California Lemon Law Blog

In the wake of destruction caused by natural disasters, many types of property need repair. Unfortunately, however, some people see this as an opportunity to take advantage of others. Thus, it’s important to be informed and vigilant when hiring professional help. For example, after Hurricane Irene hammered the East Coast, Allstate Insurance issued some of the following tips to avoid deceptive business practices. We added a few warnings of our own as well.

• Do not deal with traveling door to door salesmen using high pressure tactics or who demand money upfront at the first meeting.
• Spend sufficient time when choosing a contractor to rebuild, repair, or perform cleanup on your home or property.
• Obtain several estimates from licensed, bonded contractors. Closely examine their licenses and proof of liability insurance.
• Research each contractor’s credentials with your local Better Business Bureau or Home Builders Association. Do online searches for consumer feedback regarding their work.
• Steer clear of paying money up-front. That said, some established businesses will ask for a partial, up-front payment. However, this should never be greater than the cost of materials, or 20 percent of the total.
• Pay professionals by check. Avoid cash payments to unverified sources.
• Adhere to local building codes and inspection protocol.
• Never sign over an insurance settlement check to the contractor.
• If anyone does unauthorized work on your home or property and then demands payment, alert the local authorities. Report any suspect business actions to your local police, sheriff’s department or your state’s Department of Insurance.

If you think you’ve been the victim of fraudulent or deceptive business practices in California, contact deceptive business practices attorney Howard D. Silver in California at 1-866-49-LEMON for guidance on what to do.

Online car shoppers should beware of suspicious deals and sellers, warned the Federal Bureau of Investigation (FBI) recently. The agency claims over $44.5 million was unscrupulously taken from consumers through these types of rackets, from 2008 to 2010.

There are different forms of the con, but it usually includes a fake merchant posting an ad on a reputable website (like eBay or Craigslist) offering a deeply discounted price for a vehicle. When the consumer responds to the ad, he or she is typically given a phony explanation as to why the price of the car is so low. The seller will then ask to move the transaction to a different site for reasons of fake security, for example, a false name like eBay Inc. ( the logo and other branding imagery is high-jacked). The scammer will even carry through with the communication and invoicing process in a deceptively processional manner. However, once the money is paid the car will never arrive and the seller will mysterious evaporate into the shadows of the web.

Only deal with verified sources when buying a car or vehicle and always demand to meet a seller in person and see and inspect the vehicle you are purchasing through an online classified service (like Craigslist). Never wire or send any funds in advance of seeing, inspecting and purchasing a vehicle. If in doubt, always walk away.

Buying a car can be an intricate process, but it’s important to be aware about potential scams so you can avoid falling victim to one. As a California consumer advocate and lemon law attorney, Howard D. Silver has a thorough understanding of consumer rights and the possible courses of action a person can take in pursuing reimbursement or compensation. To learn more about your rights, call 1-866-49-LEMON today.

When a back light goes out, the power windows are malfunctioning, or there’s an annoying sound coming from underneath the hood, finding the right mechanic is like finding the right doctor, it takes research and trust. The Better Business Bureau (BBB) took in a huge number (12,682) of grievances against automobile mechanics, and this year, the bureau has gathered almost another 11,000. For that reason, the BBB offered some of the following advice (we added to it of course) for those seeking quality automobile repair.

• Obtain a minimum of three recommendations from trusted sources before hiring a mechanic.
• Search for infractions against the mechanic on the BBB website, as well as other user rating sites such as Yelp. Although user online reviews should be taken with a grain of salt, they can provide helpful information.
• Check a shop’s certification and make sure they’re licensed. For big jobs, like transmission or engine work, seek out a specialist.
• Ask a lot of questions until you understand exactly what the mechanic wants to do and why. Also make sure you know how much the work is going to cost before work begins.
• When at all possible, get a written description of the work to be performed and obtain approximate calculations for both labor and parts.
• Be clear about all the mechanic’s customs and business practices, including rates, guarantees, and accepted methods of payment.
• When you pick up your car, make sure the work was done properly.

If you’ve been the victim of deceptive business practices involving car repairs, call 1-866-49-LEMON for a case review with experienced Southern California car repair fraud attorney Howard D. Silver today.

BMW isn’t the only foreign auto company struggling with large recalls lately. In the first week of September, the National Highway Traffic Safety Administration (NHTSA) announced another recall, this time from major Japanese car manufacturer Honda.

Honda recalled 310,773 Pilot SUV vehicles made between 2009 and 2011 due to a seat belt stitching defect. The defect can cause the seat belt to come loose and in an accident, fail to protect against injury.

If you believe your car has defective parts resulting from manufacturing errors or cannot be repaired after a reasonable number of attempts, contact Los Angeles lemon law attorney Howard D. Silver at 1-866-49-LEMON to learn more about your rights as a consumer.

Hyundai and Kia, (Kia is under the Japanese car giant’s umbrella), in conjunction with National Highway Traffic Safety Administration (NHTSA) direction, announced the recall of vehicles due to airbag malfunction.

One of the recalls, for approximately 10,600 Kia Sorento 2007-8 SUVs, was almost two years in the making. NHTSA began its investigation by looking at passenger airbags that became deactivated with an adult sitting in the seat (as a safety feature, it’s supposed to deactivate when a child sits there). At first, Kia told NHTSA that the bag functioned correctly as long as occupants were seated properly in the chair. But after further agency pressure, including a review by a defection safety panel (somewhat uncommon unless a company is fighting a recall), the carmaker complied.

The second airbag recall was for 205,000 units of the Hyundai Santa Fe and Veracruz models from 2007 and 2008. In this instance, the carmaker stated that a spring part for the airbag apparatus may erode, which may stop the bag from releasing. According to the company, no injuries have been reported, but it has received almost 8,000 reports from consumers stating that the warning light went on.

Do you believe your car has an irreparable problem effecting its use, value and safety? If so, you may have a lemon vehicle. Contact Southern California lemon law attorney Howard D. Silver for a free consultation. Call 1-866-49-LEMON today.

This story proves that consumer feedback can indeed make a big difference. What started with a Texas man’s tip to the National Highway Traffic Safety Administration (NHSTA) regarding faulty brake lights, rear tail lamps, and turn signals on his BMW sedan escalated into a full blown investigation, resulting in the company recalling 241,000 of their 3 Series models from 2002-2005 in the United States and Canada.

After becoming frustrated communicating with BMW, and their alleged neglect of the problem, the man filed a claim with the NHTSA requesting that they examine back light failures on cars like his 2002 330i. He claimed that the wiring mechanism and its connector were prone to overheating and that the company knew about the problem but refused to assist owners, according to the The New York Times Wheels blog.

If you have a problem with your vehicle that cannot be repaired after a reasonable number of attempts, contact California lemon law attorney Howard D. Silver at 1-866-49-LEMON to learn more about your rights.