into settlement.

We are The Law Offices of William R. McGee, California's largest statewide lemon law firm. We invite you to contact us at 1-800-225-3666 so we may review your documents and provide you with a free case evaluation.


California Lemon Law changes - Diesel Trucks - Friday, September 9 2011

A major change has occurred in our California Lemon Law by a published decision by the California Court of Appeals.

Until just a few days ago, when lemon law claims were made on diesel trucks, (such as F2250, F350, F450, Ram 2500/3500, GM HD 2500/3500, the GVWR was used by the auto manufacturer to claim that the truck exceeded the 10,000 lb. weight limit. The appellate court decided that it was the trucks actual weight (as when put on a drive-up weight scale) that determines if it exceeds 10,000 lbs. - or not.

This is huge victory for plaintiff's attorneys representing consumers with trucks where weight of the vehicle is at issue.

If you have a Ford, GMC, Chevrolet, Dodge truck that weighs in at less than 10,000 lbs. on a local truck scale, and you have had multiple warranty repair attempt visits at your dealer for the same issue/complaint, we invite you to call our California lemon law firm at 1-800-225-3666


California Lemon Law - Choosing the Attorney - Wednesday, September 7 2011

Choosing the right attorney to pursue your California lemon law claim is easy - if you follow these tips:

1. The best lemon law attorneys have 20+ years of experience in strictly "lemon law", not other areas of law.

2. The best lemon law attorneys have no actions or complaints against them via the California State Bar.

3. The best lemon law attorneys do not charge any money up-front, nor ask you for money while the case is in progress. They also do not charge you anything for a consultation, nor if they fail to get a settlement for you. (what is known as "contingency" agreement in California)

4. The best lemon law attorney has a very good working relationship with the pre-litigation (before a lawsuit) departments of the automobile manufacturers, not an adversarial relationship.

5. The best lemon law attorneys have a good working relationship with the defense attorney firms that represent the automobile manufacturers in litigation (lawsuit) California lemon law cases.

We invite you to call our firm at 1-800-225-3666. We have 22 years of experience, and have settled over 11,000 California lemon law cases. Mr. William R. McGee, President and Chief Legal Counsel, has an outstanding working relationship with automobile manufacturers and their defense attorney firms.


California Lemon Law , CARFAX, history reports - Wednesday, September 7 2011

Does as vehicle's previous accident history always show up on a CARFAX or similar vehicle history report? Answer - NO!

Vehicle history reports are an important consumer tool in making an informed used vehicle purchase. That being said, one of the key issues is attempting to find out if the vehicle has been in a previous accident.

Many of these vehicle history reports list an accident if a police report was file, or the owner reported it, but what about all the UN-reported accidents, or accidents that were done through normal auto insurance claims? These more often that not do not show up on vehicle history reports. Why?

Auto insurance accidents have two catagories: "claims made" and "claims paid" by the insurer. Almost all vehicle history report companies do not access this information as they would have to pay for it. This information IS available to the consumer IF the consumer writes to CHOICEPOINT, located in Georgia. What the consumer wants to buy is a C.L.U.E. report. They cost about $5-10, and list all the "claims made" and "claims paid" on accidents reported to insurance companies, based up the VIN# of the vehicle.

Consumers often mistakenly rely on worthless words spoken by the car dealerships. Think about it. How would they know if the car was in an accident before they took it in on trade? They wouldn't. Only if the vehicle goes through a factory CPO (Certified Pre-Owned Used) inspection does visual evidence of a previous accident sometimes show up. Sans that, the dealer has no responsibility to inspect or correct. The BUYERS GUIDE label "informs" the consumer that they may bring the vehicle to a body shop for inspection before purchase. This is THE way to know -for sure -if the used vehicle you are looking at has been in a previous accident or not.

If you would like to know more about previous accident history and the used vehicle you are considering buying, please call our Lemon Law Auto Expert, Randy Sottile, at 1-858-342-0073. He will be happy to assist you.


California Lemon Law & 1st. Year Cars - Monday, September 5 2011

What you need to know about purchasing a brand new model vehicle in it's first production year - could it be a lemon law candidate?

Automobile manufacturer's collect warranty repair data from their authorized dealerships on first-year new model cars, trucks, etc. The data they collect yields them valuable information on what issues/problems/breakdowns, etc. the new model may exhibit when used by consumers.

The old adage "don't buy a first year car" is not necessarily true with today's modern engineering and production, but as evidenced the the TSB's (Technical Service Bulletins) that are issued by automobile manufactuers on first-year models, there is a propensity for these vehicles to be more problematic than the 2nd.-year production run.

You are the ultimate judge of what to buy or lease, and when. If you have any questions about purchasing a first-year model vehicle, you can call our Lemon Law Auto Expert, Randy Sottile, at 1-858-342-0073 for more information on the vehicle you are thinking about acquiring.


California Lemon Law - Active Military - Saturday, September 3 2011

Ammendment to California lemon law allows out-of-state purchases by active U.S. Military, moved to California to pursue California lemon law claims.

This is important news to active military. If you purchased or leased your vehicle while living in another state, and have been re-deployed or set new base in California, you are eligible (with proper documented and qualifying repair history) to pursue a California lemon law case and claim.

This recent ammendment makes it possible for all active military and their immediate family to get monetary relief under the California lemon law.

Active military and their immediate family are invited to call our offices at 1-800-225-3666 to find out more about their rights and remedies under our California lemon law.


California Lemon Law and your finances - Wednesday, August 31 2011

Your car(s) can be your greatest source of thousands in cash. We will introduce the 3 remedies available under the law...

Under our California lemon law, there are the two "known" legal remedies, and one "negotiated" legal remedy, when pursued by a lemon law attorney firm.

A vehicle "repurchase" (buyback) is first, with a agree-upon by both parties "new like replacement vehicle (a replacement only when a new vehicle is leased/purchased).

There is but a third option, and this is what is known as a "cash settlement", or as we call it "cash and keep". This is when a consumer does not want to give up their vehicle, but wants to be compensated for all the hassle and inconvenience of their multiple trips to the dealer for in-warranty repairs. This does not brand the vehicle a "lemon", or affect it's resale/trade-in value in any way. Compensation, through the attorneys negotiations, goes to the consumer, from the manufacturer, and through the attorney.

Find out for youself more information on this augmentation to your personal/family finances and income. Call us at 1-800-225-3666


Dealer Installed/Subletted - Tuesday, August 30 2011

Aftermarket truck "lift kits" may damage your truck, and void your new vehicle limited warranty from the manufacturer, and potentially nix your ability to use the California Lemon Law.

One of the most popular dealer-added accessories (modification) to new trucks are "lift kits". These "lifts" raise the truck off it's axles anywhere from 4" to 10". Here are some of the potential problems with doing this. When installed, it often changes the driveline's "pinion angle", causing undue binding and wear on the driveline components. This can cause premature part failures/wear-outs. The new vehicle limited warranty specifically notes 'modifications/abuse' as things that can VOID their responsibility to do warranty repairs. These modifictations, and a dealer *deciding* to do repairs at their own expense (but NOT under the manufacturers warranty) would NOT count towards "repair attempts" under our California Lemon Law. The consumer can vent to the dealer their frustration with lift-kit issues/problems, but must note they are dealing with the dealer. This is not a manufacturers issue unless the dealer does a manufacturer-approved WARRANTY claim.

To make matters worse, IF a consumer utilizes the California Lemon Law to get a buyback of a "lemon" truck, and a lift kit is fitted, it is the consumers responsibility to put the truck back to "stock" condition (no lift kit) solely at the consumers expense. The same goes for oversize wheels/tires.

So, before opting for that fancy "lifted" truck on the dealers lot, know what your risks are, and then proceed (or not) as you see fit.

If you have a truck that has had multiple warranty repair attempt visits to the dealer for the same general issue and you are interested in a possible lemon law claim, please call us at 1-800-225-3666. If you would like to speak with our Lemon Law Auto Expert Randy Sottile about your truck and it's issues, please call 1-858-342-0073

 


Private Party Purchase / Smog Certification - Sunday, August 28 2011

In California, when a person puts a used vehicle up for sale, they are responsible to have the vehicle smog-checked and get a certificate that it passed the "smog test". This is presented to the buyer before the expiration date of the certificate.

If you or someone you know purchased a used car private-party, and the vehicle was not sold with a valid smog certificate, the seller must pay for all necessary repairs and certification, or take the vehicle back and refund the buyers money.

It should be noted that when a consumer is looking at a used car for sale via private party, the first thing they should ask for is a copy of the smog certification.

Some cars are sold from out-of-state. Some cars are NOT certified by California Air Resources Board (CARB) for use/sale in California. Look under the vehicles hood for a smog label that states either "including California" or only "49 states". The key is too look for the word "California". This means it is certified for use and registration in California.

If you have any trouble finding the emmission label under the hood, bring the car to the franchised dealer for that brand, and have a Service Department Advisor show you where the label is located.


Buying a vehicle from out-of-state - Sunday, August 28 2011

How to buy without giving up your California Lemon Law rights.

When buying a car, truck, motorhome or other type of vehicle from out-of-state, the “golden rule” is this: “the price of the vehicle must include shipping to the consumer”. More specifically put, the dealer purchase agreement must have the seller as the shipper, with the price “includes shipping to buyer” in writing. Why? California Lemon Law requires that the vehicle must be purchased from a dealership in the state of California. IF a consumer purchases a vehicle from a dealer out-of-state, and the shipping is included, so that the customer takes delivery of the vehicle IN California via transport truck delivery, the law applies (the Bill of Lading would have the selling dealership as the SHIPPER, and the buyer as the CONSIGNEE). If the customer pays for shipping OR drives the vehicle back into California from out-of-state, the California Lemon Law does NOT apply.

Assuming you purchase your vehicle from out-of-state with shipping included, when the vehicle arrives the next step is to get a California smog certification, then go to the DMV and register the vehicle. This is where you will pay sales tax and license according to your county, and what you paid for the vehicle.

All too often this “not applicable to California Lemon Law” scenario is played-out by people purchasing motorhomes from out-of-state, on-line auction Ebay purchases, and other types of non-California originated transactions.

If you purchased a vehicle from out-of-state, the dealer paid for shipping, and it has had multiple repeat repairs under the factory warranty, we invite you to contact our offices at 1-800-225-3666 for a free case evaluation.


Would you like to do some lemon law reading and research?

Excellent. Below you will find a series of “lemon law” topics. Simply “click” your “mouse” on the topic that you want to read about.
 

California Lemon Law - The California Lemon Law
California Lemon Law - About The Law Offices of William R. McGee
California Lemon Law - We answer the top 7 questions
Why you should demand a "Retainer Agreement" be sent to you before allowing any attorney to represent you.
California Lemon Law - Before you hire any lemon law attorney
California Lemon Law - Why choose our law firm
California Lemon Law - How Do I Get Started?
California Lemon Law - Hiring California’s largest Lemon Law firm
California Lemon Law - Warranty repairs. What is a “repair attempt”?
California Lemon Law - Manufacturer’s “customer assistance” 800 #'s
California Lemon Law - Arbitration – what you should know
California Lemon Law - FAQ’s (Frequently Asked Questions – part 1)
California Lemon Law - FAQ’s (Frequently Asked Questions – part 2)
California Lemon Law - Used Car lemon law
California Lemon Law - Car dealership pressure sales tactics
California Lemon Law - See us on California’s freeways and highways
California Lemon Law - California Lemon Law Attorneys - Locations
California Lemon Law - The “No Cooling Off Period” rule
California Lemon Law - Car dealership contract fraud
California Lemon Law - Securing proper warranty repair documentation
California Lemon Law - Changes in the California Lemon Law
California Lemon Law - Senate Bill 1718 Passed
California Lemon Law - Submit your case information on-line
California Lemon Law - Contact us via e-mail
California Lemon Law - e-mail this site to a friend
California Lemon Law - Call us toll-free
California Lemon Law - Lemon in another state?
California Lemon Law - Read Client Testimonials
California Lemon Law - “Warranty Repair History” - What, Why, and How.
California Lemon Law - Automobile Manufacturer’s “solutions", “offers” and “releases” 
California Lemon Law - Turning frustration into “time well spent”
California Lemon Law - Your vehicle’s warranty book as it “applies” to California Lemon Law.
California Lemon Law – Quick Reference Guide

The California lemon law offers protection for buyers of new cars, trucks, motorhomes, and motorcycles. The California lemon law provides different options to the consumer and manufacturer. 

For California lemon law to apply to cars and trucks that qualify under the statute, the manufacturer must offer to replace or repurchase the offending lemon law vehicle, with the consumer not being forced to accept a replacement. California lemon law treats motorhomes and motorcycles differently. The California lemon law allows the manufacturer to repurchase or replace under the statute, at their discretion.

Automobile manufacturers will print warranty books that contain “instructions” for consumers that think they may have a lemon law vehicle that qualifies under California lemon law. Consumers must remember that these lemon law “instructions” or “steps to follow” are what the automobile manufacturer wants you to do, and is NOT the California lemon law. For example, many manufacturers warranty books will attempt to direct the consumer with a California lemon law claim to attend an arbitration hearing. Arbitration is NOT required under the California Lemon Law to pursue a lemon law claim. Nor is there any requirement under the California Lemon Law to bring a lemon law claim within 18 months or 18,000 miles. You as the consumer have the entire new vehicle limited warranty period (usually 3 years/36,000 miles or 4 years/50,000 miles) to bring your California lemon law claim. If the repeated problem continues AFTER the expiration of the warranty under the lemon law, in certain cases you may still be applicable to protection under the California lemon law. The California lemon law also uses the manufacturers “extra power-train warranty coverage” as lemon law protection for consumers. These “power-train” warranties often provide for repairs as long as 100,000 miles, and under the California lemon law can be utilized to qualify a vehicle as a “lemon”.

When our California lemon law was passed many years ago, the automobile manufacturers were allowed to set up NON-binding arbitration as an OPTION for the consumer to utilize in an attempt to settle their lemon law dispute. Consumers in California must realize that these dispute resolution mediums are often nothing more than a way for automobile manufacturers to be given “another chance” at fixing the consumers vehicle. One of the three potential decisions that can be handed down at an arbitration hearing is “the repair decision”. The automobile manufacturers representative argues to the arbitrator that the manufacturer should be given an additional attempt to repair the vehicle, or argue that they (coincidentally) “now have a fix developed” for the consumers repeated defect. The consumer often goes into a arbitration hearing expecting a “win” or “lose” decision, but becomes stunned when finding out that the outcome of their arbitration hearing for their lemon law claim is simply to have their vehicle repaired again! Arbitrators are not lawyers. Arbitration is NOT required to pursue legal remedy in California under the lemon law.

“Customer Assistance Centers”. Consumers can call the manufacturers toll-free “assistance center”. They can explain that they feel they have a vehicle that qualifies under the California lemon law. The representatives will give out a “case number” to the consumer. Often times the unknowing consumer thinks this “case” number means something, especially when followed by the potential language of “we are opening a case number for you”. Consumers can be potentially mislead that this is the “opening” or “start” of a legal California lemon law case. It is NOT. A “case number” is often nothing more than a REFERENCE number to the consumer calling in their complaint(s) that allows the automobile manufacturer to establish a numerical file on the consumers call-in. 

“Dealer Trade Assist”. Consumers need to be VERY aware of this “trick of the automobile trade”. Consumers who have been having repeated problems with their vehicle will often seek lemon law relief by asking their car dealer to “buy back” or replace their vehicle. What the consumer does NOT know is that the dealer has nothing to do with the California lemon law, nor do they have any responsibility under the California lemon law to repurchase or replace the offending vehicle. This is where “opportunity knocks” for the car dealer in many instances. The car dealer “responds” to the consumers request by “offering” to resolve the consumers dreadful car situation by offering “to take them out of their car” or “get you out of this car and into a new one” or similar verbage. This is NOT the California lemon law. This is an example of an opportunistic dealer sales tactic of making the consumer believe that they are getting California lemon law relief, but in reality the car dealer is taking the offending vehicle in trade, and simply selling the consumer another vehicle! The dealer often hears consumers say “you have to get me out of this vehicle”. They are simply taking the customers grief and turning it into profit, while the consumer loses part or all of their earned equity in their vehicle, often resulting in the loss of thousands of dollars. This “dealer trade assist” can often result in the dealer inflating the price of the “replacement” car and putting the consumer further into debt. Consumers should be very aware that the car dealership is in business to make a profit, and to sell cars. The “dealer trade assist” is just another example of how a consumer in California can unknowingly THINK they are getting relief from the California lemon law, but are simply being taken advantage of.

What is the consumer to do? Consumers can simply the entire California lemon law process by utilizing the services of a lemon law attorney. We are The Law Offices of William R. McGee, California Lemon Law Attorneys, California’s largest lemon law firm. You can call us toll-free at 1-800-CA-LEMON (1-800-225-3666) for a free consultation or review of your repair documents to see if you qualify for protection and relief under the California lemon law. The California lemon law has a provision for attorney’s fees, making the automobile manufacturer pay the attorney for time spent on a lemon law claim.

Law Offices of William R. McGee
California Lemon Law Attorneys

Glendale Office
411 N. Central Ave.
Suite 230
Glendale, CA. 91208

818-548-6067

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