California Lemon Law Blog

On November 24th, Safercar.gov reported that General Motors was initiating a recall that could affect approximately 192,676 GM and Isuzu pickup trucks because of an issue with the system that secures child safety seats. Included in the recall are GMC Canyon and Chevrolet Colorado models manufactured between 2004 and 2011, I-280 and I-350 Isuzu pickup models manufactured in 2006 and I-370 models that were manufactured in 2007 and 2008.

All of the pickup trucks that are being recalled have bench-style front seats and no rear seats. The problem with the trucks is that owners aren’t able to reach the top child seat anchor for the front seat’s center. Additionally, the owner’s manual for each of the trucks doesn’t have instructions on how to use the top anchor.

GM as well as the National Highway Traffic Safety Administration (NHTSA) discourages owners from placing child safety seats in the front seats of motor vehicles. The NHTSA has stated that the access deficiency to the top tether anchor as well as the lack of instructions in the owner’s manual could cause owners to improperly install their child safety seat which would increase the risk of injury or death of a child in an accident.

According to GM spokesman Alan Adler, no accidents or injuries have been linked to problems with the recalled pickup trucks. To fix the problem, dealers will cut a hole in the back panel of the pickup truck to allow access to the top tether anchor for the front seats. The auto manufacturer will also give owners information regarding how to secure child safety seats properly.

If you own one of the recalled vehicles, contact GM at 1-866-996-9463, Chevrolet at 1-800-630-2438, or Isuzu at 1-800-255-6727. You may also visit the GM website at www.gmownercenter.com for more information about the recall.

All auto manufacturers have a responsibility to consumers to sell vehicles that don’t have inherent problems and aren’t dangerous for motorists to drive. However, auto manufacturing mistakes can be made, and if you have purchased a vehicle that has required multiple repairs, it could be a lemon. Under the lemon law in California, you could receive a refund for your defective vehicle or a replacement car.

Highly experienced and skilled California attorney Howard D. Silver offers consultations free of charge for any consumer affected by a lemon vehicle. Contact Mr. Silver at 866-49-LEMON today to find out how he can help you with your lemon vehicle.

The FTC’s Used Car Rule requires dealers to include a Buyers Guide with every used motor vehicle they sell, including demonstrators, program cars, trucks and vans. Demonstrators are new vehicles that haven’t been leased, owned, or used as a rental by a consumer but have been driven by staff at a dealership. Program cars are current year model vehicles that have low mileage and were returned to the dealer from short-term rentals or leases. Buyers Guides are not required to be posted on some recreational vehicles or motorcycles, and any dealer that sells less than six vehicles annually.

The Buyers Guide must inform you:

• If the vehicle being purchased is being sold with a warranty or “as is”;
• Details regarding the major electrical and mechanical systems on the vehicle, including what major problems you should watch for;
• What repair cost percentage the dealer will pay under the warranty;
• That spoken promises between you and the dealer can be hard to enforce;
• That any promises by the dealer should be in writing;
• That you should have the vehicle inspected by an independent mechanic before you purchase the vehicle; and
• That you should keep the Buyers Guide after the sale for reference.

When you are purchasing a used vehicle from a dealer, make sure you receive a Buyers Guide. It must show any changes that you and the dealer negotiated regarding the vehicle’s warranty. The Guide also becomes part of the sales contract and supersedes any contrary provisions. For instance, if the Guide states that the vehicle comes with a warranty, but the contract the dealer is offering states that the vehicle is being sold “as is,” the dealer must provide you with the warranty the Guide describes.

If you live in California and you are thinking of buying a used vehicle, it would be a good idea to read the Consumer’s Guide to Buying a Used Car in California by Howard D. Silver before visiting a used car dealership. Mr. Silver has years of experience representing people who bought a lemon vehicle from a used car dealer. To find out how he can help you, call 866-49-LEMON today.

An article published by online news outlet TheUnion.com details a recent class action settlement regarding a Grass Valley, California used car dealership. Over 100 customers were charged improper tire fees after purchasing used motor vehicles through the dealership, which now has to pay each customer $350. The cars were purchased between 2005 and 2009, and customers were charged a tire fee that only should have applied to new tires.

According to court documents, the class action was sparked by one couple who purchased a used 2001 Chevrolet Cavalier from the dealership in November of 2007. The couple was charged a tire fee that only applied to a purchaser of new tires and were also informed they would need to buy gap insurance in order to receive financing. Within a month of purchasing the vehicle, the couple discovered multiple problems, taking it in to the dealership for repairs. Unfortunately, more and more damage was discovered, which led the couple to believe that the vehicle had been misrepresented at the time of purchase.

When the couple attempted to get out of their contract, the used car dealership offered them $3,000 when the couple had paid $9,000 the month before. After hiring a California lemon law attorney, they filed a lawsuit that settled for $22,500.

If you are considering purchasing a used vehicle in California, you should refer to Howard Silver’s Consumer’s Guide to Buying a Used Car in California for more information. Those purchasing a used car need to make sure the used vehicle they are thinking of buying is not a lemon. As an experienced and knowledgeable California lemon law attorney, Mr. Silver has represented many individuals who have purchased a lemon vehicle from a used car dealership. Call 1-866-49-LEMON today to find out how Mr. Silver can help you.

On Friday, November 5, a recall affecting approximately 2,300 Mercedes-Benz sedans and sport utility vehicles (SUVs) was issued by Daimler AG, according to ABC News. A German car corporation, Daimler AG is the world’s 13th largest manufacturer of cars as well as the 2nd largest truck manufacturer.

The recall was issued in response to faulty fuel filters that have the potential to leak diesel fuel. According to the manufacturer, a lack of lubrication within the engine of the diesel vehicle could potentially cause the fuel filters to leak onto roads and highways. According to Rob Moran, the spokesperson for Mercedes-Benz USA, no injuries related to the recalled vehicles have been reported to the manufacturer.

The recall affects some 2011 GL, M, and R Class SUVs as well as 2011 E Class sedans. All vehicles affected by the recall were produced between November 2009 and October 2010.

Mercedes-Benz stated that owners of recalled vehicles will be notified shortly, and that dealerships will replace the defective fuel filters free of charge.

This year has seen a number of large motor vehicle recalls, including GM, Subaru, Cadillac, Volkswagen, Lexus and Toyota. For the Toyota recall, over 10 million Toyota motor vehicles between 2009 and 2010 were affected.

It is the duty of car manufacturers to produce motor vehicles that are safe for consumers to operate and are free of defects. If your car requires multiple repairs, it may be a lemon. Under California new and used car lemon law, you may be able to receive a full refund for your lemon vehicle or a new car.

An experienced California lemon law attorney, Howard D. Silver offers free consultations for those affected by vehicle recalls, car fraud, and lemon vehicles. Call Mr. Silver today at 866-49-LEMON to find out how he can protect your rights as a consumer.

Vehicle safety should be one of the most important points on an auto manufacturer’s agenda. But that’s not all—it should be a major concern for rental car companies as well. At the forefront of current issues surrounding recalled vehicles is the debate as to whether the rental car industry should adhere to stricter rules limiting the use and monitoring of recalled cars.

According to a recent Washington Post article, the Center for Auto Safety and the Consumers for Auto Reliability and Safety asked the Federal Trade Commission to require Enterprise Holdings (the largest rental company in the U.S. made up of Enterprise, National and Alamo) to alter its policies and remove recalled vehicles from their rental fleets until they are properly fixed. The two groups argue that rental car companies throughout the United States fail to repair vehicles in a timely fashion as a way to save money. The question stands as to why the rental car industry should not have to fix vehicles under recall notice before renting them to customers in the same way that dealers fix recalled vehicles before they can be sold.

The potential safety threat is presented when rental car company customers do not know whether the vehicle they rent has been subject to a recall. This issue has been highlighted by a recent verdict for a 2004 fatal accident involving a PT Cruiser rental that had been recalled for a defective power steering hose that could initiate engine fires. Two sisters were killed in California due to a loss of steering ability from the vehicle defect. Moreover, concern regarding the state of vehicles being rented through these prominent rental car companies has increased due to the succession of Toyota safety recalls this year and other recalls by large automakers.

Until further legislation is created, you may want to make sure that the car you are about to rent has not been included in a safety recall before you enter into a contract to rent the vehicle. If you have any questions regarding your rights as a consumer, please contact California lawyer Howard D. Silver. Call 1-866-49-LEMON today for a free consultation.