Lemon Law for California

Build Dates : December 01, 2005 - June 30, 2007  
NHTSA CAMPAIGN ID Number : 07V589000

Date Owner’s Notified: 20080208  
Date Received by ODI: 20071220  
Date Added to Databse: 20071220

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 07204

Component: POWER TRAIN:AXLE ASSEMBLY:AXLE SHAFT:SEAL
Potential Number Of Units Affected : 275936

Summary:
On certain passenger vehicles, the rear axle pinion seal does not meet all of the specifications and may experience a fluid leak.

Consequence: 
A rear differential failure may cause loss of motive power and possibly loss of control increasing the risk of a crash.

Remedy:
Dealers will replace the pinion seal free of charge. The recall began on february 1, 2008.

If you financed or leased your vehicle, you are entitled to get back your down payment (or lease inception fee), government fees, trade-in equity, license fees and all the monthly payments you have made up to the date of settlement.  You may also be entitled to towing reimbursement, as well as rental car expenses you personally paid during your warranty repair visits.  The manufacturer pays off the existing loan (or lease),  you turn the vehicle back in to the car dealership, and you get your Lemon Law refund check.  This is known as a vehicle repurchase.  In certain circumstances you may also elect to take a replacement vehicle in lieu of a repurchase.  This is known as an exchange of collateral.  Your loan remains the same, and you simply “swap” your present vehicle for a new one with the same equipment. Leased vehicles are treated in the same way.

In any Lemon Law action, the manufacturer is entitled to an offset for mileage based on the odometer reading at the first time you had your vehicle repaired for a recurring problem.  There is a specific formula for calculating this offset, which your Lemon Law attorney will discuss with you.
How long can this process take?

We can usually reach a settlement with the manufacturer within 30-90 days by retaining our firm. A very large number of cases are settled in as little as 30 days!  You will not damage or compromise your credit by taking advantage of the Lemon Law.

As you can see, after you retain our firm it can be a very quick process. And we keep you updated on your cases progress. You no longer need to be involved with car dealers or auto manufacturers and suffer the frustration and anxiety of dealing with these problems.

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

“Arbitration” is an “alternative dispute resolution process” that many automobile manufacturers make available to purchasers of their vehicles who may want to pursue their Lemon Law rights. A consumer does not have to use the manufacturer’s arbitration process to enforce the Lemon Law. A consumer can choose to use a Lemon Law attorney.

An arbitration hearing is not necessarily a “win” or “lose” outcome for the consumer. The arbitrator may “award” another repair attempt for the vehicle’s manufacturer as the “reasonable” solution to the problem(s), even though the consumer feels that they have provided the manufacturer or its dealership with more than enough repair attempts. In addition, if the arbitrator does not feel that the consumer’s problem is “substantial,” the arbitrator may reject the consumer’s claim. Often times the arbitrator will ask to test drive the consumer’s vehicle in an attempt to duplicate the consumer’s complaint, however, if the problem is of an intermittent nature this can result in a denial of the consumer’s claim. A very common arbitrator’s decision is to order an additional repair attempt, typically infuriating the vehicle owner. The consumer needs to be aware that an arbitrator’s decision or opinion is not a binding determination of the consumer’s Lemon Law rights.

It is important for the consumer to know that a manufacturer’s arbitration process is VOLUNTARY in California. In other words, the consumer does not have to use the manufacturer’s arbitration process to enforce the Lemon Law. It is also important to be aware that while the arbitrator’s decision is not binding on the consumer, the decision is admissible in any later court proceeding and may be used against the consumer by the automobile manufacturer.

Often times in the course of the arbitration process, the automobile manufacturer may make an offer to the consumer to “resolve” his/her Lemon Law claim. However, such an offer by the manufacturer may not follow the requirements of the Lemon Law and may provide the consumer with substantially less than the Lemon Law would otherwise provide the consumer.

If you are considering, or have already applied for arbitration, you should consider calling our offices prior to any arbitration hearing taking place. In addition, if you have already completed the arbitration process and would like to know if you received or have been awarded your full Lemon Law entitlement, you should consider calling our office for a arbitration award review. 
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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]