California Lemon Law


Wednesday, July 28th, 2010

California Lemon Law: 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 repair the vehicle is the manufacturer’s responsibility, and that being forced to continue using a lemon is not a valuable benefit…”

Here is an example of how the mileage offset is calculated under the California lemon law. It also shows the difference to the consumer if he or she doesn’t get the correct first instance of the defects that make the case.

  • Vehicle has repeating transmission defects (4+) that despite all efforts, the dealer cannot repair.
  • The gross capitalized cost of the vehicle is $56,500.
  • The mileage for the first transmission repair is 2,105 miles; the second repair is 8,475 miles; the third repair occurs at 14,760 miles, and the fourth repair occurs at 26,300 miles.

This is the formula for calculating mileage offset using the numbers above:

[Mileage at repair attempt/120,000 (life of the average car)] x agreed upon value of the vehicle.

  • (1st repair attempt: 2,105 /120,000)   X $56,500 =$991 Offset
  • (2nd repair attempt: 8,475 /120,000)  X $56,500 =$3,990 Offset
  • (3rd repair attempt: 14,760/120,000)  X $56,500 =$6,949 Offset
  • (4th repair attempt: 26,300/120,000)  X $56,500 =$12,382 Offset

Imagine for an instant that the dealership personnel and the folks at the manufacturers are very aware of what determines the first repair attempt. Is it possible that they might be motivated to use the last repair attempt instead of the first? Or perhaps they might take steps to have your transmission defect appear as some other problem.

It always comes down to the repair orders, how accurate they are, always. Bad paperwork makes difficult lemon law cases. Be a neat freak. Instead of giving back $3990 through carelessness, get the mileage of the first repair attempt right and give back $991.

Remember, if you don’t properly document that first repair attempt, your repair orders may only show three repair attempts and you may need more. This delays the case and may mean more money given back to the manufacturer for usage. The California lemon law is the best in the country, but even the best law cannot be effective if the documentation is wrong.

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Friday, June 25th, 2010

California Lemon Law: If it isn’t Written it isn’t True

We have written about repair orders and documentation is blogs in the past, but this is so important it can’t hurt to look at it again. It is at the heart of every California lemon law case. The following statement should be engraved in stone, or at least somewhere where the consumer can see it at least once a day.

“If it isn’t written it isn’t true.” Now just understand the concept. It isn’t altogether accurate, but an extremely workable rule. We realize of course that a client’s testimony is evidence and the truth too. But, when all is said and done, documented evidence to prove a point carries much more weight in the grand scheme of things than someone’s testimony that can be refuted when a jury is looking at a case. Why should we write about this? Because your lemon law case absolutely depends on a well recorded repair history. You will note that I said well recorded, that means accurate. If you proceed on the basis that the dealership is careful when recording all of the key data related to your repairs, you probably are open to the purchase of Los Angeles International Airport.

It isn’t that dealerships are knowingly altering the information (at least not all of the time). However, most service writers aren’t MENSA members, and like any other job they get busy and or lazy.

If the service writer fails to correctly write the date you take the vehicle in and then the day you pickup the vehicle, the wrong number of days the vehicle was in the shop will be recorded, and this may affect your ability to make a lemon law case. This is what you must do. Carefully read your service orders (going in for repair) and your service invoices (when you pick up your car) carefully, very carefully, look for the following things:

  • Correct date in and date out.
  • Correct VIN number.
  • Proper mileage/odometer reading (This also shows you if they test drove your vehicle.)
  • Did they write down the defects exactly as you described?
  • Were the repairs well-documented, with a list of all parts replaced?

I can’t tell you how many cases were delayed, made far more difficult, and even compelled the consumer to get more repairs because some of the repair orders were incorrectly filled out. Please do not forget; in the California lemon law, if it isn’t written it isn’t true.

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Monday, June 14th, 2010

California Lemon Law Still Works for Lemon RVs

Recently one of our readers asked if we still handle Lemon RV cases. Yes, the California lemon law still applies to motorhomes. I’m sure he was responding to the earlier reports from 2008 and most of 2009 when almost overnight the RV industry went bust. When it happened, many owners of diesel pushers, all classes of motorhome coach, 5th wheels and travel trailers were left high and dry. Companies who should have been honoring their warranties were gone.

Since the middle part of 2009 until now, the RV industry has been on the mend. Unfortunately many RV owners were stuck with bad vehicles and useless warranties and some still are. I can only imagine the misery of discovering that your warranty is gone and you own a lemon RV that leaks like a sieve.

Predictably many RV manufacturers who were poorly funded went out of business and others merged with companies that were stronger financially, or as we have noticed, had a more diversified manufacturing base. The following are a few of the manufacturers who survived and still honor their warranties:
• Thor Industries
• Winnebago
• Forest River
• Holiday Rambler
• Monaco
Many of these lines have retained their brand names but are in fact owned by other companies. If you think you have a lemon RV give us a call and we’ll see what’s possible under the California Lemon Law.

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Tuesday, June 8th, 2010

California Lemon Law: Dealing with Complexity

There are a few of us, mostly old f#*&#ts, who remember when opening the hood of our car didn’t cause us to stumble off dazed and defeated. In those days we could see down past the engine to the ground.

Now…it’s impossible; a terrible confusion exists beneath that thin bit of sheet metal. And see the ground?! Not without moving the car.

Here’s the question to you. Is your car too complex? And here comes the response. It’s a loud…YES! My answer is; it’s not too complex as long as everything works.

At Norman Taylor & Associates we talk to dozens of people with very bad cars every day. Most of them say the same thing; “it’s too darn complex! There are too many gadgets and gizmos.

And don’t get me started talking about computers and software: millions of bits and bytes of computer code – hardware and software. There are endless opportunities for something to go wrong. It shouldn’t be so easy to become another Lemon Law statistic.

I am very interested in what you think about whether the modern car or truck is too complex. There’s a more to say on this topic. Look for additional posts soon.

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Tuesday, May 25th, 2010

Don’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, but we have also learned many things that consumers can do to preserve their rights under the California lemon law.

Today’s lesson is simple and relatively inexpensive. The short version can be stated in one sentence. “Always carry a camera when you drive your vehicle.” Why, you ask, should I do that?

Here is an example of why you should have a camera available. You come out and start the car in the morning. The check engine light is flashing. You drive the car to the dealer and before you get there the warning light goes off. You tell the service writer about the check engine light and he or she gives you the look, you know the one. It says, “If you say so, Pal.” After the repair attempt, the dealer will almost always say, “No Problem Found.” If you brought a picture of the Check Engine Light, they definitely would have made a stronger effort to find out what was wrong.

Here’s the best way to take the photos. Take a picture of the instrument panel in such a way as to include the mileage, or if that’s not possible something with a current date. Modern cell phones will allow you to take photos and sometimes to make short movies. This could be really helpful if you have a problem that causes the vehicle to run very rough, or the RPM needle swings up and down when the vehicle is at idle or the vehicle is pulling to the left or right. If your phone doesn’t have these abilities, you can purchase a disposable camera that will do the job. You just put it in the glove compartment. And what about those oil leaks? The dealership says they can’t see any. You show them pictures…now you are in control of the dialogue.

No one wants to buy a lemon car. Almost without exception, every potential client I’ve spoken with just wanted to buy a car that was trouble free. They didn’t want to be embarrassed when their vehicle stalled on the freeway, scaring the wits out of their passengers and wasting time that should be spent at work. They didn’t want to wait around while their car was towed to the dealership for endless repairs. It is bad to be the effect of life and our automobiles are definitely a part of life. It is far better to be cause over our lives, and knowing how to prepare for problems with our vehicles is just good common sense. Having a camera handy in your car or truck gives you an edge when seeking recourse under the California Lemon Law.

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Thursday, May 20th, 2010

Nissan Defects – Oil Leaks or Oil Consumption

If you are driving a 2006 Nissan Sentra, Altima and some of the Infiniti models there’s a fair chance you’ve had a lemon car as defined by the California Lemon Law. In 2006 Nissan built quite a lot of cars that had oil consumption problems. These Nissan defects were a serious enough problem that they actually stopped selling some models.

Usually manufacturers who are having oil consumption problems with one or more of their models are careful to assert that the “standard” for consumption is 1 quart per 1,000 miles or less. When you ask them to provide information on how they arrived at this so-called standard, all communication ceases. Also if you talk to any Master Technician, they’ll tell you the 1 quart to 1,000 mile standard is a lot of nonsense. They might put it differently.

Manufacturers who are not having problems with oil consumption state that 1 quart per 3,000 miles (normal period between scheduled oil changes) is acceptable. Others say when their vehicles are operating properly they don’t use any oil at all! (Nissan!)

It’s important to know the difference between oil consumption and oil leaks. A leak can usually be easily found. One simple way is to take an old sheet, attach it underneath the car from the engine as far back as possible and go for a drive. Let the car warm up first. If there is a leak you’ll be able to see it and trace back to where the leak originated. Another common technique involves inserting a dye into the oil system and then tracing to leak back to where the dye is found. Consumption is another can of worms. The facts are obvious; engine defects which cause excessive oil consumption are conclusive. The connection between internal engine components and oil consumption is fact.

If you are experiencing these Nissan defects and think you have a lemon car, the dealer is going to dig in its heels and bring forth a long list of reasons why it is your fault and never theirs. We are familiar with these arguments and can often bring the weight of the California Lemon Law to bear on your problem.

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Friday, May 14th, 2010

BMW – 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 case.

After poking around the internet it quickly became obvious that this is a widespread defect. As one who looks at hundreds, even thousands of repair orders every week, many of them for BMW automobiles, I have seen many instances of this defect and discussed them with the owners.

The following are some symptoms of BMW’s high pressure fuel pump problem:

• The vehicle hesitates when starting (engine not getting fuel properly)
• The vehicle loses power while driving
• The check engine light comes on
• The vehicle goes to limp mode

This is when the driver may experience his or her own “Fear Factor”. If this happens while you are on the freeway in the fast lane it can be pretty darn terrifying.

It really seems serious enough that a recall should have been issued. Hardly a week goes by that we don’t receive calls from BMW owners where one of the defects is with the high pressure fuel pump. The obvious reason is that BMW would have to install new fuel pumps on tens of thousands of vehicles. The cost to do this would be tens of millions of dollars.

BMW knows it’s bad, so much so they have issued a special limited extended warranty of 10 years or 120,000 miles on the fuel system whichever comes first. These pumps usually cost somewhere around $3,000.00. If as part of a repair you have to replace this component 3 times…well, the math is simple. I think, as they say, “the jury is still out’ on where this will go, either for the consumer or for BMW.

If you’re vehicle has been affected by this defect contact a qualified California Lemon Law attorney and learn how you can protect yourself.

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Thursday, May 13th, 2010

Toyota 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 what he, she or they do to make up for the damage done. Talk is indeed cheap: it must be; so many people are doing it. So my question to Toyota is; what have you done since all this attention was focused on eight million potentially unsafe vehicles?

From my perspective you gave us utter nonsense about defective floor mats, and to add insult to foolishness, expected us to believe it! Not satisfied with that fairy tale, you then said, oh, by the way, we’re putting a shim in the pedal assembly to help it not to stick. We are further told that you have investigated the electronic throttle controls (the most likely cause) and assert that absolutely nothing is wrong with these controls. And that is it!

Apologies may be appropriate, but more important is doing something. Owners want to feel confident, safe, for themselves and their families. Owners need to know, what are you really doing?

I would add this advice to Toyota from a man Japanese manufacturing chose to name their highest prize for quality.

“Profit in business comes from repeat customers, customers that boast about your project or service, and that brings friends with them.” W. Edwards Deming

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Tuesday, January 12th, 2010

Dealer’s Warranties- Protect Your Lemon Law Rights

Used car dealers typically sell cars on which the manufacturer’s warranty has expired. Consumers often assume that used cars do not qualify for the California Lemon Law. However, sometimes the dealer will issue a separate “dealer’s warranty” – usually good for 30 days. The short term of the warranty gives you as the buyer a very narrow time frame to do anything about a problem car. However, you still have some rights.

The first and most important rule is know what you’re buying. But let’s say despite all of your diligence, the car starts to sputter when you try to accelerate up to freeways speeds or you discover some other serious defect two days after you buy it. It is very important to present the vehicle for repairs and make a record of it within the 30-day period and if the problem isn’t handled to go back.

Ideally, you’ll present the car, they’ll do the work and give you a repair order documenting when you brought it to them. But what do you do if the dealer says, sorry we’re busy, bring it in next week (after the warranty is up)? Or, they claim it is a normal characteristic of the vehicle and refuse to repair it or give you a document?

It is vital to any case you may want to present to have evidence of presenting it for repair within the warranty period. If polite persistence doesn’t get you a repair order, you can write a letter to the dealer stating the date and time you brought the car in for service, whom you spoke to, the defects with the car that you wanted to fix and the exact response. You can have someone go with you who can provide corroboration that you went there. You should save things such as voice mails and e-mails from the dealership that indicate they knew of the problem within the warranty period.

If you have a used car that can’t be fixed don’t assume you have no rights under the lemon law just because it is used. A qualified lemon law attorney may be able to help you get a refund or replacement. The job is made easier if you’ve got a paper trail.

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Wednesday, November 18th, 2009

What Isn’t the Lemon Law Presumption?

Many people mistakenly believe that in order to qualify for the California lemon law your vehicle must be in the shop a pre-requisite number of times within a certain mileage period. This is simply not so. There is what is a called a “presumption” – e.g. in California if your vehicle has been in the shop 4 or more times within the first 18,000 miles for the same defect, or, 30 days in the shop within 18,000 miles, one is presumed to have a lemon. The advantage gained is a technical one; instead of having the burden to prove your vehicle is a lemon, the burden shifts to the manufacturer to show you don’t. Otherwise the real test is and always has been, whether the manufacturer had a reasonable number of attempts to repair the vehicle, and the defect is substantial. That means e.g. your first problem could start as late as 30,000 miles and so long as you give the manufacturer a reasonable opportunity to repair your defect, you may be entitled to a buyback.

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