California Lemon Law


Thursday, September 9th, 2010

CA Lemon Law: The Extended Warranty

Here is a typical (unfortunately), bit of information offered by a potential CA Lemon Law client calling Norman Taylor & Associates to get help with his defective motor vehicle. When we asked about the date of the first repair attempt the date he gave was after the original warranty had expired: We told him this and he said, “Oh, no problem, I have an extended warranty.” Listen closely! Did you hear a sigh of disgust and disappointment from the interviewer? This is important; the disgust was not aimed at the caller. That would definitely be the wrong target.

Here’s why I am annoyed, ticked off, disgusted. You can’t purchase any instrument, guarantee, warranty, whatever that will extend the original warranty on a car or truck. Write that on the palm of your hand please. When your original warranty – usually 3 years, 36,000 miles; sometimes more – is done, that’s it there isn’t any more.

For the manufacturer or dealer or both to suggest that if you buy an extended warranty your original warranty is somehow made longer, is just so much horse hockey. Please don’t ask me to explain horse hockey. If it did extend your warranty, it would have a significant effect on your ability to access the provisions of the CA lemon law. No manufacturer will ever willingly do that.

There are exceptions; with Certified Pre-owned vehicles the manufacturer will often authorize additional warranty, sometimes as much as up to 100,000 miles; but this is rare. Also, when the manufacturer knows that there is a serious defect with a specific vehicle – BMW and the High Pressure Fuel Pump for example – they will increase the warranty of that specific part of the vehicle. But you cannot buy additional original warranty.

When you buy an extended warranty you are buying MAINTENANCE INSURANCE. That is correct. It’s insurance. Most of the time if it is applied to a repair, you will have to pay the deductible. It may be $50, $100 or more and the maintenance insurance pays for the rest. It’s not that it’s a bad thing as long as you understand exactly what it covers.

It is just like your regular insurance. It has nothing to do with the original warranty! That is why it fills me with disgust and other less charitable feelings toward manufacturers and dealers. It is an error (some might say a crime) of omission. It’s what they don’t tell you. The California Lemon Law covers a lot of ground but the defects must begin within the original warranty. If you bought an “extended warranty” thinking you have the same rights for remedies under the CA lemon law as you did with your original warranty, think again. If you are not sure, all us and we will go through the whole process together.

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Tuesday, August 24th, 2010

California Lemon Law- Air Suspension Problems

When the air suspension fails the effects can be startling beyond what happens with an ordinary coil spring suspension system. Because these systems can adjust the suspension to three different ride heights another computer control system is required. This complex suspension control system is added to vehicles that are already over-burdened with software and computer modules.

Air suspension failures may range from delays while the system tries to figure out if the car is level to truly life-threatening defects. At Norman Taylor & Associates we interview consumers every day who are trying to cope with cars and trucks that just can’t be repaired who may have recourse under the California Lemon Law. An example on the scary side occurred to one of our clients recently. While driving on the freeway in the fast lane both right side elements of the air suspension sagged to the lowest ride height. Without warning the consumer was trying to drive a car that was leaning to the right. Just getting it over to the side of the freeway safely was more excitement than any one needs.

You might be surprised at how many models have an air suspension system installed. The following is a partial list. Not all manufacturers have air suspension systems on some of their models. As you can see, it is more often in use on higher end vehicles.

  • Rolls Royce
  • Lexus
  • Mercedes Benz
  • Land Rover
  • Audi
  • Lincoln

The kinds of failure are fairly predictable. At the heart of the air suspension system is a rubber airbag or bladder. Air bag or air strut failure is usually caused by wet rot, due to old age, or moisture within the air system that damages it from the inside. Air ride suspension parts may fail because rubber dries out. Punctures to the air bag may be caused from debris on the road.

Air line failure is a failure of the tubing which connects the air bags or struts to the rest of the air system. This usually occurs when the air lines, which must be routed to the air bags through the chassis of the vehicle, rub against a sharp edge of a chassis member or a moving suspension component, causing a hole to be formed.

Compressor failure is primarily due to leaking air springs or air struts. Note: To date this is the defect we have seen most often with lemon cars. The compressor will burn out trying to maintain the correct air pressure in a leaking air system. Compressor burnout may also be caused by moisture from within the air system coming into contact with its electronic parts.
This list is by no means everything that can happen. For example, as noted earlier, the chances that a software error can cause serious problems, has to be included.

We see it over and over, technology for the sake of technology, because it is a cool thing to do and gives the maker and opportunity to one-up the competition gets out of hand. It is too early to know whether this is a technology that is here to stay or just one of the technological flavors of the model year.

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Tuesday, August 3rd, 2010

California Lemon Law: Toyota Arrogance; Will it Never End?

Believe it or not, I was once a fan of Toyota and their manufacturing techniques. Toyota, like many other manufacturers in Japan, was taught quality techniques by an American Engineer and Statistician, Dr. W. Edwards Deming. Before worked I in the Lemon Law, I taught Dr. Deming’s quality techniques at manufacturing firms all through the nineties. Japan’s highest prize for quality is called the “Deming Prize”. I am not a Toyota fan any more.

This breaking news from an article in Automotive News is just one more example of corporate bad behavior. “Toyota spars in U.S. court over internal documents.” They do the same thing when we try to apply the California Lemon Law. They really bring new meaning to the expression “stonewall”.

It’s interesting and saddening to see a once great organization lose its way, to lose those characteristics that define is true strength. Toyota for many years was an icon of quality manufacturing. Some people say it is a natural phenomenon, the rise and fall of any organization, of civilizations, even of a country. It begins and ends with ethics. They began with the desire to hold the highest quality standard and ended in court. If I were a less positive person I could get depressed.

The California Lemon Law was enacted to bring ethical standards to an industry steeped in arrogance. They operated as though their size along gave them license to be contemptuous of the individual owner. This behavior will never win in the long run. Better to do the right thing than become another footnote in the history or manufacturing.

I would be really interested in how you who read this feel about this deplorable situation.

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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 several calls from consumers complaining of the high pressure fuel pump, it was obvious to us that this was 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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