Lemon Law for California

Build Dates : April 01, 2005 - June 30, 2005  
NHTSA CAMPAIGN ID Number : 06V020000

Date Owner’s Notified: 20060323  
Date Received by ODI: 20060125  
Date Added to Databse: 20060125

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 05111

Component: FUEL SYSTEM, GASOLINE:DELIVERY
Potential Number Of Units Affected : 17462

Summary:
Certain vehicles equipped with V6 engines may have a condition where fuel is no longer supplied to the engine. This condition occurs without the illumination of the fuel level low indicator light or the warning chime.

Consequence:
If the engine stops running, the operator will not be able to restart the vehicle which could increase the risk of a crash.

Remedy:
Dealers will reprogram the Electronic Control Module (ECM) with new software free of charge. Owners were notified in december 2005 and asked to maintain at least 1/4 of a tank fuel level to avoid this condition until the parts are available. The parts are now available, owner renotification began on march 23, 2006.

As a general rule, a vehicle that suffers from a material defect(s) is a lemon if it remains unrepaired after a “reasonable” number of repair attempts (as little as two repair attempts in the case of safety defects). A material defect or “nonconformity” to the warranty is defined as a defect that “substantially impairs the use, value or safety” of the vehicle. Serious safety defects such as brake or steering failure or stalling easily meet this standard, and most mechanical or drive-ability problems will qualify under this standard. Many other problems, however, may also qualify as material defects, including problems related to cosmetics and comfort. An unacceptable number of “little problems” also affects the issue of whether the use, value or safety of your vehicle has been substantially impaired.

What constitutes a “reasonable” number of repair attempts is a question that can best be answered on a case-by-case basis. With over 20 years of experience, our firm can provide a quick, cost-free evaluation as to whether your vehicle qualifies for protection under the Lemon Law.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]

If your vehicle or other consumer product is a lemon, you are entitled to have it repurchased or, if the manufacturer or retailer is willing, to have it replaced. In other words, if they are unwilling to replace a lemon product they must repurchase the product. If you choose a replacement vehicle, you’re entitled to a motor vehicle “substantially identical” to the vehicle being replaced. The manufacturer or retailer is responsible for paying all taxes and licensing fees.

If you choose to have your vehicle repurchased, you’re entitled to a refund of all monies invested in the lemon, including down payment, monthly finance payments and payoff of the finance contract. In either the case of a replacement or repurchase, you are also entitled to recover expenses such as towing costs, rental car fees and repair costs.

The manufacturer or retailer is entitled to deduct from your recovery (or charge you in the case of a replacement vehicle) an amount for your use of the lemon vehicle prior to the first repair attempt. The Lemon Law provides a formula that calculates the so-called “mileage deduction” as follows: mileage at the time of the first repair attempt of the defect, divided by 120,000, times the actual price paid or payable by the buyer. So, for example, if your vehicle had 12,000 miles the first time the manufacturer’s representative tried to fix the vehicle, and you paid $20,000 for the vehicle, there would be a $2,000 deduction from your recovery under the Lemon Law.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]