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California Lemon Law Questions & Answers
1 Answer | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Lemon Law for California on
Q: Can owners take HOA to court?

HOA is charging $50 per day a unit is rented without HOA consent. The waiting list to rent has not changed for close to ten years or so. CCR has a waiver, but HOA refuses to consider it. Our daughter was born premature and has a respiratory health issue. The complex prohibits smoking in the... Read more »

James L. Arrasmith
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answered on Feb 24, 2023

Yes, owners have the right to take their HOA to court if they feel that the HOA has violated their rights or breached their obligations under the governing documents, such as the CC&Rs (covenants, conditions, and restrictions) and bylaws.

In the scenario you described, it seems that the...
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2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I have a Sleep Number be which has been broken for over a year. "Parts are backordered" Is there a law about reasonable

time to repair? Any code to force them to repair or replace within a certain amount of time?

James L. Arrasmith
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answered on Feb 20, 2023

In California, there are laws and regulations that protect consumers' rights when it comes to product warranties and repairs. The specific law that may apply to your situation is the Song-Beverly Consumer Warranty Act, also known as the California Lemon Law.

Under this law, if a...
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2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a pre-owned vehicle with time remaining on the New Vehicle Warranty but denied coverage by a service center.

The New Vehicle Warranty is transferable. I participated in an arbitration and the manufacturer was ordered to repair the car. The manufacturer has blacklisted the car, preventing any service done to the car including recall repairs, can't even make a service appointment. Since I've... Read more »

Leon Bayer
Leon Bayer
answered on Nov 11, 2022

The damage to the windshield was caused by the negligence of the repair shop, wasn't it? If so, it is not a mechanical defect and is outside of the warranty and the manufacturer has no responsibility for it. Your claim is against the shop.

Damages for your wasted time is not...
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2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a pre-owned vehicle with time remaining on the New Vehicle Warranty but denied coverage by a service center.

The New Vehicle Warranty is transferable. I participated in an arbitration and the manufacturer was ordered to repair the car. The manufacturer has blacklisted the car, preventing any service done to the car including recall repairs, can't even make a service appointment. Since I've... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 10, 2022

You have quite a few issues here in your post. There are quite a few legal issues as well that relate. The biggest issue right now is there's a recent case in California that says used cars are no longer covered by the lemon law. A good lemon law attorney can probably find a way around that... Read more »

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3 Answers | Asked in Lemon Law for California on
Q: i purchased a 2017 chevy cruze from a dealer ship called Family auto sales, it keeps on heating up.

I took the car to the dealership three time already, twice they have said that they don't find anything wrong with it. the third time they just said it was not their problem anymore since the car was already financed and it belonged to the finance company. I took it to a third party repair... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Sep 22, 2022

you should gather all your paperwork (from purchasing the documents, to warranties, to report reports, etc) and consult with an auto fraud/ dealership fraud attorney. during the consultation and after full review of your documents, the attorney should be able to inform you of your legal options in... Read more »

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1 Answer | Asked in Lemon Law for California on
Q: I purchased a used vehicle from a dealership in CA. 04/21/2022. it has been 107 days and dealer has failed to transfer

I called DMV and was told the dealership failed to transfer tittle. DMV also informed me that the dealership in fact had possession of the new registration "tags" at the time of purchase. However, i did not recieve those stickers. Registration expired in March 2022. Purchased vehicle... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 6, 2022

Anything else you should know? The law is rarely black and white and even when it is, some lawyer or some judge figures out a way to add a new shade of grey. We have an adversarial system of justice and that keeps both sides employed. Both sides argue and then typically, if they cannot settle... Read more »

2 Answers | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Can I have dealership remove paint protection and gps theft protection add on?

Dealership added warranty, paint protection, and gps tracker on the contract. The contract was already signed, we were able to have the warranty removed, but not the paint protection and gps theft protection as they said they are required when buying new vehicles from their dealership. Is this true... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 9, 2022

The law in AZ is almost assuredly different than the law in CA and if you were in CA I'd advise you to reach out to the DMV, who monitors and licenses dealers, as those things are not required, that's a scam plain and simple. In AZ, they tend to care more about businesses than they do... Read more »

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2 Answers | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Can I have dealership remove paint protection and gps theft protection add on?

Dealership added warranty, paint protection, and gps tracker on the contract. The contract was already signed, we were able to have the warranty removed, but not the paint protection and gps theft protection as they said they are required when buying new vehicles from their dealership. Is this true... Read more »

Leon Bayer
Leon Bayer
answered on Jun 9, 2022

You have asked a good question which should serve as a warning to all consumers: Read the contract before you sign it.

I think I can guarantee that if you had complained before you signed, those add-ons would have been removed. The dealer's explanation is simply bs to lull people into...
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1 Answer | Asked in Lemon Law for California on
Q: What do I do if I am leasing a lemon and it's been on shop for almost a month and no estimated time of fix lost my job

And now I am going to lose my place to live and still don't know when I will get my car back help what can I do

Yelena Gurevich
Yelena Gurevich
answered on Dec 5, 2022

have you called and consulted with auto fraud attorneys regarding the issue?

1 Answer | Asked in Lemon Law for California on
Q: I bought a lemon and have been in and out of the dealerships for the last year being I purchased on 10/20/2021.

I'll try to say this as nicely as possible but in regard to my attorney, I'm beyond fed up at this point. 1. I've never even talked to the attorney himself I have to speak to the assistant who has horrible communication skills. She does'nt return my calls, voicemails or emails... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 11, 2022

Sorry for your issues. You may want to pay some one for 30 to 60 minutes of time to re-evaluate and or give a second opinion.

2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: What can I do about mechanical issues and damage on the brand new RV purchased from a dealership?

I just purchased a brand new 2022 RV from a dealership. We purchased it about 2 hours away from our home. When we got it home that same day of purchase, the slide out was malfunctioning. After getting a mobile repairman out for inspection he found that the wiring was faulty and slide out damaged.... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Apr 6, 2022

The buyer has the option to demand repair or replacement for violations of California's Song Beverly Consumer Warranty Act, the "lemon law." It is a violation, subject to limitations, for a warranteed product to be out of service for 30 days or more. You should contact an experienced... Read more »

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1 Answer | Asked in Products Liability and Lemon Law for California on
Q: 2011 Hyundai Sonata engine blew with only 72,000 miles from Carvana.

I'm asking this on behalf of my younger cousin. She baught a 2011 Hyundai Sonata with only 72,000 miles from Carvana in May of 2021. Last week the engine blew out. Got it back from the mechanic yesterday and it will be $7000 to fix. The car was sold to her for $10,000 but she ended up with a... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Feb 17, 2022

you cousin needs to call and consult with an attorney than handles dealership fraud cases. these cases are very fact and document specific and until an attorney does a full review, it will be very difficult to give your cousin any legal advice.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Lemon Law for California on
Q: Does my family member have a case for innocent, or even negligent misrepresentation?

A family member of mine recently purchased a used car in California, opting to enter into an “as is” contact because the car dealer showed them paperwork certifying the condition of the car (checked/signed off on by a mechanic of his choice), as well as a clean accident report. Due in large... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jan 31, 2022

Like most attorney responses...it depends. The fact pattern suggests your friend had the vehicle inspected by "mechanic of his choice." This implies that your friend's mechanic inspected the vehicle and found no issues. Or it could imply that your friend did not have the vehicle... Read more »

2 Answers | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: I bought a new ford Mustang Machi full electric car, the sticker said in a fullcharge 211 i am getting 145 . brand new

iwent back to the dealer after 1 week it was 179 miles full charge and they told me because its new it should catch up and then went back the week after and it was 170 miles full charge and the car had 400 miles at the time, they said you have to drive at least 1200 miles for the car to adjust, i... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 17, 2021

I think a lot of lemon law attorneys would consider taking this case.

To me, your life is much simpler if you SELL the vehicle now, since it is likely worth

as much or more than what you paid for it and then just buy a different one.

Either way, I hope it works out for you.

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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Does a 30 day used car warranty resume or reset after it has been in repair within that time?

I bought a used truck from a used car dealership that offered a 30 day warranty. After 6 days I sent it back to the dealership to get the sunroof fixed. It wouldn't open. The car is now approaching the 30 day warranty mark while in the dealers possession. Since I've only had possession of... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 15, 2021

There is a provision in the CA lemon law that provides that the number of days the vehicle is in the shop extends the warranty by that number of days. AND if the issue is not fixed, the warranty remains in place on that issue until it is.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Lemon Law for California on
Q: Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is avai

Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is available at a Mazda certified dealership and the person that takes pictures of the car disclosed the information that this car had been in an accident and that it did not need to be... Read more »

Leon Bayer
Leon Bayer
answered on Oct 22, 2021

It should be traceable IF anybody filed a DMV SR-1 report. Otherwise, I doubt there is any way to know.

I suggest you ask the dealer to provide you with a copy of the collision damage repair statement. The car was probably sent out to an independent shop. Most dealers do not do their own...
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1 Answer | Asked in Lemon Law for California on
Q: I’m reaching out to you guys trying to seek advice For buying a faulty car from a private party

For buying a faulty car from a private partyHe advertised it as it had no problems never told me that he had a problem he actually told me that it was a really good working car and he had no issues with it I drove off and the check engine light came on and it’s an expensive fix

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 4, 2021

Sorry for your issues.

Lemon law is warranty law.

This seller likely did not give you a warranty, so, no lemon law claim. Sounds like you were lied to and you think you can prove this. That would be fraud. For a fraud claim, your reliance on his lies must be...
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1 Answer | Asked in Lemon Law for California on
Q: I have a paid off ATV vehicle I sent it to a shop to get cosmetic upgrades. While at the shop it got flipped.

My off road vehicle was allegedly used off the business property to get pictures taken. The vehicle was taken out of the property without permission and an employee of the business rolled it and flipped it. The vehicle was initially taken with no prior damages.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 5, 2021

Sounds like you have a question. I'll guess it is, what can you do here?

You can make a demand of the dealer to put you back where you would

have been had this not happened. Dealer will likely reject. You will then

likely have to sue dealer in small claims court. Good luck with it!

1 Answer | Asked in Lemon Law for California on
Q: I filed lemon law in Calif. Lemon Law Group Partners and received a message from Chrysler agreeing to buy the vehicl

back. I have not heard from them about the buy back but they want file suit for Chrysler contacting me in violation of cease and desist order and told me not to respond to Chrysler. Are they dragging it out to bill more fees and should go ahead and contact Chrysler myself?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jul 30, 2021

So, who knows what they are thinking other than them?

It is not clear to me that THEY contact FCA for you or if you

contacted FCA on your own first and then FCA is responding

to your contact or to their's? That could make a difference.

As a lemon law attorney...
Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Is there anything I can do about a car I purchased st a used dealership. It broke down 2 days after axle broke then brak

The car broke down a total of 4 times within 30 days I’ve had to come up with over 3000 the car was purchased cash this last time it was in the shop for something to do w transmission Nd it’s still not running right 6170 cash price no financing

Yelena Gurevich
Yelena Gurevich
answered on Apr 26, 2021

if you purchased the vehicle with a warranty the dealership should be given the opportunity to fix the issues. If you purchased it as is but it was sold with issues that needed to be disclosed, you can sue them in small claims. Small claims is appropriate for anything under $10,000. Lawyers are... Read more »

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