California Lemon Law Blog

McCann Motors, a Cadillac, Hummer and Saab auto dealer based in Fife, Washington, is being investigated by the Washington Attorney General regarding cars the dealership bought at a California auction after the vehicles were flagged as having possible auto defects. According to an article in the Business Examiner, the state Attorney General accused the dealership of selling the defective vehicles without providing all of the disclosure documentation mandated by state law. The investigation involved 79 cars that were bought in California and resold in Washington.

State attorneys and dealership officials reached an agreement in which the dealership agreed to pay $12,000 in fees and contact buyers to resolve the matter – all without admitting any wrongdoing. While those who purchased the vehicles signed paperwork that included notices that the cars had been repurchased under a California Lemon buyback law, the extent of the notification did not apparently include all the disclosures required by the law in Washington State.

Used car fraud is forbidden in this state by the California Consumer Legal Remedies Act, which prohibits used vehicle dealers from using unfair and deceptive business practices to sell their products. Not disclosing that the car is a “lemon buyback” or that the original owner returned the vehicle for a refund is a common type of used car fraud.

Victims of used car fraud in California should approach the dealer first for a resolution of the problem relating to the contract or warranty. If you are not successful with the dealer you may have to file a lawsuit to get your money back. In a used car fraud lawsuit, you may be able to recover the cost of the car, cost of repairs, rental car coverage, attorney’s fees or any other expenses related to the lemon vehicle. If you or someone you know has been a victim of used car fraud, please call the Law Office of Howard Silver for a free consultation.

This month, Florida’s Lemon Law turned 20. The program has already given $376 million to the state’s consumers in refunds and replacements for the defective new “lemon” vehicles they bought. According to this news report, Florida’s Lemon Law program has produced refunds or replacement vehicles for more than 14,000 consumers.

Florida’s Lemon Law, like California’s, gives vehicle manufacturers a reasonable number of repair attempts to fix substantial problems in motor vehicles. If manufacturers fail to do so they are required to buy back the defective vehicle and either give the consumer a full refund or provide a replacement vehicle.

Continue reading " Florida’s Lemon Law Turns 20, Works Out Well For Consumers " »

BMW has recalled about 150,000 vehicles to fix a possible auto part defect that may prevent the front passenger airbag from deploying during an auto accident. According to a Reuters news report, this voluntary recall involves the front passenger airbag seat sensor mat in some of the 2004 to 2006 model year vehicles. The National Highway Transportation Safety Administration (NHTSA), following an investigation said that there were 200,000 of these BMWs with defective airbags in North America. In response, the German auto maker says 50,000 of these vehicles already received new sensor mats, which work the way they’re supposed to.

BMW models that will be affected by this recall include the 2006 3-Series, 2004-06 5-Series and 2004-06 X3 vehicles. Expect the recall letters to arrive in your mailbox starting in late September. They say car owners affected by this recall may continue to drive their vehicles unless the airbag warning lamp and passenger airbag “on-off” lamp illuminate at the same time.

Vehicle manufacturing defects do happen. Sometimes, manufacturers issue recalls and offer to fix the problem for free. If you believe you own a defective vehicle or a lemon that you’ve tried to fix, call the Law Offices of Howard D. Silver to find out how you can get rid of your California lemon auto and obtain a refund or a replacement vehicle in its place.