The Shaken Faith Doctrine
Under the old Commercial Code, the seller is entitled to a reasonable opportunity to cure the defect before a buyer can revoke acceptance. However, when the buyer’s faith in the goods is so shaken that remedying the specific part or problem would not satisfy a reasonable buyer, the buyer may revoke acceptance, and get a......
Read MoreMore Regulation, Less, or Proper Enforcement
Automotive News reported on the 24th of June this year that auto dealers were getting closer to a complete exemption from oversight by the new consumer finance agency being created under the financial-regulation bill. The report further states that “House negotiators voted to oppose a Senate proposal to give the new agency authority to write......
Read MoreAnother Big GM Recall
The Associated Press recently reported that General Motors Co. is recalling 1.5 million vehicles worldwide. Hard not to think, “Here we go again.” This recall was rooted in a defect with the heated windshield wiper fluid system that when it goes bad could eventually lead to a fire. This recall affects several pick up trucks,......
Read MoreDon’t Let the Dealership Dictate the Dialogue on Your Lemon Car or Truck
Discovering that the automobile dealership where you have your lemon car repaired has been less that honest with you and that they deliberately mislead you, that they incorrectly document your defects and a really long list of other deceptions, is a hard lesson to learn. Here at Norman Taylor & Associates we see the worst,......
Read MoreBMW – Defective High Pressure Fuel Pumps – Has it Happened to You Yet?
If you own a 2007 through 2009 BMW 135iS, 335i/xi or 535i, with the N54 engine, there’s a good chance you’ve had trouble with the high pressure fuel pump. If you haven’t, knock on wood, I am glad you haven’t, but I sure wouldn’t want to take odds that it will never happen in your......
Read MoreToyota Recall: Stop Apologizing and Do Something Real
Is it just me, or did the rest of the viewing public think the Toyota recall related scripted apologies a bit too humble, a bit too insincere and perhaps a tad too manufactured? (Pardon the play on words.) The true test of a sincere apology is not so much what the wrong doer says, it is......
Read MoreRecalls of Defective Vehicles Underscores Lemon Law Value
Just as it seemed as though the hullabaloo about defective vehicle recalls was dying down, Toyota has added two new models to the list: the Lexus GX 460 and the Land Cruiser Prado. The recall came just hours after Toyota agreed to pay the largest fine ever imposed by the government against an automaker. This......
Read MoreLemon Recalls Make Car Buying a Risky Business
Twenty years ago, nearly everyone bought their new cars directly from a dealership and only those that were driving a car for business purposes were leasing their vehicles. And now that the credit crunch appears to be easing a little, leasing of vehicles is picking up again. With so many vehicles to choose from, options......
Read MoreLemon Law Judgment Against Mercedes-Benz
Buying a “lemon,” a car with a defect that cannot be repaired, is often thought to be a problem with used cars. The recent judgment against Mercedes-Benz USA LLC for $482,000 in damages and legal fees to a Wisconsin customer, tells a different story. This is believed to be the largest judgment involving a single......
Read MoreDespite Publicity, California Lemon Law Still Needed for Toyota Owners
Despite massive publicity about an obvious—and potentially life-threatening—vehicle defect, it seems that some dealers will still try to wrangle out of taking care of it for consumers. Such occurrences highlight the continuing need for California Lemon Law. According to a recent news story published on the web site of television station CBS 5 in San......
Read MoreCalifornia Lemon Law: Should It Apply to Toyota?
A Sacramento, California-based consumer advocacy group called CARS (Consumers for Automobile Reliability and Safety) is arguing that Toyota Motor Corporation should buy back models with the highly-publicized unexpected acceleration problem as lemon law buy-backs. So far, Toyota has not taken this measure with their customers, instead urging them to bring the affected cars to dealerships......
Read MoreCalifornia Lemon Law: Never Give Up
On the heels of their largest ever recall involving two different problems regarding unexpected acceleration, Toyota Motor Company has just acknowledged that its next-generation Prius, which only went on sale in May of last year, has braking problems. The company is still deciding whether or not to issue a recall on the vehicle, which would......
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