MOTOR VEHICLE WARRANTY AND LEMON LAW

A purchaser or lessee of a motor vehicle has various rights under both state and federal law if the vehicle does not perform as provided under an express warranty. Warranty law can be complex, and it is impossible to describe comprehensively all of the law in a brief space. The following comments briefly explain the Song-Beverly Consumer Warranty Act and what is popularly known as the "Lemon Law."

This message is not a substitute for your contacting your own lawyer who can best advise you of your rights under the particular circumstances of your case. The Attorney General's office cannot advise you of your legal rights and cannot represent you in a warranty dispute.

1.
Coverage For New Motor Vehicles.
1.
OVERVIEW OF SONG-BEVERLY WARRANTY RIGHTS

The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles. The law requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer. The purchase price that must be returned includes the price paid for manufacturer-installed items and transportation but does not include the price paid for nonmanufacturer items installed by the dealer. The lessee or buyer is completely free to choose whether to accept a replacement or a refund. Whatever the choice, the manufacturer is also responsible to pay for sales or use tax; license, registration, and other official fees; and incidental damages that the lessee or buyer may have incurred such as finance charges, repair, towing, and rental car costs.

The lessee or buyer may be charged for the use of the vehicle regardless of whether the vehicle is replaced or the purchase price is refunded. The amount that may be charged for use is determined by multiplying the actual price of the new vehicle by a fraction having as its denominator 120,000 and as its numerator the number of miles traveled by the vehicle before it was first brought in for correction of the problem. For example, if the car had traveled 6,000 miles before it was first brought in for correction of the problem, the lessee or buyer could be charged 5% (6,000/120,000 = 5%) of the purchase price for usage.

The law applies for the entire period of your warranty. For example, if your vehicle is covered by a three-year warranty and you discover a defect after two years, the manufacturer will have to replace the vehicle or reimburse you as outlined above if the manufacturer or its representative is unable to conform the vehicle to the express warranty after a reasonable number of attempts to do so.

Song-Beverly does not apply if the problem was caused by abuse after the vehicle was delivered. Be sure you follow the terms of the warranty for maintenance and proper use of the vehicle.

Although there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of Song-Beverly, you should act promptly to try to resolve the problem fairly and quickly without legal action if possible.
2.
THE "LEMON LAW" AND WHAT IS A REASONABLE NUMBER OF REPAIR ATTEMPTS

What is considered a reasonable number of repair attempts will depend on the circumstances including the seriousness of the defect. For example, one or two repair attempts may be considered reasonable for serious safety defects such as brake failure, depending on the exact situation.

A special provision, often called the "Lemon Law," helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The "Lemon Law" applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) The same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (2) The same problem has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (3) The vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.

The "Lemon Law" presumption is a guide, not an absolute rule. A judge or arbitrator can assume that the manufacturer has had a reasonable number of chances to repair the vehicle if all of the conditions are met. The manufacturer, however, has the right to try to prove that it should have the chance to attempt additional repairs, and the consumer has the right to show that fewer repair attempts are reasonable under the circumstances.

Be sure to check your warranty and owner's manual for instructions. You may be required to directly notify the manufacturer of the problem(s). It is a good idea to send your written notice to the manufacturer at the address shown in the warranty or owner's manual by certified mail, return receipt requested so that you have proof that your letter was received. Keep a copy of all correspondence.

If the manufacturer maintains a state-certified arbitration program, the consumer must submit the warranty dispute to the arbitration program before the consumer can take advantage of the presumption in court. Arbitration is an alternative to court proceedings. The consumer may assert the presumption during arbitration. Information about any arbitration should be described in the warranty or owner's manual.

Not every manufacturer maintains a state certified program. You should check with the Department of Consumer Affairs' Arbitration Certification Program at (800) 952-5210 or on the Internet at www.dca.ca.gov/acp/. You can also ask for the department's free pamphlet that explains more about arbitration, "Lemon Aid for Consumers."
3.
WHO IS COVERED

The law applies to a new motor vehicle that is bought or used primarily for personal, family or household purposes. The law also applies to a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state.
4.
WHAT IS A NEW MOTOR VEHICLE

The law discussed above applies to "new motor vehicles." (Certain limited protection may apply to used vehicles as described in Section 2.) The term "new motor vehicle" includes not only new motor vehicles but also demonstrators; the chassis, chassis cab, and propulsion system of a new motor home; and any other motor vehicle sold with a manufacturer's new car warranty. For example, a two-year old used car sold with the remaining one year portion of a manufacturer's three-year new car warranty would be treated as a new motor vehicle. The term "new motor vehicle," however, does not include motorcycles or exclusively off-road vehicles.
2.
Coverage For Vehicles That Are Not "New"

Although the special provisions discussed above apply to new motor vehicles, Song-Beverly has many general rules that apply to any consumer product sold with an express written warranty. As a result, there is important coverage for motorcycles, the living quarters of a mobile home, used vehicles sold with a dealer's express written warranty, "lemon" vehicles repurchased by the manufacturer and sold to consumers with an express written warranty covering the defect, and vehicles sold with a service contract.

A full description of warranty rights is beyond the scope of this message, but you should be aware that coverage is not identical to the coverage for new motor vehicles. For example, a warrantor who is unable to conform a consumer product to its express warranty within a reasonable number of attempts is required to replace the goods or refund the purchase price less an amount attributable to the consumer's use. Unlike the special rules on new motor vehicles, however, there is no set formula for determining the charge for the consumer's use before the discovery of the defect, and the Lemon Law presumption does not apply.

For complete advice concerning your legal rights, you should consult your own attorney.

Lemon Law grossary

Please click a word below to view its definition.
Arbitration
"As is" Selling
Brief
CLRA
Collateral Charges
"Comparable" Vehicle
Continuance
Court Order
Declaration
Defendant
Demand for Production
Deposition

Discovery
Expert
Express Warranty
Incidental Charges
Lemon Car
Lemon Law
Letter of Notice to Manufacturer
Magnuson-Moss Act
Manufacturer-Sponsored, Certified Arbitration
Mediation
Motion
Odometer Rollback

Plaintiff
Proof of Service
Secret Warranty
Service Contracts (Extended Warranties)
Statute of Limitations
Subpoena
Substantially Impair
True Retainer
VIN (Vehicle Identification Number)
Warranty
Arbitration Arbitration in a lemon law context is an informal and usually useless process that consumers may use to try and resolve a warranty dispute outside of the court system by presenting it to a third party (ie. the Dispute Settlement Board, Better Business Bureau, etc.) for a decision. In California it is legally binding on the manufacturer only.
"As is" Selling A car that is sold "as is" is one which is sold with no warranty, such that the dealer and/or seller has absolutely no obligation to make any repairs, regardless of the vehicle's condition.
Brief A concise statement of a client’s case written for the instruction of an attorney, judge or mediator. A formal written presentation of an argument that sets forth the main points with supporting precedents and evidence - (as for summary judgment). The form of the brief is determined by the procedural rules of that court or jurisdiction.
CLRA CLRA stands for Consumer Legal Remedies Act.
Collateral Charges These are additional charges to a consumer that were incurred as a result of the acquisition of the vehicle. They usually include, but are not limited to, the following: charges for manufacturer-installed or agent-installed items; earned finance charges; use taxes; and title charges.
"Comparable" Vehicle The manufacturer is required to replace the consumer's lemon vehicle with one, which is either identical or reasonably equivalent.
Continuance The postponement of the court proceedings in a case to a future day.
Court Order An order issued by a court that requires a person to do or refrain from doing something.
Declaration A statement made, not under oath, being offered as evidence. This statement is made under penalty of perjury.
Defendant The party against whom a criminal or civil action is brought.
Demand for Production In litigation a demand for production is a process of discovery whereby a party to the action makes a request that certain categories of or specific documents are produced that are in one way or another related to the lawsuit.
Deposition A statement that is made under oath by a party or witness (such as an expert) in response to oral examination or written questions and that is recorded by an authorized officer (such as a court reporter).
Discovery The methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant to the action.
Expert A person with special or superior skill or knowledge in a particular area.
Express Warranty A written warranty, issued by the manufacturer of a new motor vehicle. The express warranty provides certain promises concerning the vehicle's condition, fitness for use and the manufacturer's obligations to repair, including any terms or conditions precedent to the enforcement of obligations under that warranty. An express warranty may also accompany the sale of a used vehicle, depending on mileage and year of the vehicle.
Incidental Charges These are the reasonable costs incurred by the consumer as a result of the defect(s) about which the consumer is complaining. These charges usually include, but are not limited to, towing charges and the costs of obtaining alternative transportation. Incidental charges usually do not include loss of use, loss of income, or personal injury claims.
Lemon Car Statutes often define lemon cars and require the entity issuing the warranty to remedy the defects. Most statutes define "lemons" as cars that continue to have a defect that substantially impairs the use, value, or safety of the car after a reasonable number of attempts to repair the car or after the car has been out of service for a particular number of days.
Lemon Law Statutes adopted in some states to make it easier for a buyer of a new vehicle to sue for damages or replacement if the dealer or manufacturer cannot make it run properly after a reasonable number of attempts to fix the car. Without a "lemon law" auto makers have often demanded the buyer come back a dozen times and give up use of the car for lengthy periods while they test it, claiming they are "still trying" to make it run right.
Letter of Notice to Manufacturer A written statement which describes the motor vehicle, the defect, and all previous attempts to repair such defect(s). For example, you may want to include the following information: your name, address, and contact information; a description of the defect and all attempts to correct the defect; a description of the vehicle, including year, make, and model; the vehicle identification number, found on the registration; and a request that the manufacturer repair the defect.
Magnuson-Moss Act The Magnuson-Moss law is a federal law giving consumers substantial rights in dealing with manufacturers of lemon cars.
Manufacturer-Sponsored, Certified Arbitration In order for a manufacturer-sponsored arbitration program to be certified in most states, it must meet the following requirements of the Federal Trade Commission (FTC) for mediation procedures: it must be free of charge; it must be non-binding to the consumer; its decisions must, in general, be given within 30 days after receipt of the buyer's complaint; and its decisions must be free from the influence of the manufacturer.
Mediation Mediation is inexpensive and informal, and does not require that you hire a lawyer and go to court. It can be preferable to arbitration because it is more flexible - allowing for more creative resolutions. Most states do not offer mediation programs as part of their offerings to help consumers in Lemon Law disputes. Some courts may require the parties to a case to participate in mediation during litigation.
Motion An application made to a court or judge to obtain an order, ruling, or direction; also a document containing such an application
Odometer Rollback If a more recent odometer reading is less than an older reading, then the odometer may have been "rolled back." This is an indicator of mileage fraud.
Plaintiff The party that institutes a lawsuit in a court.
Proof of Service A statement submitted to the court as evidence of successful service of process to a party. There are 3rd party companies whose business it is to serve legal documents on defendants or plaintiffs.
Secret Warranty Secret warranties are a manufacturer strategy of paying for repairs after the automobile's written warranty has expired, but only to those consumers who are sufficiently aggressive about complaining. The secret warranty will cover certain component(s) or system malfunctions or defects, which have occurred in a widespread pattern.
Service Contracts (Extended Warranties) Service contracts and extended warranties are functionally equivalent to each other. The consumer pays an additional amount to the seller or manufacturer for protections against product defects beyond those that are covered by the original express and implied warranties. In some cases a service contract may actually be an Express Warranty.
Statute of Limitations A statute setting a time limit in which a plaintiff must file a case.
Subpoena A writ requiring appearance in court to give testimony. To serve or summon with such a writ.
Substantially Impair This means to significantly diminish or lessen the use of the vehicle, value or safety to the buyer . Certainly defects that cause the vehicle not to start, not to stop, or impair one's ability to operate the vehicle would be substantial impairments. Significant paint defects or defects to key components, like the air conditioning system, might also be considered substantial impairments as well. Whether a defect is a substantial impairment is a decision for the judge or jury in a contested case.
VIN (Vehicle Identification Number) This 17 character number is unique to each vehicle. It identifies characteristics of the vehicle, including manufacturer, year, model, body, engine specifications, and serial number.
Warranty A guarantee given on the performance of a product or the doing of a certain thing. For example, many consumer products come with warranties under which the manufacturer will repair or replace any product that fails during the warranty period; the commitment to repair or replace being the "warranty".

California Lemon Law Questions

When you’ve purchased a vehicle or product that has defects – commonly known as a lemon – you probably have a million questions. Here are the most frequently asked questions we get from our clients in California who come to us for help with their lemon law claims:

* If I qualify under the Lemon Law, what am I entitled to?
* Do used cars qualify under the Lemon Law?
* Do leased vehicles qualify under the Lemon Law?
* Do recreational vehicles (RV's / motor homes), motorcycles, boats and other consumer vehicles qualify under the Lemon Law?
* Does the California Lemon Law apply only to the first 18 months or 18,000 miles?
* Do I have to go through the manufacturer's arbitration program?
* How many times do I have to take my car back for repairs?
* Instead of one item breaking several times, what if several items break only one time and the dealer fixes it each time?
* What if I take the car to the dealer for repair, but they don't perform actual work on the problem?
* What if my car is out of its warranty period?
* What if the dealer says that nothing is wrong or that this is a normal condition for the vehicle?
* Do I have to take the vehicle back to the dealer I bought it from?
* Can an independent repair shop perform warranty repairs on my car?
* Do I have to keep my car in order to pursue restitution under the Lemon Law?
* If a vehicle is purchased "as-is" or "with all faults" does the Lemon Law apply?

If I qualify under the Lemon Law, what am I entitled to?
You are entitled to receive a refund plus vehicle registration fees, rental car costs and towing charges. The consumer may choose to have their vehicle repurchased. Additionally, the manufacturer may not compel the consumer to take a replacement vehicle.
The manufacturer is entitled to a mileage offset for the value of the miles placed on the vehicle before the first time the vehicle was taken in for the problem or defect that is resulting in the repurchase.[top]
Do used cars qualify under the Lemon Law?
YES. A used car can qualify under the Lemon Law as long as it was sold with a written warranty and the vehicle was purchased primarily for personal, family, or household purposes. Sometimes a used vehicle is sold with two warranties, one from the dealer and one from the manufacturer.
If the vehicle was sold "as-is" or "with all faults" the Lemon Law probably will not apply, unless the vehicle was a former "lemon law buyback" and this was not properly disclosed to the purchaser. [top]
Do leased vehicles qualify under the Lemon Law?
YES. All leased vehicles covered by a warranty qualify under the Lemon Law. [top]
Do recreational vehicles (RV's / motor homes), motorcycles, boats and other consumer vehicles qualify under the Lemon Law?
YES. All of the above qualify under the Lemon Law in the same way any consumer product covered by a warranty would qualify. [top]
Does the California Lemon Law apply only to the first 18 months or 18,000 miles?
NO. The law applies as long as the vehicle is under the manufacturer's new car warranty, and sometimes longer. In many instances a vehicle may still qualify under the law even though the vehicle is outside the warranty period, as long as the first repair attempt for the defect occurred within the warranty period. [top]
Do I have to go through the manufacturer's arbitration program?
NO. Most manufacturers offer an arbitration program to "assist" consumers to resolve their disputes with the manufacturer. But these arbitration programs are overseen and supported by the manufacturer. Participation in these programs often results in wasted time and unsatisfactory decisions or an "award" short of what the consumer is entitled to under the law. In California, it is not necessary for a consumer to first participate in a manufacturer's arbitration program before taking legal action. [top]
How many times do I have to take my car back for repairs?
The law states that the manufacturer is entitled to a reasonable number of attempts to repair the vehicle. The law does not specify what "a reasonable number of attempts" is. As a rule of thumb, four repair attempts for the same problem is generally considered a reasonable number. This is only guideline that may vary depending upon the seriousness of the problem. Another factor to consider is the number of miles between repair attempts. [top]
Instead of one item breaking several times, what if several items break only one time and the dealer fixes it each time?
A consumer can have a Lemon Law case when a variety of defects demand continuous repair. The facts of each individual case must be taken into consideration but it is possible to have a qualifying Lemon Law case based on the cumulative number of days in the shop alone. [top]
What if I take the car to the dealer for repair, but they don't perform actual work on the problem?
This still counts as a repair attempt. The dealer had an opportunity to repair the vehicle. [top]
What if my car is out of its warranty period?
If the first repair attempt for the problem or defect occurred within the warranty period, then the vehicle may still qualify for a refund or replacement vehicle under the law, provided all other requirements are met. [top]
What if the dealer says that nothing is wrong or that this is a normal condition for the vehicle?
If the consumer feels that there is a problem with the vehicle, it should be taken to another dealer to get a second opinion, or the manufacturer should be contacted directly. An independent automotive expert can also be retained to inspect the vehicle and determine if the condition is normal. [top]
Do I have to take the vehicle back to the dealer I bought it from?
NO. All authorized dealers operate as the manufacturer's agents for the purpose of warranty repairs. Therefore, any authorized dealer can do warranty work on your vehicle. [top]
Can an independent repair shop perform warranty repairs on my car?
NO. You must take it back to an authorized dealer for warranty repair work. The law states that the manufacturer must have a reasonable opportunity to repair the vehicle. An independent repair shop is not an agent of the manufacturer, so any repairs done at such a shop do not qualify as attempts by the manufacturer to repair the vehicle. A repair by an independent shop may void that portion of the warranty on the vehicle. [top]
Do I have to keep my car in order to pursue restitution under the Lemon Law?
NO. It is not necessary to keep the car. However, there are certain procedures you should follow when selling it or trading it in to preserve your rights. If you sell the car you should have the buyer sign a written disclosure that states that he knows about the problems you have had with the vehicle. Before you sell the vehicle it is also advisable to get an expert inspection done to verify the existence of the problem in order to "preserve your evidence." Finally, before you sell the vehicle, you should notify the manufacturer that you believe the vehicle is a lemon and that you are selling it (or trading it in). [top]
If a vehicle is purchased "as-is" or "with all faults" does the Lemon Law apply?
NO. A vehicle sold "as-is" or "with all faults" is being sold in the condition it is in. It is devoid of any warranties. The buyer is accepting the vehicle "as it is" regardless of condition. [top]

New and Used Car Lemon Law

State and federal lemon laws provide car owners the right to a refund or a replacement vehicle if a dealer or manufacturer is repeatedly unable to repair it after a reasonable number of attempts.

There are many types of problems you may experience with your new or used car that would determine that the vehicle is a lemon car. The Law Offices of Norman Taylor & Associates have successfully resolved thousands of lemon car cases. We’ve been helping people with claims under the California new and used car Lemon Law since 1987. Here are some actual examples:
Transmission problems - engine trouble - peeling paint...and many more types of car defects define a lemon car.

* Key switch not locking when I removed the key
* Warning light to "Check Coolant Level" coming on and the coolant being full
* Alarm not setting and other times not "unsetting"
* rough idle
* hesitation upon acceleration
* check engine light on
* vehicle surge
* Door unlock/lock switch not working part of the time
* Radio staying on after the car was turned off
* Leather was coming apart from the side door
* stalling while driving or coming to a stop
* hard to start
* transmission clunk
* clunk when shifting
* transmission/engine leak
* My windshield wipers would come on intermittently for no reason
* engine knock; engine pinging
* Dash information panel would light up and have no information in it
* transmission slipping
* transmission banging into gear
* pulling to the left or right
* pulling when brakes applied
* won't hold an alignment
* oil consumption
* stuck in gear
* stuck in park
* power window failure
* power locks don't work
* phantom locks
* sliding door failure
* brake failure
* brakes pull or grind
* front end shakes when brakes applied
* abnormal tire wear
* poor gas mileage (can indicate bad computer)
* black smoke from tail pipe
* white smoke from tail pipe
* catalytic converter problems
* rotten egg smell from engine
* mold/mildew bad odor from A/C
* head lights dimming or failure
* seat belt failure
* The repair shop is telling you your gas cap isn't tight
* fuel sending problems
* gas gauge wrong
* front end problems
* leaky manifold
* drive line clunk
* coolant leaks
* engine overheating
* water leaks
* roof leaks
* air leaks
* paint defects
* tail lights not working
* continuous blown fuses
* power steering grinding, leaks, or failure
* Transmission froze up
* Suddenly the engine froze up
* The roof leaked
* Tail lights did not work
* Electrical problems
* Steering alignment
* Front-end problems
* Constant excessive wind noise from problems with all of the seals around the windows
* After replacing the tires, I found that the shimmy was still there

...and what can you do about it?

Peeling paint, transmission failures, and other major problems have all been traced to factory defects. At the dealership, ask the service department for a written estimate. Document each trip to the shop. Seek legal help if you suspect you have a lemon car. Attempts to resolve it with the dealer or manufacturer can be substantially reduced if you have the help of a competent attorney who specializes in lemon law for your state.

There is no reason to suffer aggravation, time consuming trips to the dealer, repeated attempts to fix the same defect. If you suspect you have purchased a lemon car get expert help. Find out if your car is a lemon and whether you have a claim under the new and used car lemon law >>

California Lemon Law News of Interest

Another Important Win for Norman Taylor & Associates...In Hayes v. GMC and Tustin Chevrolet we have a classic Song-Beverly Act case That demonstrates what Mr. Taylor describes in his book on the Lemon Law as the "lemon Gauntlet"...
Norman Taylor & Associates Advise the State on Standards for Lemon Law Jury Instructions...As the acknowledged experts in the area of Lemon Law, Norman Taylor & Associates was recently asked to provide assistance to the Judicial Council Task Force on Jury Instructions...
Award Against BMW Sends Strong Signal
"...A California Superior Court jury awarded what is believed to be the largest 'lemon law' award in history last month on a BMW - $174,000 in total damages...
RV Lemon Law ... RV Manufacturer is penalized $175,000 for willful failure to comply to California lemon law...

California Lemon Law News

03/27/2009: Lemon Law: No, A Lemon Isn't Your Fault
What to do when dealers try and blame you for the condition of your defective vehicle.
03/20/2009: Why Dealers Brush Off Defective Vehicles—Why Lemon Law is Needed
Why consumers have such trouble with dealers in taking care of defective vehicles.
03/16/2009: Until Auto Makers are Honest, Lemon Law will be Crucial
The vital need for lemon laws is spurred on by faulty auto manufacturing practices.
03/10/2009: Lemon Law: For Used Cars, Too?
There are many instances in which the lemon law applies to used cars.
02/27/2009: If You're Driving a Lemon, Get Your Own
A qualified lemon law attorney office, like a pit crew for a race car, will get you back on the road and trouble-free.
02/25/2009: Lemon Law: Knowing When to Litigate
If you're driving a lemon, the time to pursue litigation is sooner rather than later.
02/17/2009: Your Lemon Law Rights, Warranty or No Warranty
Despite limitations imposed by a warranty, you still have solid rights under the lemon law.
02/06/2009: Lemon Law: Don't Give Up, Get an Attorney
A dealer or manufacturer can run you in circles over a lemon. Don't take it get a qualified lemon law attorney.
01/30/2009: Are You Driving a Lemon? Get Lemon Law Help Immediately
If you think you have a lemon, the time to act is now.
01/26/2009: Overcoming Dealer 'Wall of Problems' in Pursuing a Lemon Law Case
Customers who bought "lemons" should retain an attorney to combat the unbelievable tactics from dealers and manufacturers when trying to get vehicle replacement or compensation.
01/21/2009: Is it Lemon Law or is it Fraud?
If you are a car buyer or owner, be alert that the majority of all auto fraud occurs at the dealership. The following is just a partial list of dirty tricks used by dealerships to separate you from your hard-earned money. Your Certified Pre-Owned vehicle was in an accident and you weren't told. You discover that your Certified Pre-Owned vehicle was a rental or fleet vehicle. You find out the chassis of your motor home was built in 2001 and the coach was sold as new in 2007. [This is also called Re-Badging]
01/15/2009: The Crucial Need for Lemon Law Enforcement
Recent cases show lemon law is still vitally important.
01/06/2009: GM Bailout: Look at Lemon Law Cases
Lemon law cases show GM bailout to be huge waste of taxpayer money.
12/22/2008: Why Me! What Did I Do To Deserve This!
As a buzzword, six-sigma is a method of improving quality in production and in other processes. The easiest way to get a grip on it is imagine you have just manufactured a million bricks. If the quality of processes and quality of materials were held to the six-sigma standard, 3.4 bricks out of the million would be certain to be defective and the rest would be good. That’s not too shabby. In fact it is one of the holy grails of modern manufacturing. There are several very large American manufacturers who espouse this methodology and claim to have been very successful with it. Motorola and GE are two such. It should be noted that not one American automobile manufacturer has taken to these techniques to improve their manufacturing quality.
12/17/2008: Intellectual Capital
According to SearchCRM.Com this is the definition of Intellectual Capital: Intellectual capital is knowledge that can be exploited for some moneymaking or other useful purpose. The term combines the idea of the intellect or brainpower with the economic concept of capital, the saving of entitled benefits so that they can be invested in producing more goods and services. Intellectual capital can include the skills and knowledge that a company has developed about how to make its goods or services; individual employees or groups of employees whose knowledge is deemed critical to a company's continued success; and its aggregation of documents about processes, customers, research results, and other information that might have value for a competitor that is not common knowledge. There are ten thousand consultants out there insisting everything is complex. There’s no money in simple. Here’s an absolute fact. As long as this capital is only in the employee’s head, not written down, video taped, made available for distribution, the company that thinks it possesses that capital, is at risk. By Norman Taylor & Associates
12/11/2008: Certified? Yes. Satisfied? Not Always.
Getting halves of two cars was not what Paulette Day expected when she bought a red 2004 Chevrolet Monte Carlo that year from a dealership near Detroit for $22,000. The car was used, but it was a "G.M. certified" car, meaning it had supposedly passed a rigorous inspection by the dealer.
12/01/2008: Lemon Law Attorneys [They Should Do what’s Best for the Client, Not what’s Easiest]
Every endeavor has an ideal scene, an ideal outcome. That can’t always be achieved; if it could I would be living in a villa on the Costa del Sol sipping something tall and cool with a lime wedge on the rim. But every excellent law firm should have as its primary goal getting as close to that ideal scene for their clients as possible and never agreeing to less. That goal should be resolving its client’s lemon law cases with the best possible outcome. We have that goal.
11/29/2008: The Lemon Law and Presumption
To presume is to make an assumption that something will be found true when further examined. It is what one supposes to be true based on the evidence available. With regard to presumption[*] in legal matters, if the bird looks, walks and quacks like a duck, legally the court says it meets the presumption that it is indeed a duck.
11/24/2008: Lemon Law: Transmission-Top 10 Defects
This is an extension on a recent article written and published by Norman Taylor about survey data we extracted from our lemon law case files.
11/20/2008: Lemon Law & Manufacturing Statistics: Where Quality and Litigation Converge
To really get into the connections between the number of Lemon Law cases and the number of vehicles sold by each manufacturer in a given year might make an interesting book.
11/12/2008: Stop Putting Out Fires (Shoot the Idiots Who Start Them)
All right, all right! This is a little harsh, I know. We don't get to shoot the idiots. We are civilized. No, this isn't a diatribe against arsonists, although anyone who's seen a lovely stand of trees burned where one of those criminal types has been at work might agree with the solution.
11/06/2008: Use-Value-Safety Three Essentials of The Lemon Law
In the Lemon Law, the concept of substantial impairment of the use, value or safety of a new motor vehicle to the buyer or lessee is one of the basic tests that determine the validity of a case. Obviously the consumer’s viewpoint of what is substantial and what the manufacturer considers substantial is very different. It is our business to ensure that when the consumer’s car engine dies on the freeway during rush hour
11/03/2008: A Lemon Law Case is Dependant on the Existence of Repair Orders
The unhappy purchaser must have proof of a repair order to justify a lemon law case.
10/31/2008: Norman Taylor & The Lemon Law vs. Goliath(s)
For 22 years, Norman Taylor has fought over 6,000 lemon law battles.
10/29/2008: Lemon Law Cases: What Happened to Mercedes?
Norman Taylor & Associates have taken many Lemon Law cases on behalf of clients with Mercedes vehicles.
10/28/2008: Lemon Law News: The Untrained Mechanic
We have no way of knowing that the technician working on our car was never trained on the vehicle's electronic system. The flat-rate mechanics pay system encourages the technician to work as fast as possible, not as well as possible.
10/25/2008: Secret Warranties and The Lemon Law
As a car owner, be very alert when someone at the dealership starts telling you it's your fault. Don't go into apathy and give in. Fight it. Do research. Find out if a Secret Warranty exists and make them use it.
10/22/2008: Lemon Law Firm Wins Legal Dispute Against Korean Car Maker
This was one of those Lemon Law cases where you wonder why the defendant let this case go to trial in the first place.
10/20/2008: The Lemon Law Rights and Duties
Who has what rights and what duties in Lemon Law matters?

California Lemon Law Claims

If you think you have purchased a lemon car, truck, SUV, motorcycle, boat or other vehicle, there are several steps you can take to begin a legal course of action towards getting a refund or replacement from the manufacturer of your defective vehicle
Breach of warranty

The criteria determining a lemon automobile or other vehicle differs from state to state. Find out about California lemon law here. If you feel you have a possible breach of warranty or lemon law case, you need an attorney who specializes in lemon law practice in your state.

Selecting the best lemon law lawyer to represent you:

* Experience with lemon law cases - ensure the attorney has practiced lemon law successfully, and that he or she specializes in lemon law for your state.
* Expect a free initial consultation. The lemon lawyer should be able to determine exactly what your consumer rights are under your state laws.
* If you qualify for a refund or replacement of your defective car or other vehicle, you may also be eligible for attorney's fees and costs. An experienced lemon law attorney will be able to inform you of your rights and determine if you qualify in your initial lemon case evaluation.

Common vehicle defects in a lemon law claim

Determining your vehicle's eligibility for a lemon law claim is a first step. Your verification of the vehicle's defects as well as your various attempts to repair it are valuable in deciding if your vehicle is a lemon. A defect can be any problem with the:

* engine
* transmission
* brakes
* steering
* suspension
* water/oil leaks
* paint defects
* bad smells
* vibrations
* rattles
* electrical
* noises
* almost any other defective condition that you've attempted to repair without success.

Your repair orders and invoices are valuable documents in proving dates of repair service, total amount of time your vehicle was out of service, what the complaint was when you dropped it off, whether it was satisfactorily repaired or not, and generally to show a history of the vehicle's performance.
Winning your lemon law case

Establishing the validity of your lemon law claim and reaching a successful resolution can best be accomplished by a competent lemon law attorney who is familiar with the full scope of consumer rights provided under California lemon law.

Norman Taylor & Associates has been successfully practicing lemon law in the state of California since 1987. Principal Norman Taylor has authored two books on California Lemon Law and has been instrumental in proposing amendments to strengthen the law. As such, he is a nationally recognized authority whose Law Firm is dedicated to upholding California Lemon Law on behalf of consumers.

Provide us with your lemon law case details in order to receive a free consultation to find out if you are eligible for a refund or replacement of your defective car, RV, boat, motorcycle, or other vehicle.