When Did the First Defect Arise?
In Lemon Law the Standard Reference Guide we write about mileage offset (also called mileage allowance). “Almost all states permit the manufacturer to deduct some allowance for your use of the vehicle. Some states allow a deduction only for the miles driven up to the first repair attempt. [California] This recognizes that the failure to......
Read MoreThe 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 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 MoreLemon Law and Customer Relations
Part of the lemon car experience is the number of people you get the chance to meet. If you are like most people, as your repair record gets longer and longer and you become increasingly frustrated with the inability of service technicians to fix your car you will want to talk to people higher up......
Read MoreCalifornia Lemon Law Co-Author Dies
We would like to take a moment to express our appreciation for the life and work of former California assemblyman and state senator Robert G. Beverly who recently died at the age of 84. Mr. Beverly is best-known as the co-author of California’s famous Song-Beverly Act, which since its passage in 1970 has formed the......
Read MoreRepair Order Alteration Dealer Trick #2
One of the tests for determining whether a vehicle is a lemon is whether there have been repeated repairs for the same problem. To avoid this, the dealership will often write up the same problem in different ways to make it look like different problems. This is subtle, and you might not even notice it,......
Read MoreCalifornia’s Branded Lemons
For those with a conscious, not wanting to pass on the problems they have had with their lemon vehicle, there is good news. The California legislature has provisions in the California Lemon Law that are imposed on any manufacturer who buys a vehicle from a consumer who has made a request that the vehicle be......
Read MoreNew Designs Same Excuses
There are many situations in which car owners need to know their rights under the California lemon law. For example, let’s say you just spent thousands on a new car and the transmission starts lurching and hesitating after a few thousand miles. You bring it back to the dealer and instead of being told “we’ll......
Read MoreBankruptcy Court Ensures New GM Will Follow State Lemon Laws
A revision to the bankruptcy agreement under which a “new GM” will acquire most of the assets of the existing corporation has been amended to ensure that GM consumers will continue to have rights under state lemon laws. Changes were made to the agreement at the urging of state attorneys general who felt that the......
Read MoreLemon Cars and Cash for Guzzlers
Congress has just passed a bill that would give consumers cash vouchers between $3,500 and $4,500 in exchange for trading in their existing gas guzzlers for newer, more fuel-efficient vehicles. The bill does not specifically mention your rights under the California lemon law or federal lemon laws, but your protection as a consumer is something......
Read MoreLemon Law Claims Post Chrysler & GM Chapter 11
Auto sales began a serious slide in the spring of 2008 and by the fall, several manufacturers were down as much as 30% from the prior year. What if anything will this mean to the consumers in their future lemon law claims? A hint of what may become the prevailing attitude amongst manufacturers happened during......
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