California Lemon Law Blog

According to Reuters, the American branch of Honda Motor Co. announced a recall on Friday, May 20, of approximately 1,500 Civic compact vehicles from the current model year in North America. The recall has been launched to prevent vehicle fires caused by fuel leaks. No fires, accidents, or injuries have been reported. The problem was discovered on April 29 when a production worker at a Honda plant noticed a new Civic had a fuel smell. According to the automaker’s records, the fuel line at issue was manufactured by a Honda supplier.

In the U.S., 1,156 Civics are included in the recall. On May 19, the Canadian branch of Honda recalled 377 Civics, bringing the total recalled vehicles close to 1,500. The vehicles were assembled between April 21 and May 2.

Honda estimates that 17 percent of the recalled vehicles in the U.S. contain the defect, but only two consumers were sold the affected vehicles in Canada. Similar figures are not available for the U.S.

Honda will begin to notify vehicle owners to bring their vehicle to a Honda dealership for an inspection, and if needed, replace the fuel feed lines at no-cost to the consumer. Consumers with questions can contact Honda by calling 1-800-999-1009 or the National Highway Traffic Safety Administration’s (NHTSA) Vehicle Safety Hotline at 1-888-327-4236.

If your vehicle has required multiple repairs for a defect that impairs its use, value, or safety, your vehicle may be a lemon. A consultation with Howard D. Silver, a lemon law attorney in Los Angeles can help you conclude whether your vehicle qualifies for coverage under California’s lemon law. Call Mr. Silver at 1-866-49-LEMON today to learn more.

WCHS reports that the Supreme Court in West Virginia has been asked to stop a lower court from proceeding with a lemon law case. The case involves a couple who purchased a Mercedes-Benz SUV model year 1999 from a dealer in late 1998. The vehicle was later included in a class action lawsuit that was filed in federal court in Pennsylvania due to an oil problem with the vehicles. The settlement of the lawsuit extended the vehicle’s warranty to 10 years or 150,000 miles.

Approximately 10 years after purchasing the vehicle, the couple reported problems with it, and alleged that Mercedes-Benz did not honor the extended warranty, forcing them to file a complaint under West Virginia’s lemon law. The auto manufacturer claims to have found nothing “out of the ordinary wrong” with the vehicle, and alleged that the county circuit court did not have jurisdiction due to the prior class action settlement in federal court.

Recently, an attorney for Mercedes argued before the West Virginia Supreme Court, saying that any problem with the prior settlement should be filed in federal court in Pennsylvania. However, a county circuit judge ruled that the local court does have jurisdiction over the complaint. Now, the state Supreme Court has been asked to overturn the decision. The couple’s attorney has argued that they are able to file a lawsuit under the state’s lemon law since the warranty was not honored. The attorney for the auto manufacturer alleges the couple should not be granted a full-value lemon law buyback since the vehicle was 10 years old and had over 124,000 miles when the couple filed the complaint. It is expected that the West Virginia Supreme Court will release a written opinion in the next few months.

As this case shows, lemon law can be incredibly complex, and there are many factors that impact whether you will be able to qualify for a refund or a replacement vehicle under your state’s lemon law. If you have purchased a vehicle in California that has required multiple repairs for the same defect, contact Howard D. Silver, a lemon law lawyer in Los Angeles. Mr. Silver can help you determine whether your vehicle is a lemon and advise you on your legal options. Call 1-866-49-LEMON today.

A vehicle is considered to be a lemon law buyback vehicle by the California Department of Motor Vehicles (DMV) if it has been reacquired by the vehicle’s manufacturer due to a warranty defect.

After the vehicle is reacquired by the manufacturer, there are several things they must do before the vehicle can be resold, including:

• Request that the designation “Lemon Law Buyback” be imprinted on the vehicle’s title and registration certificate
• Title the vehicle in the name of the manufacturer
• Attach a “Lemon Law Buyback” decal on the vehicle’s left door frame. For motor homes, the decal must be placed on the frame of the main entry into the vehicle. For motorcycles, the decal must be placed on the vehicle’s left side.

A consumer who purchases a California lemon law buyback vehicle must be notified in writing that the vehicle title is marked as a lemon law buyback, the nature of the nonconformity(s) that were reported by the vehicle’s original owner, and any repairs that were made to attempt to repair the nonconformity(s).

If you have purchased a vehicle in California but were not informed of the vehicle’s accurate history and are now experiencing problems, contact Howard D. Silver. Mr. Silver is a consumer advocate and California lemon law attorney who can help you. Call 1-866-49-LEMON to learn how Mr. Silver can protect your rights.

According to FortBendNow.com, the Texas Attorney General has charged a telemarketing company based in California and its owner with selling fraudulent auto vehicle warranties.

Investigators with the office of the Texas Attorney General allege the company made thousands of unsolicited phone calls to residents in Texas to market its vehicle coverage services. They also allege the company’s marketing plan relied upon deceptive direct mail solicitations that did not disclose details about certain exclusions and limitations in their service contracts. In addition, while the company claimed they offered extended vehicle warranties, the warranties were actually expensive vehicle service contracts. The company claimed their service would give vehicle owners coverage up to 250,000 miles. However, the company did not disclose that any claim that was paid under a service contract could not surpass the vehicle’s cash value. According to the Texas Attorney General’s office, it is important for companies to disclose this information since used vehicle owners buy the warranty coverage to increase the viability of the vehicle by making sure repairs are made at costs that are reasonable and affordable. Without this type of disclosure, necessary information is not given to vehicle owners to help them conclude whether it is worthwhile to invest in a vehicle service contract.

The Texas Attorney General’s office alleges that the company utilized sale tactics that were unlawful and fraudulent to sell their product. For example, consumers were assured that a contract could be cancelled readily, and that quick refunds would be granted. However, investigators found that it was enormously difficult to obtain a refund, if not impossible. The company has been charged with violating the Texas Deceptive Trade Practices Act, in addition to other charges, and is seeking penalties of $20,000 per violation, as well as attorneys’ fees.

If a consumer believes they have been the victim of unfair or deceptive business practices, contact a California deceptive business practices lawyer to have their rights properly restored. Since 1987, Howard D. Silver has exclusively focused on protecting consumers from vehicle fraud, lemon cars, and other forms of unfair business practices. Call 1-866-49-LEMON to learn how Mr. Silver can help you.

On May 5, General Motors LLC issued two separate recalls for certain Chevrolet Cruze vehicles for defects that relate to the transmission and steering, according to SaferCar.gov.

The first recall affects approximately 100,000 Cruze vehicles manufactured between October 2009 through April 2011 that are equipped with an automatic transmission and possibly an improperly installed transmission shift linkage. If the linkage is not installed properly, the PRNDL shift lever may not reflect the transmission gear’s position accurately. As a result, a driver may be able to move the shifter into park and remove the ignition key, but the transmission gear may not be in park. If this occurs, a driver may not be able to restart the vehicle, which could roll away and result in an accident.

Close to 129,000 Chevrolet Cruze vehicles from model year 2011 are affected in the second recall. For these vehicles, the bolt that attaches the steering gear input shaft to the intermediate steering shaft may not have been installed properly. As a result, the shafts may separate, and a driver may lose control of the steering wheel, which increases the risk of an accident.

For both recalls, dealers will inspect the vehicles, and if necessary, adjust the shift linkage system or repair the intermediate shaft/steering gear assembly, free of charge. Vehicle owners with questions may contact Chevrolet by calling 1-800-630-2438 or visit http://www.gmownercenter.com.

If you have purchased a vehicle in California which has needed to be repaired multiple times for a defect that affects its use, value, or safety, the vehicle could be a lemon. To learn whether your vehicle qualifies for coverage under the California lemon law, contact Howard D. Silver, Los Angeles lemon law attorney, by calling 1-866-49-LEMON today.

According to SaferCar.gov, Toyota Motor North America, Inc., recently announced the recall of approximately 50,939 Toyota Tundra vehicles from model year 2011 that are equipped with a 3-point propeller shaft. There is a possibility that the vehicle’s slip yoke may break due to improper casting, which may cause the vehicle’s propeller shaft to separate at the joint, causing the shaft to come into contact with the road. If this occurs, a driver may experience loss of vehicle control as well as motive power, significantly increasing the risk of a car accident.

Vehicle owners will be notified by Toyota shortly and will be instructed to bring the potentially affected vehicles into a dealer for the propeller shaft to be inspected, and if necessary, replaced at no-cost. The recall is expected to start sometime in May. Any consumer who has questions about the recall may contact Toyota by calling 1-800-331-4331, or the National Highway Traffic Safety Administration’s safety hotline at 1-888-327-4236, or visit http://www.safercar.gov for more information.

When a vehicle defect continues to exist after a reasonable number of repair attempts, and the defect affects a vehicle’s use, value, or safety, the vehicle could be a lemon. If you have a vehicle you believe to be a lemon, Inland Empire lemon law attorney Howard D. Silver may be able to help. Mr. Silver can help you through the intricacies of a lemon law claim in California and can help you understand the legal options available to you. To learn more about your rights under California’s lemon law, call Mr. Silver at 1-866-49-LEMON.