California Lemon Law Blog

Under the California lemon law, if a manufacturer fails to fix a defective vehicle within a reasonable number of attempts, the manufacturer may be forced to purchase the vehicle from the consumer. When this happens, the vehicle is now the property of the car manufacturer, who understandably wants to realize some profit from the vehicle.

In order to re-sell the vehicle, the manufacturer is required by California law to clearly identify the vehicle as a lemon law buyback.

The California Department of Consumer Affairs has created a website with information about lemon law buybacks and how to identify them on a car dealer’s lot. Here is an overview of what the manufacturer is required to include for the lemon buyback vehicle:

• Title must be in the manufacturer’s name
• Certificate of Title and Registration Certificate must be marked Lemon Law Buyback
• A Lemon Law Buyback Decal should be attached to either the left door frame, left side of vehicle, or the frame of a major entry

If you are sold a lemon law buyback vehicle, you are required to receive a hard copy notification of the defect status of the vehicle. This notification must contain the following information:

• Year, make and model of the vehicle
• VIN Number
• Title is marked Lemon Law Buyback
• Known defects experienced by previous owner
• Repair attempts made to address the known defects

If you have any questions or concerns about the California lemon laws or lemon law buybacks, please contact the Law Offices of Howard D. Silver. Call 866-49-LEMON for a free consultation with a skilled California lemon law attorney with over twenty years of experience representing consumers.

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Although being stuck with a lemon car in California can be frustrating, it is important that you stay calm and keep good records of all details. The rules and regulations that surround California defective vehicles have to be followed if you wish to be compensated for your car troubles.

Document Repairs

A vital component for surviving a California lemon vehicle and getting compensated for your troubles, is keeping good records of repair efforts made on your vehicle. Here are a couple of key things to remember when documenting repair efforts:

• List specific problems for each repair attempt
• Include the dates that the vehicle is sent in for repair and when it is returned
• Get a copy of the mechanic’s repair assessment for each repair attempt

In California, a vehicle is presumed to be a lemon if:
• There are at least two safety (and four non-safety) related repairs in the first 18 months or 18,000 miles of ownership or at least 30 days in service to repair these defects in the same period of time.

If you have any questions of concerns about the California lemon law, please contact the Law Offices of Howard D. Silver. Call 866-49-LEMON for a free consultation with a skilled California lemon law attorney.

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Brands are descriptions of conditions in a vehicle’s history usually placed on the vehicle’s Certificate of Title or registration card. Brand information should be clear and specific to ensure that vehicle owners and prospective buyers are aware of what has happened to the vehicle in the past.

California Vehicle Title Brands

Currently the state of California recognizes a handful of vehicle history brands that are required by the California Department of Motor Vehicles to be disclosed on the title:

• Non-USA: Not all countries have the same vehicle standards as the USA that repairs/retrofitting that has been performed on the vehicle must be disclosed.
• Original Taxi (Prior Taxi): Vehicle used for hire and may have extensive mileage
• Remanufactured: Car has been rebuilt with used or reconditioned parts
• Salvage: Car extensively damaged, possibly junked. Cars with this brand can be repaired and returned to the roads; if so, they will bear a Revived Salvage brand.
• Warranty Return/Lemon Law Buyback: Car returned to dealer or manufacturer under the terms of the California Lemon Law. Defects may still be present.

For more information about branded titles and the California Lemon Law, please contact the Law Offices of Howard D. Silver. Call 866-49-LEMON for a free consultation with a skilled California lemon law attorney.

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The California Department of Motor Vehicles reports that an auto dealer and his wife have been arrested for their part in an alleged multimillion-dollar auto loan scheme.

This California auto fraud case underscores the need for consumers to be very careful with the information that they give to an auto dealer who also provides financing. Unscrupulous dealers can use that information to apply for additional car loans or home loans, potentially putting an innocent car buyer on the hook for more than he or she bargained for.

Tips for Safe Auto Financing

• Never sign a loan application with blank spaces for the dealer to “fill in later.”
• Always read any financial application form completely before signing
• Never sign backdated financial forms, including auto loan applications

If you have any questions or concerns about auto loan fraud or fraudulent auto dealer practices, please contact the Law Offices of Howard D. Silver. Call 866-49-LEMON for a free consultation with a skilled California used car fraud attorney.

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According to a 10News report dated February 17, 2009, a 21-year-old Marine named Bradley Waterman was killed on Route 66 after his motorcycle spun out of control. CHP and Military authorities have yet to determine the cause of the accident. The Indiana native apparently lost control of his bike and drove into an oncoming pickup truck. The driver of the truck responsibly stopped and attempted life saving measures, but resuscitation attempts failed at the scene.

Despite his relatively young age, Waterman had received numerous decorations from the Marine Corps and Navy, including medals for serving in the Iraq campaign. He was based out of Camp Pendleton.

The death of a vital young 21-year-old Marine would be tragic in any context. In fact, given that so many motorcycle crashes are preventable, the situation seems even more frustrating and saddening.

Finding the ultimate cause of a bike crash can be an involved business. Automotive forensic science has made strides in the past decade, there is still much we don’t know about why crashes occur when they do.

If you believe your injuries or a loved one’s injuries may have been caused by a lemon motorcycle, call Howard Silver, skilled California lemon law attorney for help at 866-49-LEMON.

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According to the California Department of Motor Vehicles, the Vehicle License Fee (VLF) that the state charges car owners is slated to nearly double on May 19, 2009. The VLF is a value-based tax charged to vehicle owners when they renew their vehicle registration with the DMV each year.

Currently the VLF is set at 0.65 percent of the purchase price of the vehicle (65 cents per 100 dollars of the sale price). New legislation pushed through to combat California’s budget deficit will increase this fee to 1.15 percent, or $1.15 per 100 dollars of the purchase price of the vehicle. The increase is earmarked for the state’s general fund with a portion going towards the Transportation Tax Fund.

The fee increase will target certain smaller vehicle classes—namely automobiles, motorcycles, trailer coaches and commercial vehicles with a gross weight under 10,000 pounds. Commercial vehicles weighing more than 10,000 pounds and vehicles currently exempt from paying VLF will be exempt from the increase.

Please keep in mind that the fee is based on the due date of your vehicle’s California registration fees. Paying your fees early will not exempt you from the increase. On the bright side, paying your fees late will not make you liable for the increased amount, provided your registration fee due date is before May 19, 2009.

The increased VLF fees are scheduled to remain in place until June 2011.

If you have any questions or concerns about California vehicle laws, please contact the Law Offices of Howard D. Silver. Call 866-49-LEMON for a free consultation with a skilled California lemon law attorney.

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