Posted On: June 28, 2010

Orange County Car Owner Receives Settlement for Lemon Vehicle

Consumers often wonder how bad the problems with a vehicle need to be in order for the California lemon law to apply. In a nutshell, the problem must significantly weaken the value, use or safety of the vehicle. When determining what qualifies as a defect to the average person, a consumer can reflect on the following:

  • whether past repair attempts have been successful,

  • the cost and length of time for repair,

  • the degree to which the vehicle could be used while awaiting repair,

  • the availability and cost of comparable transportation during the repairs, and more.

According to an OC Register article, a man received $29,000 from Toyota after a lengthy dispute over a vehicle he claimed was a lemon. According to the article, the man bought his Toyota Tundra for about $35,000 and was not satisfied with the “odd” sound of its 5.7-liter V8 engine. This case is unique; however, the sound did not seem to affect the truck’s performance. In addition, the owner stated that the truck did not sound problematic when he took it for a test-drive and the General Manager at the dealership would have purchased the truck back from the owner, had it not been damaged in a minor collision. Nevertheless, despite his lemon law arbitration in 2007 when the arbitrator determined that the truck was “operating as designed”, the man parked his vehicle in front of the dealership and advertised that he had been sold a lemon.

As this case demonstrates, some individuals will go to great lengths to prove that their vehicle is a lemon. However, you may want to consider contacting a lemon law attorney in California with substantial experience handling lemon law cases instead of taking such drastic measures. Get in touch with Howard D. Silver if you believe that you’ve been sold a lemon vehicle. Howard D. Silver will inform you of your rights under the California lemon law. Call 866-49-LEMON today to schedule a free consultation.

Posted On: June 25, 2010

Motorcycle Consumer Protection Rights in California

It can be a frustrating and intimidating experience as a consumer when you buy a new or used motorcycle in California only to find out that the motorcycle has considerable flaws. Owners of defective or under-performing motorcycles may be protected by the Song-Beverly Consumer Warranty Act if the following points are established:

  • The motorcycle was purchased or leased in California.

  • The sale of the motorcycle included a warranty covering the defect you are complaining about.

  • You have evidence that you took the motorcycle to the manufacturer’s repair facility to be repaired, but the problems persisted and could not be fixed after a “reasonable” number of attempts.

As a consumer, we expect the vehicles we purchase, including motorcycles, to fulfill their advertised purpose and function. While no one expects that they will invest thousands of dollars in a motorcycle only to discover later that the motorcycle is a “lemon”, there are solutions available to resolve your problem.

Understanding your rights and duties under the Song-Beverly Consumer Warranty Act can be a challenge. If you have any questions regarding whether your specific situation may entitle you to a new motorcycle or your money back, please contact skilled California motorcycle lemon law attorney Howard D. Silver. Call 1-866-49-LEMON today to set up a free consultation or visit http://www.california-motorcyclelemonlaw.com/ for more helpful information.