California Lemon Law Blog

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 Philadelphia City Council has introduced a used car lemon law to protect local consumers from getting duped by used car dealers. According to this NBC News article, this is the city’s first used car lemon law under which used car buyers have the opportunity to have the car inspected by a mechanic within 72 hours of purchase. If a major problem is found with the car, the buyer can either return the vehicle for repair or get their money back.

The new lemon law was a much needed one for Philadelphia to protect used car buyers from their mistakes. Common mistakes include buying a car without having it inspected by a mechanic or not obtaining a vehicle history report to find out about things like prior accidents or frame damage

Consumers who buy a defective used car in California have rights too. If the vehicle is new or still under manufacturer’s warranty you can bring a lemon law claim. If the vehicle came with a dealer’s warranty, you can bring a claim that the warranty has been violated. If the vehicle came without a warranty, but there has been some type of fraud or misrepresentation, you may have a claim pursuant to the California Consumer Legal Remedies Act which prohibits used car sellers from using deceptive practices to sell vehicles.

If you or someone you know has been stuck with a lemon vehicle or been lied to about the condition of their vehicle, please call the Law Office of Howard Silver for a free consultation.

Nissan Motor Co. is recalling 169,202 of its 2007 and 2008 model year Sentra vehicles because of a problem with the brakes, according to this news report. A National Highway Traffic Safety Administration (NHTSA) investigation found that the brake master cylinder on these automobiles might leak fluid causing one of the brake circuits to fail leading to brake failure and an accident.

Consumers who own a recalled Nissan Sentra should be getting these recall notices in the mail. Nissan officials say that consumers should also pay attention to their brake warning light. If the light illuminates, they should take their car to a dealer immediately. Failure to do so, may result in one of the brake circuits not operating increasing the risk of a crash.

Continue reading "Nissan Recalls Sentras With Brake Problems" »

Chrysler is recalling more than 5,500 2008 Dodge Magnum and Charger sedans because of a manufacturing defect. According to a report from the National Highway Traffic Safety Administration (NHTSA), a manufacturing defect could cause the half-shaft in the rear wheel drive vehicles to “disengage from the wheel hub,” lose power and then crash without warning.

Chrysler dealers are saying they will replace the rear axle hub nuts. Owners of these vehicles should already be getting notices of the defect in the mail. If not, you should contact the manufacturer or your dealer and get them to inspect your recalled Dodge Charger or Magnum.

If your vehicle has a defect that cannot be repaired to conform to the manufacturer’s warranty, it may be a lemon entitling you to a free replacement car or full refund plus the money you spent for rental cars, towing and other expenses.

If you are stuck with a defective auto, call a California Lemon Law attorney at the Law Office of Howard Silver for a free consultation.

California’s Lemon Law will now protect members of the military stationed in the Golden State. According to a news article in the Marine Corps News (), an amendment to the Song-Beverly Consumer Warranty Act, a portion of which is better known as the Lemon Law, was changed Jan. 1 to protect all military personnel stationed in California.

The Lemon Law basically protects consumers who buy or lease a motor vehicle that is still under the manufacturer’s warranty. If the vehicle has recurring repairs, malfunctions or problems that affect the use, value or safety of the vehicle and if the manufacturer is not able to fix the problem, this law requires that the manufacturer either give the consumer a full refund or replace the vehicle. Often, the consumer does not have to accept what the manufacturer gives as a replacement vehicle and does have the option to insist that they get a refund instead of a replacement.

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A series of investigative articles by ABC News is revealing that despite a study pointing to a mounting number of deaths and injuries attributed to old and aging tires, the federal safety agency, National Highway Traffic Safety Administration (NHTSA) has not done much about warning consumers about the dangers of these tires and the deceptive business practice of them being sold by major retailers such as Wal-Mart and Sears. According to this report, tires as old as 12 years are being sold as new.

The problem with aging tires is that as they get old, they can dry out and become brittle leading to catastrophic tire tread separations. When a tire tread separation occurs, it usually ends up in serious auto accidents because it causes the driver to lose control of the vehicle. It is a serious safety issue – what experts call “a ticking time bomb.” But NHTSA apparently refused a request from Ford Motor Co. to impose a six-year shelf life on tires. A private safety research firm called Safety Research and Strategies has so far tracked 167 vehicle crashes that may be attributed to old tires causing 192 injuries and 139 deaths.

What we need at this time is for our retailers to stop stocking these old, dangerous tires in their stores. These are defective products that must be taken off the shelves before they can cause more harm, injury or deaths. What is even more dangerous is that consumers are completely unaware about the dangers of these aged tires.

If you or someone you know has been stuck with a defective auto or a lemon, call the California Lemon Law lawyers at the Law Office of Howard Silver for a free consultation.

A recent article in the Los Angeles Times discusses a new online database that will help California auto consumers find the history of the used cars they are purchasing, hopefully preventing the sale of more California lemon automobiles.

The National Insurance Crime Bureau is creating a free public database of vehicles declared unrecovered, a total loss, or stolen by insurers. The new free database will allow individuals to enter vehicle identification numbers, or VINs, to see if the used auto they want to buy has a hidden history.

The crime bureau is a not-for-profit organization that receives support from approximately 1,000 property/casualty insurance companies. The organization partners with insurers and law enforcement agencies to facilitate the identification, detection and prosecution of insurance criminals.

The VIN check system can be found at www.nicb.org.

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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" »

Ford Motor Co. is recalling more than 650,000 F-150 and Lincoln Mark LT pickup trucks because of a defective power brake assist hose, according to an article on Consumeraffairs.com . This recall covers 2005 and 2006 model trucks with the 5.4-liter engine. These vehicles are reportedly equipped with a brake hose that may swell over time causing the hose to become detached from the intake manifold, which means the brakes could require more pressure on the brake pedal, according to the National Highway Transportation Safety Administration (NHTSA).

So far there have been reports of 11 minor accidents caused by these faulty brake hoses. No injuries have been reported in connection with these accidents. A majority of the recalled Ford trucks – about 600,000 – have been sold in the United States and about 50,000 were sold in Canada. Ford currently does not have the parts needed to complete the repairs to correct the defects, but dealers will replace the hose at no charge to customers when the recall begins. For more information about this recall, please call Ford at (800) 392-3673 or NHTSA at (888) 327-4236.

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General Electric Co. announced Monday, May 5th that it will stop offering loans for the purchase of boats and motor homes. The move is linked to a downward trend in the economy that began with diminishing home values, higher gas prices, and an overall lack of consumer confidence in the economy.

The lender, which currently has a $3.6-billion dollar loan portfolio, told boat and RV dealers that it would cease taking applications by July and underwriting new loans on August 1st.

“We just really looked at a lot of different alternatives and are facing a challenging environment and ultimately came to the decision that we needed to invest our resources and capital in areas where we could see good return,” Williams said.

The decision is a blow to the already hard hit recreational products sector. Makers of boats and motor homes have had a rough year as rising gas prices, a tough housing market and fears of a U.S. recession caused many consumers to scrap plans to buy big-ticket recreational items.

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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!" »

In an example of the type of protection California’s laws attempt to provide consumers from unfair and deceptive business practices, a Santa Cruz County Superior Court judge ruled that U-Haul engaged in “unlawful and fraudulent business practices” when they advised agents to book reservations of trucks and trailers without knowing if it will have the equipment available when and where customers need it.

In his class action ruling, Judge Stevens declined to award monetary damages to U-Haul customers but ordered the rental giant to stop promoting “confirmed reservations” for one way moves in California. U-Haul agents have long been instructed to accept every reservation – a policy known to employees as “just say yes”, and although the company almost always supplies the equipment (98% of the time according to U-Haul representatives), the customer may face long waits or have to travel long distances to pick up the rentals.

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