California Lemon Law Blog

The California Department of Motor Vehicles has developed in a report a series of steps you need to follow when you purchase a used car from a private party. Normally, these tasks would be taken care of by the car dealership, but in a private transaction you have to look after these details yourself in regards to California lemon law and certified pre-owned vehicles.

10 Days to Transfer Ownership
Within 10 days of the final sale, you have to file an array of paperwork with the DMV. One of the most important pieces of documentation you need is the title, also known as the pink slip. You and the car’s former owner have to sign the pink slip and have it notarized. If the car was financed, the owner of the loan must sign as well.

Once the signatures have been notarized, you need to pay a transfer fee (currently $15) and use tax (varies by county). You have 30 days to pay these fees to the DMV.

Depending on the age of the car, you may need to pay a smog transfer fee. Cars that are four or fewer years old are subject to a smog transfer fee (currently $8). If the car is older than four years, the seller must prove that the vehicle has passed the current smog certification period. Certain exceptions to this rule apply.

If the car is less than ten years old, you will also need to record the mileage on the odometer. Your title paperwork should have a place to record this information. If not, a special form must be used called the Vehicle/Vessel Transfer and Reassignment Form (REG 262). This form is obtained from the DMV and then signed by both you and the original owner of the vehicle.

Vehicles given as gifts, or transferred within families are subject to slightly different rules. Please contact the Law Offices of Howard D. Silver at 866-49-LEMON if you have questions about the legal issues involved in selling or buying used cars in California.

An informative article in the Boston Herald gives readers some good tips about doing your homework before buying a used car. According to the article, the most common mistake car buyers make when they buy a used car, is not getting the vehicle checked by a mechanic before buying. In fact, more and more consumers are getting duped and stuck with lemon vehicles or becoming victims of car repair fraud because they are not doing their homework before buying a used car.

According to this article, the percentage of people calling their local Better Business Bureaus with inquiries about car dealerships is on the decrease, but the number of complaints filed against dealers has increased. Recent research by the Better Business Bureau of Eastern North Carolina has also shown that fewer disputes between car owners and dealers are getting resolved, which means fewer dealerships are working the problems out with the consumer.

The article suggests a few things car owners should do before driving off the lot with their used or certified used vehicle. Here’s a summary of some of the tips offered to prospective used car buyers:

• Check out the vehicle’s history
• Verify the dealership’s record with the Better Business Bureau or the Attorney General’s office to see if complaints have been filed.
• Take the car for a test drive and get it properly inspected by a licensed mechanic

If you or someone you know has been stuck with a lemon vehicle – whether it’s a used car or a new car, call the Law Office of Howard Silver for a free consultation with an experienced California lemon law attorney.

The market for used vehicles has never been stronger. With thinning budgets, diminishing cash flow and high prices, the last thing we want to do is spring for a brand new set of wheels. But buying a certified used vehicle comes with its own set of unique risks and problems. Los Angeles Times Staff Writer Ken Bensinger’s article “Seven steps to buying a used car” ()
tells you, step by step, the ways you can avoid buying a lemon – whether you purchase the vehicle from a dealer, online or from a private owner.

According to the article, in 2007 alone Americans bought 41.4 million used vehicles compared to 16 million new vehicles. Consumers now also have a wide variety of choices – from certified pre-owned vehicles to no-haggle deals on eBay. And yet, there is always the possibility that you could end up with a lemon. Bensinger lists the important decisions you must make and things you must watch out for before making a decision on a used car.

A common misconception among used cars buyers is that they’ll be fine if they buy a certified pre-owned vehicle. Last year alone, 1.6 million of these certified pre-owned vehicles were sold in the United States. A CPO vehicle costs about $1,700 more than a regular used car because of the inspections and warranties that go into them. But here’s what every used car buyer needs to remember – shelling out that extra cash and buying a CPO does not mean you won’t get stuck with a lemon.

Continue reading "Important Things To Consider When Buying A Used Car or Certified Pre-Owned Vehicle" »

One of the best ways to avoid the headaches and grief that come with purchasing a defective used or defective certified pre-owned vehicle is to thoroughly inspect the car BEFORE you drive it off the lot. Los Angeles Times Staff Writer, Ken Bensinger recently wrote an article entitled “10 ways to spot trouble” that helps guide the reader with 10 easy things to look for when buying a used or certified pre-owned vehicle.

The tips themselves came from Carey Caldwell, purchasing manager for used-car chain CarMax. Armed with these guidelines, the average used car consumer might be able to sniff out potential used and certified pre-owned car problems before driving the car off the lot. The tips address cars that have suffered severe water damage, significant body work, and finally issues with the operation of the motor vehicle on the road.

Water Damage

Cars that have been submerged in water or have at some point been water logged are notorious for having problems of all sorts. How do you identify these autos after they’ve been dried out? The article suggests doing things like sitting in the car with the windows rolled up and smelling for mildew or musty odors. Finding signs of water damage like silt, water lines, and rust on the bolts that hold the seats to the floor and seat belts is a sure-fire giveaway that the car was at one point or another, water logged.

Continue reading "Spot Issues With Your Car BEFORE You Purchase It!" »