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California Lemon Law Questions & Answers
1 Answer | Asked in Identity Theft and Lemon Law for California on
Q: Can a car dealer in California sell my car without my signature?

My daughter when to a car dealer to buy a new car and she gave the dealer my car that we own together as "AND" on the Title. Can the dealer legally take the car without my signature? Can I legally go to the dealer and ask for my car? I reside in California.

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 16, 2020

Legally? Probably not. But, that rarely stops a car dealer! Try the dmv investigations unit, as they police dealers...

1 Answer | Asked in Lemon Law for California on
Q: Can I file a lemon law suit for a car that I inherited?

Car only has 38k miles on it, however it is passed the general warranty time frame. Toyota issued an "enhanced warranty" for the torque converter and it is till within the enhanced timeframe. Had torque converter replaced and still has issues, dealer says whole transmission needs... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 5, 2020

Like most things legal the answer is "maybe."

Have your proofs reviewed by a lemon law attorney for more direction.

Most will review at no or at a low fee. Sorry for the loss of your mother.

1 Answer | Asked in Lemon Law for California on
Q: Can i file a lemon law suit for a car that was left to me when my mother passed away?

the car only has 38k miles on it and dealer says it needs a new transmission. The general warranty is over, however they enhanced the warranty on the torque converter for another 5 years and I am still within that time.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 30, 2020

Maybe? The purpose of the warranty is to make sure they fix. If they do, the lemon may not be super helpful?

3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Lemon Law for California on
Q: Sold my car to carmax. They sold it. The new owner did a hit and run and it came back to me.

I traded in a fully paid off car went to carmax to trade it for a cheaper vehicle on insurance. I found a cheaper car and even recieve a check back because I still had positive equity balance. Few months, I thought my car was stolen as It was repossessed! I paid the 1300 to get it out. While trying... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 19, 2020

Sorry for your issues. You will want to get in touch with a consumer protection attorney immediately for a full evaluation of your circumstances and options going forward.

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2 Answers | Asked in Contracts, Lemon Law and Small Claims for California on
Q: breeder rights in CA? buyer refuses to pay for Puppy. what rights do i have in CA as a breeder to get payment?

Buyer came and purchased a puppy from me with a check. after a Day he informed me that the puppy was ill with kennel cough and stopped payment on the check. the buyer has not provided any information from a vet showing that the puppy is ill and refuses to bring the puppy back for a refund or to... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Feb 4, 2020

On the assumption that the puppy is valued at less than $10,000 … first, schedule an initial free consultation with an attorney by video call or telephone call … then, you will want to file a small claims court action as soon as possible.

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1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: Can I hold a transmission shop accountable for poor job?

Recently bought a car for 3500. The previous owner had the transmission rebuilt (this was disclosed to me) for 3500 and the warranty for it was 30 days which the shop told me would transfer after sale. I purchased the car and before I even got home the same problem happened. The shop worked on it... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 12, 2019

IF they tried and failed to fix under warranty, you have a warranty law claim. Warranty law is lemon law. So, you have a lemon law claim. Contact a lemon law attorney for more insight.

2 Answers | Asked in Lemon Law for California on
Q: How does the current GM strike impact the law as far as amount of Tim my vehicle is in the shop?
Barak J Berlin
Barak J Berlin
answered on Oct 22, 2019

It doesn't. GM is still required to fix your vehicle under warranty with a reasonable number of repair attempts (typically four times, but it is not set by law) or a reasonable amount of time (30 days, but again, there is no absolute, it can be more or less).

Feel free to email...
Read more »

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1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a car from Kia in 2017 and I'm having engine problems they have had my car for a month now what can I do
Barak J Berlin
Barak J Berlin
answered on Oct 21, 2019

You may have a case against Kia under the Song-Beverly Consumer Warranty Act, commonly known as the California Lemon Law. If you do have a lemon, you are entitled to receive all sums you have paid or owe on your car, minus a mileage offset.

Feel free to call or email...
Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for California on
Q: Who is responsible for late/penalty fees from dmv at the time of sale? Or after the sale?

At the dmv i found out there was a $900 balance owed for penalty fees due to not being registered for 2 years. The seller says it's my truck now and i bought it "as is"

Do i have to pay the $900 to get the truck in my name? Oh and there is an illegal 2019 sticker on the plate...

William John Light
William John Light
answered on Aug 18, 2019

"Penalties may be waived upon payment of the registration fees due when a transferee (including a dealer) applies for transfer and it is determined that the registration penalties accrued prior to the transferee’s date of purchase and the transferee was not aware that the registration fees... Read more »

1 Answer | Asked in Lemon Law for California on
Q: Do I have to pay the loan balance of a car that was said to be a lemon , given to my ex in divorce and she repoed?
Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 14, 2019

You will need to read your settlement agreement and/or ask your attorney.

It will almost certainly spell out your rights.

2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: How do I get Apple to honor their warranty on a $4K 2018 MacBook Pro with extreme heating and component failure issues?

I've had the unit for five months. Reported the problem the first week. I was cut by screen shards from an exploding screen. Apple said they will repair the defective components but not the screen, citing "Accidental Damage" which it's not. The screen failure in the lower... Read more »

William John Light
William John Light
answered on Jul 28, 2019

Sounds like Small Claims for breach of contract and breach warranty of fitness and breach of warranty of merchantability.

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1 Answer | Asked in Lemon Law for California on
Q: What are options in California when purchased a vehicle at a dealership and was not informed the car had salvaged title

What options do I have in California when I purchased a vehicle at a dealership and I was not informed the car had salvaged title? It was not disclosed to me prior to the sale, nor was it displayed on the vehicle anywhere? I had no idea until I tried to get insurance on it.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 13, 2019

You're going to have to act from this moment forward, as if you are in a lawsuit. You will need to marshal all of your evidence. You will need to only communicate in WRITING going forward. You will need to figure out how to PROVE you were not told as they will say you were. Here is a solid... Read more »

2 Answers | Asked in Car Accidents, Consumer Law, Contracts and Lemon Law for California on
Q: Is it possible to return a used car and get refunded for intermittent everyday starting the engine problems?

I bought a used car from VW Ventura

And the car is broken from day 1

I'm have intermittent problems when i try to start the engine won't work

I returned the car to the dealer the next day and they refused to take in for the car not showing an engine check sign... Read more »

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez
answered on May 27, 2019

The used car dealers have to obey the law. Hire the “Lemon Lawyer” And let him handle your case. Best of luck.

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1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a vehicle from a used car dealer and was reposed illegally and was not given the opp. to reinstate

they gave me one explanation in writing and another verbally and they charged me a fee to give me back my property and kept given me the run around wat can I do?

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 22, 2019

You have rights. I'd STRONGLY recommend you get in touch with the DMV Investigations unit to see what they have to say. My guess is that they can help, fast.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Can I sue this auto auction.

I purchased this car for $1500. The registration was pass due and it was almost $400. The engine light came on the time I went to drive it from my home. Ford says I need a whole engine. A important sensor is missing. That is not a overnight problem. I feel as though they sold me lemon.

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 13, 2019

Sounds like you are correct. Here is a YouTube channel with some thoughts for you:

https://www.youtube.com/channel/UCtIgcjv_Xem4MuFQsWJa4LA

Good luck with it.

3 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Small Claims for California on
Q: What options would I have if a defective TV stand broke my TV and other expensive electronics?

What options would I have if I purchased a TV stand (online, but live in California [if it makes a difference]), assembled it exactly according to the manual, and without any external force/stimulus (earthquake, draft, etc.), the TV stand broke (wooden legs collapsed/broke, or glass tabletop... Read more »

William John Light
William John Light
answered on Mar 25, 2019

To be honest, it seems pretty unlikely that every single piece of electronics was damaged so severely that they are all inoperable. Moreover, your stated value of the router is about $40 too high. Similar exaggerations for the value of the other equipment will be devastating to your credibility.... Read more »

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2 Answers | Asked in Lemon Law for California on
Q: California resident with a new vehicle that has been to the shop 6 times for electrical issues. Is it covered lemon law?

The vehicle has been to the dealer 6 times for various electrical issues including front passenger seat after the 6 time still is not fixed. Should I get an attorney or deal with the manufacturer directly? Im afraid I could lose and be responsible for the attorneys fees even though an attorney... Read more »

Barak J Berlin
Barak J Berlin
answered on Feb 14, 2019

It never hurts to talk to an attorney in these cases. Most (including our office) offer free consultations. If you do decide to deal directly with the manufacturer, remember, you are entitled to everything you have paid or is payable on the vehicle. If they offer anything less, talk to an... Read more »

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1 Answer | Asked in Lemon Law for California on
Q: What is the formula use for milage usage

Are late fee from the leander not included in buy backs

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 12, 2019

That is not part of the "amounts paid or payable" for the car, but, it is a penalty that the manufacturer feels it is not on the hook for since it was not late, you were. The issue has never been litigated to a published judicial opinion in CA so it is unclear if manufacturers are correct.

1 Answer | Asked in Lemon Law for California on
Q: How is milage usages computation. Is it amount of car * (miles on car at first repair - miles on car when I bought it /

Are late fee not counted on buy backs

Barak J Berlin
Barak J Berlin
answered on Feb 12, 2019

You are close. It is the amount of miles you have driven before you bring in your car for the first repair, divided by 120,000 (the statutory life of a car). As the manufacturer has to pay attorney fees and costs if they lose, I highly recommend you hire an attorney. Feel free to check out our... Read more »

2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: What is a reasonable percentage to give the lawyer?

We have a lawyer that will take on our lemon law case for our car. The contract states a percentage they will take in the event of a civil case and civil penalties, and states this percentage is negotiable. What is a reasonable percentage to give the lawyer?

William John Light
William John Light
answered on Feb 2, 2019

1/3 to 2/5 is normal, although that can change depending on the case and whether attorney fees are recoverable. If you interview other lemon law attorneys, you will find out what is common for that area of law.

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