California Lemon Law Blog

Before you jump at the chance of purchasing a used vehicle in California, one of the most important things to check is the vehicle’s title. The title documents a vehicle’s history including whether the vehicle has been salvaged, totaled, reconditioned, junked, damaged, a lemon law buyback, or rebuilt.

When a vehicle has a salvage title, it means that the car has been officially identified as a “total loss”, which can jeopardize financing for the vehicle and raise other potential problems. A salvaged car is one that was in an accident or sustained significant damage from another incident such as vandalism or a flood. A salvaged vehicle can also be a previously dismantled or junked car.

Even if the used vehicle you would like to purchase does not have a salvaged title, you may still want to check for any signs of a salvage history. A few things to check include whether there are indications of considerable repairs on inner fender components; airbag covers inaccurately installed or resealed; rust, mold, or mud under the carpet in the trunk; Vehicle Identification Number (VIN) plate connected with objects other than rivets; and National Highway Traffic Safety Administration (NHTSA) labels that are missing and instead on doors, inside hood, hatchback, or tailgate.

One of the most common types of used-car fraud occurs when a seller or dealer fails to disclose that a vehicle has a salvage title. While all dealerships and sellers are legally obligated to disclose a vehicle’s salvage title and history, the law is more difficult to enforce than most consumers realize. If you believe that the seller or dealer who sold you your used car did not reveal its true vehicle history, get in touch with Howard D. Silver. As a skilled California used car fraud lawyer, Mr. Silver can examine the circumstances surrounding your situation and help you decide on the best course of action. Call 1-866-49-LEMON today for a free consultation.

Toyota is recalling 1.13 million Corolla and Matrix cars, which could potentially stall without warning. 2005 to 2008 Toyota Matrix and Corollas will be recalled for inspection and part replacement. According to a Bloomberg news report, about 200,000 Pontiac Vibe hatchbacks are also part of the recall as they were manufactured at the same plant as the Toyota models. So far, at least three accidents have been linked to the defect.

This vehicle recall is unrelated to the Toyota recall of 3.8 million vehicles that began at the end of 2009 or the recall of 2.3 million vehicles in January of 2010 linked to sudden acceleration. Prior to this recall, the National Highway Traffic Safety Administration (NHTSA) received 163 complaints of stalling and six crashes since November 2009.

If you have a new car that has already had multiple unsuccessful repair attempts, please contact the Law Offices of Howard D. Silver at 1-866-49-LEMON today for a free consultation about your problem.

When an auto maker discovers a manufacturing defect affecting a number of their vehicles, it is their responsibility to take the necessary steps to ensure that the defect is corrected and that owners of the affected vehicles are notified. Recalls are often a last resort, as these can not only cost manufacturers millions, but also, as the recent Toyota controversy demonstrates, cause serious damage to a company’s public image. The decision to issue a recall typically rests on whether the defect carries a significant safety risk and is usually in conjunction with NHTSA studies or support.

Claes Bell of Bankrate.com offers some useful advice for car owners on how to handle a vehicle recall in California and nationwide. First and foremost, Bell urges that owners act quickly upon receipt of a recall notice. Often consumers affected by a recall let the logistics of bringing their car in for repairs overwhelm them. However, putting off getting necessary repairs can greatly increase safety risks.

Second, Bell recommends that the owner keep all documentation relating to recall repairs. Documentation may be needed as evidence the repair was done if the owner wishes to sell the vehicle in the future. Finally, Bell emphasizes that dealerships are required to perform at least one recall repair free of charge. A dealership’s refusal to perform the repair for free should be referred to the NHTSA or to the manufacturer.

In addition to the rights provided under federal recall standards, California has some of the toughest laws regarding consumer protections in the United States. If you feel you have been sold a defective vehicle, you may be entitled to free repairs, a refund of your money in its entirety, or a new car. Call experienced California lemon law attorney Howard D. Silver for a free consultation about your case at (866) 46-LEMON.

As consumers feel the financial pressure of a weakened economy, many people looking to buy a new car are considering pre-owned options. Although buying used can save you a bundle of money, watch out for used car fraud. The Better Business Bureau (BBB), a non-profit consumer marketplace watchdog group, has compiled a list of some of the more common scams and things to look out for when in the market for a used car:

1. Odometer rollbacks. Used car dealers alter odometer readings to make it appear as though the car has less mileage. Documents showing inaccurate mileage information can also be forged. Lower mileage on a car can increase its value and consumers may pay more than what the car is actually worth.


2. Damage disclosure, salvage and rebuilt titles. These titles are issued by the state when a car has sustained damage as the result of an accident, when an insurance company takes possession of a vehicle and when a damaged vehicle has been rebuilt or reconstructed, respectively. If a car has any of these titles, it may indicate that the car has sustained significant damage and its reliability could be compromised. A Junk title is issued when the state deems a car not road-worthy.


3. Unauthorized or questionable dealers. The BBB warns consumers to avoid buying from vacant lots or from people otherwise posing as private individual sellers. These are common warning signs of a scam.

As a general rule, the BBB recommends that all consumers do thorough research on a used vehicle before purchasing.

If you suspect you have been the victim of used car fraud, California used car fraud attorney Howard D. Silver has extensive experience in defending the rights of consumers. Call today for a free consultation at (866) 46-LEMON.