California Lemon Law Blog

Toyota has recently recalled approximately 270,000 cars worldwide under its luxury brand name, Lexus, according to a Daily Finance report. The defect sparking the recall involves a faulty valve spring, which may cause abnormal engine noises or idling. In isolated instances, the defect has resulted in the engine shutting off while the vehicle is in operation.

The company suspects that foreign matter contaminating the valve spring during manufacturing caused the problem. In August 2008, Toyota modified its process to produce a thicker spring. Toyota has also instituted improved monitoring of the parts’ production. Toyota first started receiving complaints about the problem in Japan more than three years ago, but failed to issue a recall until earlier this month.

The recall is expected to affect around 138,000 vehicles in the United States, all under the Lexus brand name. The recall only affects cars manufactured before August 2008, as Toyota contends that the problem was fixed in vehicles manufactured after that date. Recalled vehicles will have the valve spring replaced at no charge to the owner.

Automobile manufacturing defects can prove to be a significant inconvenience to car owners, not to mention result in costly repairs. If you are a resident of California and need help understanding your rights as a consumer, connect with a Los Angeles Toyota lemon law attorney at the Law Offices of Howard D. Silver to learn more about your rights. Call 866-49-LEMON for a free consultation about your case.

When buying a new or used car, it's important for consumers to remember that they have rights. Both new and used vehicles still under the manufacturer's warranty are covered under the California lemon law, giving consumers peace of mind during such a major purchase. If a vehicle turns out to be defective in a way that compromises its use, safety or value, the vehicle owner could be entitled to his money back or a replacement vehicle.

According to the California Office of the Attorney General, a defective vehicle is declared a "lemon" only after a reasonable number of repair attempts have been made and failed to correct the issue. California's lemon law is set in place to help determine how many repair attempts are considered a reasonable amount. This can vary from vehicle to vehicle depending on the severity of the defect.

During the first 18 months or 18,000 miles, it is presumed that a vehicle is a lemon if:

• a problem likely to cause harm or death has been subject to repair at least twice and the manufacturer has been notified that the repair needs to be fixed per the vehicle's warranty;


• a problem has been subject to repair at least four times and the manufacturer has been notified that the repair needs to be fixed per the vehicle's warranty; and/or


• a vehicle is out of service for a total of at least 30 days.

California lemon law can be complex, but it is important for consumers to fully understand their rights when purchasing a vehicle. To learn more about how to protect your rights as a consumer, please contact skilled Southern California automobile lemon law attorney Howard D. Silver at the Law Offices of Howard D. Silver. Call 866-49-LEMON today for a free consultation.

U.S. regulators have not been able to link the unintended acceleration problems resulting in a massive Toyota Motor Corporation car recall to any electronic defect, the Dow Jones Newswire reports. A substantial contingent, including members of Congress, consumer advocates and product liability attorneys, are convinced that the acceleration issues can be tied to a defect in the electronic-throttle-control system in the affected vehicles.

Officials looking into the Toyota recall have found that the accelerator problem is only attributable to a poorly designed floor mat that would trap the gas pedal when compressed and the tendency of some pedals to be slow in returning to idle. Both of these factors are physical, not electronic.

The NHTSA has enlisted the assistance of NASA engineers in their ongoing investigation into the causes of unintended acceleration. While the prospect of an electronic cause has not been completely ruled out, thus far perhaps most Toyota car accidents were caused by poorly designed physical components.

If you have questions about the safety of your vehicle or suspect it may be a lemon, you may be entitled to compensation under the California lemon law. Call the experienced lemon law lawyers in California at the Law Offices of Howard D. Silver for a free consultation about your case: 866-49-LEMON.

Consumers in California are lucky to have legal rights and protections put in place by the Song-Beverly Consumer Warranty Act, also known as the California lemon law, which covers the lease or purchase of new motor vehicles. If a new car has chronic problems that cannot be repaired after a reasonable number of attempts, the car owner may be entitled to either a refund or a new vehicle. Unfortunately, many California residents are not fully educated about the rights afforded under the CA lemon law.

Fortunately, the Internet provides a great resource for consumers to conduct independent research. One great resource can be found at www.carcomplaints.com. This website provides an open forum for car owners to report any issues they are having with their vehicles. Complaints are compiled by type, and the website generates summaries of common complaints, problem trends and ranks the gravity of the complaints.

Through this sort of public review process, car owners or prospective car buyers can educate themselves about problems with their vehicles with data from first-hand sources rather than filtered through various media outlets. In fact, if you are considering purchasing or leasing a new car, first review the common complaints about the model you are considering.

On the other hand, if you have already purchased a new car and are experiencing some of the same issues that appear on the complaint boards, you may be entitled to compensation under the California Song-Beverly Consumer Warranty Act. Seek the legal guidance of the experienced consumer warranty attorneys at the Law Offices of Howard D. Silver. Call 866-49-LEMON today for a free consultation.

In recent years, car manufacturers have been under attack for instituting what have come to be known as “secret warranties.” Officially called service bulletins by the industry, manufacturers will issue these bulletins when they discover a defect in one of their vehicles that isn’t safety related. Unlike a safety recall, service bulletins are not widely publicized. Consumers often are not provided notice of the bulletin. There is no automatic reimbursement for prior repairs, and they often include expiration dates.

According to a 9 News Now article, a common complaint among car owners is that they were never made aware of service bulletins and their entitlement to manufacturer-sponsored repairs. As a result, consumers may pay substantial amounts of money for repairs for something the manufacturer acknowledges is defective. Once consumers are made aware of the existence of a secret warranty, the company may agree only to pay for the most recent repair or may claim the warranty has already expired and refuse to pay for anything.

California Civil Code Sections 1795.90-1795.93 provide certain rights and protections to California car owners. Dealers or manufacturers may be required to disclose to buyers service bulletins that have been issued for their products.

If you have been denied your rights under the Warranty Law, the experienced attorneys at the Law Offices of Howard D. Silver will ensure that you receive the monetary compensation you deserve. Call today for a free consultation: 866-49-LEMON.

With the economy in the tank, and people losing jobs daily, many prospective car buyers are considering pre-owned vehicles. Buying a used vehicle is an effective way of getting a quality vehicle at a lower price. However, investing in a pre-owned vehicle carries significant risks. How can you know that the vehicle isn’t spruced up to look nice but may have significant problems?

Online resources like Carfax.com can run a background check on the vehicle. They are also a good place to start. However, these websites rely on honest dealers and insurance companies to report information, and therefore are only as good as the information they are provided. For a more comprehensive history, prospective buyers can request records from their local DMV.

A NewsNet5.com article states that experts also recommend buying a factory certified car when possible. Unlike buying a car as-is, the manufacturer’s warranty will cover a factory certified car in case it requires future repairs.

Continue reading " What to Look for When Buying Used Vehicles " »

GM is recalling approximately 1.5 million of its vehicles due to a defect in its heated windshield wiper fluid mechanism that may cause cars to catch on fire, the LA Times reports. GM has preemptively offered to pay owners of the recalled cars $100 to allow the company to disable the heating mechanism entirely, which it has been unable to fix.

This action comes in the wake of the recent Toyota Motor Corporation recall-related public relations quagmire. U.S. automakers are jumping at the opportunity to demonstrate their commitment to vehicle safety and willingness to report and rectify product defects as soon as they are discovered.

By voluntarily offering monetary compensation early in the recall process, GM hopes to avoid lasting damage to the company’s image. The roughly $150 million GM will pay out to consumers as a result of the recall pales in comparison with the potential losses in market viability that accompany consumer lack of confidence.

Continue reading " GM to Compensate Car Owners for Faulty Windshield Fluid Mechanism " »

A class action lawsuit has been filed against Volkswagen (VW) alleging that the company willfully covered up a defect with vehicle headlights. Consumer Affairs reports that the lawsuit is demanding that VW pay owners of the affected vehicles for all attempts made to repair the problem.

The lawsuit alleges that although the headlights appear to function normally when first turned on, they sporadically shut off. The defect poses a potential safety hazard. The lawsuit accuses VW of being aware of the issue since 2004 but not disclosing it. According to the article, car owners were told this was an “isolated issue,” or that the defect “did not manifest [itself] during repair visits." Consumers were told that headlight repairs were not covered under warranty. Consumer reports wrote that dealers would often use faulty headlights as a replacement, forcing consumers to return for further repairs.

In support of the claim that VW was previously aware of the issue, the lawsuit cites two secret technical service bulletins (TSBs) dating back to May 2006, informing VW dealerships of the headlight defect. The suit also alleges that VW instituted a “clandestine program” to reimburse the most vocal affected car owners in order to keep the defect under wraps. Such a policy would be in direct conflict with California's Secret Warranty Act, which prohibits dealers from making warranty repairs on a case-by-case basis.

Purchasing a new vehicle can be risky. California law protects consumers from dealer or manufacturer fraud. If you believe you have been defrauded or sold a defective car, contact skilled attorney Howard D. Silver for a free consultation about your case. Call 866-49-LEMON today.