Lemon Law for California

To compound the problem of the unattractiveness of warranty work to the dealership technician, frequently dealer and manufacturer representatives are given training in the Lemon Law, and they will use it to their advantage, and against their customers. An example of this would be, a customer complains for the fourth time in a year of a transmission malfunction. The dealer or manufacturer rep may then say, “But it wasn’t the same transmission part this time, so therefore it does not qualify under the Lemon Law.” “They will say that it was this part one time, a different part the next time, even though it may have been the same part both times. Absolutely, they do things like that in avoidance of lemon law cases.”

With a few rare exceptions, where there is fraud at the outset, Lemon Law cases hinge on the defects.

Ideally you’d like a nice long string of the same or similar substantial defects. Substantially, the definition of, is what makes Lemon Law cases. If the manufacturers had their way, substantial would only include vehicles that repeatedly explode spectacularly, while being driven on the freeway and the driver is a sweet little lady of 80 carrying four or five nuns as passengers.

It is a fact that many manufacturers will deny a case where there are four well-documented engine defects and the problem is still present. This could be a case that is well-qualified for almost any state’s Lemon Law.

On the owner’s side it is not unusual for a car owner to think that the faint squeak in the trunk is akin to a full symphony orchestra playing Bartok fortissimo and why the hell should he have to take it in more than twice before getting rid of his manifestly horrible car.

Somewhere between these two extremes is the area of reality. Common sense must apply. Sometimes it is our job to help the manufacturer and the car owner to understand when enough is enough.

I was talking with a motor home client the other day. He said, “if you are going to purchase a motor home, you better be handy at fixing things.”
This bothered me for a couple reasons. My first thought was, if I spend two or three hundred thousand dollars for anything, I do not want to spend time fixing it. I want to enjoy it!

Go ahead, look through the promotional material for a Class A motor home. Search for the section where it says, if the walls begin to de-laminate here’s what you do to fix it. Guess what? You won’t find one word about what you have to do to fix your new motor home. It came with a warranty. The warranty says in essence if it isn’t exactly what was advertised, they will make it like new. The dealership will repair it.

In the real world repairs made at the dealership often leave the vehicle in worse shape than it was before they started work. Having reviewed hundreds of Lemon Motor Home, RV, and 5th Wheel Lemon law cases I have seen this over and over.

Years ago I thought it would be a nice to buy a motor home and go traveling with my wife. I’d still like to travel in a leisurely way but I probably won’t buy a motor home. I am not handy at all. It’s not the same when you buy a house. I’ll fix what I can and when I can’t I’ll hire someone to fix it.

When I review a common list of defects for a normal motor home maintenance visit it’s always at least two pages. Most of the defects can be fixed and if the dealership would just do this, most motor home owners would leave and get on with their travels, no harm, no foul.

That’s not how it is. There is this thing called service, or attitude as it is more commonly described in modern slang. If you wanted to be treated like a fool, have every problem that occurs blamed on you, treated like you cannot tie your shoes unassisted, never called back when promises are made to call, buy a motor home. If this were simply my opinion, I wouldn’t write it. Go to Google, enter RV poor quality as a search. You will get to read page after page of motor home quality horror stories. I am still optimist enough to believe someone out there has bought a good motor home, RV or 5th wheel.

Sometimes I think I understand why we tolerate and purchase such abysmal junk. Part of it is thinking nothing can be done about it. Have we become so disillusioned in the market place we are getting what we expect? I am of the opinion that the market place, that’s you and me, refusing to accept poor work or rotten service sets the standard. If we lower the bar and say, “oh well, that’s just the way it is,” we’ll get crapped on. If we snarl and take the manufacturers and dealers to task, insist on quality and proper customer service, we will get a better product.

I understand, folks get to the point of retirement don’t need any strife in their life. They have been there and done that. But letting a bad manufacturer or dealer take advantage of your good natures cannot be accepted. Like any other evil that is “tolerated” in can become institutionalized, and that is a very bad thing. It’s like having no expectation of a politician other than venality and greed. We get what we permit.

I would like to hear from you, the people who own and use motor homes, see what you think. We used to make fine things. What happened to real quality?

Basically, when you hire a lawyer they go through an extreme investigation in order to learn everything
that they can about your car. This is the only way for them to know how the concerns, which are typically referred to as non-conformities, have affected the use, value or safety of your car. At least this is what they do if you’ve used the previous guide to find a lemon law lawyer who know’s what they’re doing.

When the investigation is absolutely finished, the lawyer will confront the manufacturer of the car, present a very thorough statement about your case and then demand a full recovery for you. If the manufacturer agrees with your position, and you are satisfied with the offer, the case can generally be resolved very quickly.

It is entirely your own choice whether or not to accept or reject any offer. If you choose not to accept the offers made, the case next moves on to litigation which happens by your lawyers filing a lawsuit on your behalf in court.
No matter what you may think, it is not your word against the dealers either. Though this is what the manufacturers want you to feel, it just isn’t the case. Lawyers have the means to get all documents, repair records, service bulletins and names of witnesses to prove your case in court.

Good lawyers frequently take advantage of the services of Master ASE certified mechanics and appraisers who are can act as an impartial aid in understanding the nature of the non-conformities. If it’s necessary, the things that they find are then used in the testimony at trial to prove your case in the event it cannot be settled.
Lawyers use a large number of tools to prove your claim, so it is never your word against theirs. In this sense at least, you should feel at ease. You might be wondering how you can win a case when the repair records given to you by the dealer say the problem was never found. Well good lawyers are ready for this too.

Manipulation and/or poor preparation of repair records is one of the biggest concerns in lemon law cases. What most people don’t know is that when a car is taken to a dealer for a warranty repair, several copies of the repair order are made within the service department, most of these the customer will never see, even if you ask.
Each repair that is performed contains the following copies: customer; warranty payment; accounting and even a hard copy that shows all of the mechanics notes that were made for each repair. Most of the time these notes are not available to the customer; however, the customer copy will list a problem that is the most often complained about but the dealer’s actions might read “could not duplicate customer concerns.”
For that matter, it’s not entirely common for the hard copy to show you that the mechanic found the problem but has also been instructed not to try to do any repairs because no simple procedure can actually fix it.

When this happens, you, the customer get left with the wrong idea that the car is operating properly and will unknowingly drive it anyway; with a potentially dangerous defect.
You may be wondering why this happens so often. Well, it could be that a certain make or model in specific may suffer from a uniform problem such as a defective door latch which the manufacturer still hasn’t corrected.

Since there isn’t a factory authorized repair that was completed at the time, the dealer is told to either write “could not duplicate” or maybe “vehicle operating as designed” and the next thing you know the dealer sends you home with repairs still needed, but not performed.
Another reason that always seems to pop up is time. This is particularly the dealer’s time. Many dealers simply don’t have the resources or the mechanics that they need to properly diagnose and address a concern.

Other times, the manufacturer may limit the amount of time used to diagnose the cars for repairs and in many other cases, the dealer has to use unskilled mechanics who lack the knowledge to perform their function in an effective manner.
The bottom line here is that while repair records are always helpful to a case, they are not the only thing that will determine the outcome. If you feel you are not getting what you paid for in regards to your car’s quality and reliability, then no amount of misrepresentations on a repair invoice should convince you of anything else.

Here is a list of some of the things that you need to pay close attention to:
• How the vehicle is represented by the dealer at the time of sale.
• The repair history of the car and the repair orders that are not given to the customer.
• Accurate statement of customer concern per each invoice.
• Whether an effort of good faith was made to diagnose the problem already.
• Whether the model has a history of problems or not.
• Whether the customer was told the problem would disappear on its own.
• Whether the dealer noted on any invoice that there was a problem that could not be repeated.
• Whether the invoices make a reference to an accident that may have occurred before the sale and if so, whether the damage was mentioned.
• If the dealer told any lies about a customer’s legal rights and most importantly: Whether the customer got what he paid for.

When it comes to your individual case, the lawyer that you choose is very important to the outcome. And what they can do for you rests a great deal on what resources they have available to them and how much information they can gather on your behalf.
So, that’s about it for this guide to lemon laws and your options if you have a lemon car. We’ve covered a lot of information and I hope you’ve found it helpful. After all, that’s why I built this site.

In the interest of being thorough I decided to also include some information on the Magnusson-Moss Warranty Act as well as a complete list of all the state automobile lemon laws. Even though we’ve covered the must-know information already I do suggest taking the time to read through those sections as well.
Finally, if you did find the information in this site useful please let your friends and family know about it. You never know, you might just save them the time and trouble of dealing with a lemon of a car.

It is very important that for repeat problems you Describe the Problem the same each time you take the vehicle in for repair. Make sure that what you say is what is written on the Repair Order. The problem you describe and the problem the service writer enters on the Repair Order may be two different things. If you hear a “clunking noise in the left rear only when driving above 50 mph”, make sure THAT is what is written on the Repair Order. The service writer may write “Check clunking noise in left rear” and the mechanic may only test drive the vehicle at slower speeds and not be able to duplicate the problem. To protect your rights under the Lemon Laws, you must describe an unfixed defect the same, each time you take the vehicle in for repair, and you must make sure that your complaint is written on the Repair Order. For Warranty repairs, you must take the vehicle to an Authorized Repair facility.

When you pick your vehicle up, make sure you receive an Invoice for Work Performed. The Dealer may tell you that there is no Invoice because you were not charged for any repairs. It is your right to know what work was performed and the Invoice is the document that details this information.

Was the problem fixed? Was the problem unresolved - meaning the Repair Shop could not duplicate it or find the cause of it? What was fixed (or not fixed) based upon your initial reason for taking the vehicle into the shop in the first place?

For Lemon Law cases, it is important to note whether the Dealer fixed the problem or could not fix the problem. The Repair Shop may say that the problem was fixed, but you drive away and the problem appears again (or it appears again in a few days). In this case, this is a new Repair Attempt for the Same Defect. Take the vehicle back and create a new Log Entry.

Manipulation and/or poor preparation of repair records is one of the biggest concerns in lemon law cases. When a vehicle is taken to a dealer for a warranty repair, several copies of the repair order are generated within the service department, most of which you the customer, never see.

Each repair contains the following copies: customer; warranty payment; accounting and a hard copy showing all mechanic’s notes made for each repair. Such notes are not made available to the customer. Frequently, the customer copy will list a problem complained of but the dealer action performed in response may read “could not duplicate customer concerns”. It is also not uncommon for the hard copy to show the mechanic found the problem but has been instructed not to attempt any repair because no corrective procedure exists to fix it! In such a case, the customer is left with the false impression that the vehicle is operating properly and will unknowingly drive with a potentially dangerous defect.

Why is this practice seen time and time again? Perhaps a certain make or model may suffer from a uniform problem (i.e. door latch defect) which the manufacturer has yet to correct. Since there is no factory authorized “repair” at the time, the dealer is instructed to either write “could not duplicate” or perhaps “vehicle operating as designed” and sends the customer on their way with repairs needed, but not performed.

Another reason is time. Dealer time. Many dealers lack the resources and mechanics necessary to properly diagnose and address a concern. Under warranty procedures utilized by manufacturers, a problem which goes undiagnosed by a mechanic, will not be paid. In other cases, the manufacturer may limit the amount of diagnostic time for repairs and in many other cases, unskilled mechanics lack the knowledge to perform their function in an efficient or effective manner.

The bottom line is that while repair records are helpful to a case, they are not the only thing that determines the outcome. If you feel you are not getting what you paid for in quality and reliability, then no amount of misrepresentations on a repair invoice should convince you otherwise.
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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]

Initially, a consumer that feels they have a valid claim under the Lemon Law should attempt to resolve the issue with the manufacturer. You may choose to contact the manufacturer through the dealer from whom you purchased the car, or you may prefer to contact the manufacturer directly.

If this is not successful, you may want to consult with a lawyer. We can provide you with a list of lawyers who routinely handle lemon law cases. Often the manufacturer or dealer will suggest you submit your claim to arbitration. 

The consumer may be awarded all or any portion of the following:
• 1) Revocation of acceptance and refund of the purchase price, including, but not limited to, sales tax, license and registration fees, and other reasonable expenses incurred for the purchase of the new motor vehicle, or if there be no such revocation of acceptance, damages for diminished value of the motor vehicle;

• 2) Damages for the cost of repairs reasonably required to conform the motor vehicle to the express warranty;

• 3) Damages for the loss of use, annoyance or inconvenience resulting from the nonconformity, including, but not limited to, reasonable expenses incurred for replacement transportation during any period when the vehicle is out of service by reason of the nonconformity or by reason of repair, and

• 4) Reasonable attorney fees.

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

Yes, we handle Lemon Law cases across the United States. If necessary, we will travel to you at absolutely no cost to you. If it is necessary to file a lawsuit in your case, the matter will be filed and litigated in your local county court.

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

We are a full service law firm specializing exclusively in “lemon law” and related vehicular and consumer protection cases.
We handle “lemon law” cases for clients throughout the entire State of California. There is no need for our clients to initially meet with us on these cases because once you fax or mail us your documents, we do it all . . . without any inconvenience.

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