Lemon Law for California

Build Dates : Aprl 01, 1997 - May 31, 2003

NHTSA CAMPAIGN ID Number : 07V077000

Date Owner’s Notified: 20071001
Date Received by ODI: 20070305
Date Added to Databse: 20070305

Manufacturer’s Involved: NU WA INDUSTRIES, INC.
Manufacturer’s Responsible for the Recall: CUSTOM CAMPERS INC.

Manufacturer Campaign Number:
Component: EQUIPMENT:RECREATIONAL VEHICLE

Potential Number Of Units Affected : 9457

Summary: 

Certain recreational vehicles equipped with a two-door refrigerator, manufactured by the dometic corporation, may have a defect in the boiler tube. Pressurized coolant solution could be released into an area where an ignition source (gas flame) is present.

Consequence: 

Release of coolant under certain conditions could ignite and result in a fire.

Remedy: 

NU WA will be working with dometic in order to repair these refrigerators (please see 06e076). Dometic will repair these refrigerators by installing a secondary burn housing, a thermal fuse, and a melt fuse free of charge. Dometic has retained stericycle inc. To manage this campaign. Stericycle will assist you in locating dealerships or service centers and will provide assistance with scheduling of appointments. 

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.

• Often times, your new car isn’t suspected of being a Lemon until it is too late (out of warranty, over the mileage limit, etc). If you keep a record of every repair visit, starting with the first one, you will protect your rights under Consumer Laws. Our Repair Logmakes it easy to record every Repair Attempt.

• Document everything! This includes notes, who you talk to, what is said, dates and times. Put your complaints in writing and keep a copy for yourself. Be sure to obtain a copy of any Warranty Repair Orders. Demand a copy if necessary and if the dealer will not give you one, be sure to document the fact. When you pick up your car, obtain an Invoice. The dealer may claim that you are not entitled to an Invoice because there were no charges (you were not invoiced for any repairs). It is up to you to prove repair attempts! The final Invoice shows what was or was not repaired.

• Make absolutely sure the dealer records your complaint on the Repair Order exactly as you describe it. You must make sure to describe the defect exactly the same on each repair visit or you may forfeit your rights under the “reasonable attempts to repair for the same defect” clause.

• Be sure that the date, time in, and odometer reading are recorded as well as the date and time you picked up the car. In most States you are covered by the Lemon Law if the vehicle has been in the repair shop for an accumulative number of days during the coverage period.

• If your car fails in the middle of the desert or in the middle lane of rush hour freeway traffic, record the date and time, the amount of time you had to wait for assistance, whether or not you had to rent a car, and your general overall feelings. The emotional trauma dealing with a defective vehicle has a lot of bearing on your case should you need to go to arbitration or court.

Build Dates : June 01, 2003 - September 30, 2006

NHTSA CAMPAIGN ID Number : 08V541000

Date Owner’s Notified:
Date Received by ODI: 20081014
Date Added to Databse: 20081015

Manufacturer’s Involved: CRUISER RV
Manufacturer’s Responsible for the Recall: CRUISER RV
Manufacturer Campaign Number:

Component: EQUIPMENT:RECREATIONAL VEHICLE
Potential Number Of Units Affected : 5021

Summary: 

Cruiser RV is recalling my 2003-2006 cruiser and land roamer fifth wheel travel trailers equipped with a two-door refrigerator manufactured by the dometic corporation. The refrigerator may have a defect in the boiler tube. Pressurized coolant solution could be released into an area where an ignition source (gas flame) is present.

Consequence: 

Release of coolant under certain conditions could ignite and result in a fire.

Remedy: 

Cruiser RV will be working with dometic in order to repair these refrigerators (please see 08e032). Dometic will repair these refrigerators by installing a secondary burn housing, a thermal fuse, and a melt fuse free of charge. Dometic has retained stericycle inc. to manage this campaign. Stericycle will assist the owner in locating dealerships or service centers and will provide assistance with scheduling of appointments. 

New vehicles may contain hidden mechanical flaws or defects in workmanship, caused by design flaws or by an error during the automotive factory build process. These errors can range from parts being installed incorrectly to a tool that was used to build the car not being removed or a batch of materials with structural or chemical flaws.

Consumer protection legislation typically labels vehicles as “lemons” if the same problem recurs despite multiple repair attempts (such as three times in a row over a short period, where previous attempts have not fixed the problem) or where defects have caused a new vehicle to be out of service for a prolonged period (typically thirty days or longer) for repairs.

The primary objective of these lemon laws is to force manufacturers to buy back defective vehicles or exchange them. Depending on the jurisdiction, a process similar to vehicle title branding may also be used to warn subsequent purchasers of the history of a problem vehicle. This portion of a vehicle’s history is, however, often not retained with the vehicle title when exporting vehicles to another jurisdiction.

If you purchased a used car there are two situations in which you may be qualified for cash or other lemon law benefits:

Situation #1: You may be entitled to compensation for breach of warranty if you had one of the following warranties:

 Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with fewer than 36,000 miles will have this. But if the warranty is longer, you may have even more time).

 Your vehicle was “Certified” by the Manufacturer (in which case it came with a short Manufacturer’s Warranty, typically 1 year).

 You purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).

Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.

Situation #2: When No Manufacturer’s Warranty Exists If you do not have a manufacturer’s warranty of any kind you may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle.

 Prior history of mechanical problems known to the seller: Laundered Lemon.

 Previously salvaged or wrecked.

 Fraudulently rolled back odometer.

 Rental car, police car, taxi, or similar.

 Stolen, stripped and rebuilt.

 Involved in a flood.

Lemon Laws vary from state to state, so accurate information on the scope and restrictions of Lemon Laws in a particular state should be obtained from an attorney practicing in that state.

Build Dates : October 10, 2005 - November 30, 2007

NHTSA CAMPAIGN ID Number : 07V343000

Date Owner’s Notified: 20080130
Date Received by ODI: 20070808
Date Added to Databse: 20070808

Manufacturer’s Involved: FREIGHTLINER LLC
Manufacturer’s Responsible for the Recall: CRAFTSMEN LIMOUSINE
Manufacturer Campaign Number: FL-509

Component: STEERING:GEAR BOX:SHAFT PITMAN
Potential Number Of Units Affected : 6227

Summary:

Certain motor home chassis equipped with zf model 8018 steering gears may have been assembled with the incorrect recirculating ball spacer. This could potentially allow the recirculating balls to escape from the recirculating ball circuit resulting in a loss of steering.

Consequence:

The operator may notice higher required steering wheel inputs, or the need for more steering wheel adjustments while driving in a straight line in combination with metallic cracking noises prior to a loss of steering. Loss of steering could result in a vehicle crash.

Remedy:

Dealers will replace the steering gear free of charge. Phase one of the Craftsmen recall began on January 30, 2008 for 1,392 vehicles. Expanded mailings are expected to begin on may 16, 2008.

Factors in maintenance and modification which can contribute to motor vehicle accidents include:

Poor Maintenance of Brakes - Obviously, brake failure can be a significant factor in causing an accident, as an unexpected brake failure may leave a driver unable to slow or stop in order to maintain control of a vehicle, or to avoid a collision.

Poor Maintenance of Tires - Tire blowouts from old, worn, or improperly patched tires can result in an accident.

Dangerous Modifications - Sometimes drivers will make after-market modifications to their cars, without regard for the laws or vehicle safety regulations. Sometimes the modifications will diminish the safety of their vehicle, will impede their ability to properly observe the roadway, or will increase the danger to others as a result of collision. Excessively bright headlights or foglights, for example, can blind oncoming drivers. Where after-market modifications are performed by a company, that company may also face liability if the modifications contribute to an accident or injury.

Older vehicles may be subject to axle failure, suspension failure, or a steering mechanism failure. When such failures occur on newer vehicles they may suggest a design or manufacturing defect in the vehicle. Routine maintenance and inspection can help prevent a mechanical failure from causing or contributing to accident or injury. Drivers should also heed manufacturer recall notices.

Nothing can replace the loss of a loved one. But when the loss was caused by the poor design of a vehicle or component, the victim’s family can achieve justice, peace of mind, and perhaps even prevent a similar tragedy from happening to someone else. In cases involving accidents caused by defective vehicles obtaining justice requires experience, determination, and a readiness to go all the way through trial.

The manufacturer of a product has the legal responsibility to see that it is safe in normal use. Yet every year, defective products cause hundreds of accidents, some of them fatal.
In a products liability case, the insurance company for the manufacturer wants to limit both their liability for the accident in question and the number of other potential claims involving the same type of defect. For those reasons, the insurance company and their lawyers will resist providing fair and complete compensation to the victim of the accident.

We carefully analyze all aspects of the case to identify the true reasons for the product failure. We call in design, engineering, and materials experts who can provide expert testimony in court. We quantify the loss to our client and aggressively prepare for trial. Our objective is to maximize the compensation our client receives.

NHTSA CAMPAIGN ID Number : 08V584000

Date Owner’s Notified:
Date Received by ODI: 20081107
Date Added to Databse: 20081107

Manufacturer’s Involved: COWBOY CLASSIC CONVERSIONS, INC
Manufacturer’s Responsible for the Recall: COWBOY CLASSIC CONVERSIONS, INC
Manufacturer Campaign Number:

Component: EQUIPMENT
Potential Number Of Units Affected : 13

Summary:
Cowboy classic is recalling 13 my 2006 featherlite, elite, platinum, keifer, and MY 2007 Elite and Platinum horse trailers equipped with a two-door refrigerator manufactured by the dometic corporation. The refrigerator may have a defect in the boiler tube. Pressurized coolant solution could be released into an area where an ignition source (gas flame) is present.

Consequence:
Release of coolant under certain conditions could ignite and result in a fire.

Remedy:
Cowboy classic will be working with dometic in order to repair these refrigerators (please see 08e032). Dometic will repair these refrigerators by installing a secondary burn housing, a thermal fuse, and a melt fuse free of charge. Dometic has retained stericycle inc. To manage this campaign. Stericycle will assist the owner in locating dealerships or service centers and will provide assistance with scheduling of appointments.