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California Lemon Law Questions & Answers
2 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Lemon Law for California on
Q: if i bought a used commercial truck and i had a contract but it was always in the shop could it be considered a lemon

i bought a used semitruck under a contract and its a 2019 truck, I was always having it in the shop because there were always problems with it. could this truck qualify as a lemon? i was using the truck for work.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 20, 2024

Maybe?

The CA LL covers consumers and small businesses IF the small biz falls into a certain category,

as does the vehicle. Here, it's not clear the vehicle would qualify OR that the number of vehicles would?

The FED lemon law makes NO distinction between consumers and...
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2 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Lemon Law for California on
Q: if i bought a used commercial truck and i had a contract but it was always in the shop could it be considered a lemon

i bought a used semitruck under a contract and its a 2019 truck, I was always having it in the shop because there were always problems with it. could this truck qualify as a lemon? i was using the truck for work.

James L. Arrasmith
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answered on Feb 20, 2024

In California, the lemon law primarily applies to passenger vehicles, but there are provisions that can apply to commercial vehicles, including used commercial trucks, under certain circumstances. For a used commercial truck to be considered a lemon, it must have been purchased with a warranty, and... View More

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2 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Business Law for California on
Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23

We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 16, 2023

You have a problem, you asked about your rights as a consumer.

Then you said the issue was with a commercial (BIZ) product.

IF you find a way to get over that hump, and they exist, then

the question becomes will a lawsuit be worth the time/expense?

Lawyers with my...
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2 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Business Law for California on
Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23

We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now... View More

James L. Arrasmith
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answered on Oct 16, 2023

Under California's Song-Beverly Consumer Warranty Act, commonly referred to as the "Lemon Law," consumers are afforded protections when they purchase goods, including vehicles, that turn out to be "lemons" or are defective. While the act primarily targets new vehicles,... View More

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1 Answer | Asked in Lemon Law and Consumer Law for California on
Q: I bought a vehicle from a local auction and the vehicle is not safe there are many missing bolts missing pieces frame
James L. Arrasmith
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answered on Sep 28, 2023

If you purchased a vehicle from a local auction in California and it has significant safety issues such as missing bolts, missing pieces, or frame damage, you may have legal recourse. You can potentially seek a refund or compensation from the seller under consumer protection laws, including the... View More

2 Answers | Asked in Lemon Law and Contracts for California on
Q: Is it legal to see a car with recalls and not let the buyer know?

I bought the car back in 2017 from a dealership and just recently found out it has 4 recalls on it and I was not told it had recalls on it some that are very scary. If someone can advise me on what to do next. Thank you.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 13, 2023

Of course, as a concerned buyer, buying a vehicle, you will want to look into that history before buying. A new car may NOT be sold with an open recall at all. A used one can. DUTY to disclose? That's another question, but, again, when spending that kind of money on a vehicle, it is wise, as... View More

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2 Answers | Asked in Lemon Law and Contracts for California on
Q: Is it legal to see a car with recalls and not let the buyer know?

I bought the car back in 2017 from a dealership and just recently found out it has 4 recalls on it and I was not told it had recalls on it some that are very scary. If someone can advise me on what to do next. Thank you.

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear about your situation. In California, while there is no specific law requiring a private seller to inform a buyer about the recalls on a vehicle at the time of sale, dealers are generally required to fix outstanding recalls before selling a used car. To address this, you might... View More

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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... View 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... View 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... View 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... View More

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2 Answers | Asked in Arbitration / Mediation Law, Collections, Gaming and Lemon Law for California on
Q: 2004 Weekly Grand non-registered "Entry to the Big Spin", Lottery Ticket Mailed directly to CA Lottery in the usps.

$20,000,000.00found out 2004 has ACTS 19,***, lefislation regarding my focal interests.

Leon Bayer
Leon Bayer
answered on Jul 15, 2023

What is your question?

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1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: Does the lemon law apply to a 2011 vehicle?

I bought a used car at a dealership and in the the next few days I noticed a rod knock in the engine I told the dealership about it and they said to bring it in and they'd look at it. When I got there the mechanic said yeah sounds like a piston flap. The dealer that I bought the car from told... View More

Yelena Gurevich
Yelena Gurevich
answered on Jul 7, 2023

it's not lemon law but it could be auto fraud. call and consult with an auto fraud attorney right away (have all your purchase and mechanical paperwork ready to send to the attorney).

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... View 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.

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... View 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... View 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... View 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... View 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... View 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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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.... View 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... View 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... View 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.

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