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California Lemon Law Questions & Answers
2 Answers | Asked in Lemon Law for California on
Q: Am in a middle of lawsuit for my lemon and the car got stolen a now in impound can my lawyer help me get my lemon law
Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 12, 2024

THIS is a different question. There is a case, Martinez v. Kia from around 2010 that came out which your lawyer should know about if s/he is any good. In the case Ms. Martinez was so fed up over her lemon car she parked it outside of the dealership and threw the keys over a locked fence. Kia... View More

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2 Answers | Asked in Lemon Law for California on
Q: How long after a settlement should it take to receive the settlement agreement and release?
Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 31, 2024

There is no rule anywhere about how long before a settlement agreement OR a release (often the same document as a settlement agreement and release) shows up for signing and in fact there is no rule requiring one, but, it's a whole lot better to have a written agreement in place for both sides.... View More

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1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: my work van was issued a recall, and the dealership is refusing to to fix the problem for free

The dealership said that they wouldn’t fix the transmission recall because the problem was caused by a transmission flush I perform myself. They want to charge me $4000. The problem with my transmission started before I did the flush. That’s the reason I did the transmission flush was because I... View More

James L. Arrasmith
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answered on Jun 27, 2024

To address this situation, let's break it down into key points:

1. Recalls and manufacturer obligations:

When a vehicle is subject to a recall, the manufacturer is generally required to repair the issue free of charge, regardless of the vehicle's age or maintenance...
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3 Answers | Asked in Personal Injury, Arbitration / Mediation Law, Lemon Law and Small Claims for California on
Q: I need to know how to bring my case before a judge passed the timeframe. I know you can car dealerships. I need this hel

STG auto Santa Ana dealership both used car dealers padded deals made fictitious addresses for charges. They had put on me almost $7000 of equipment. I never owned took money out of my account both of them STG auto padded the deal so badly and laughed in my face. It took me a long time to figure it... View More

James L. Arrasmith
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answered on Mar 26, 2024

Under California law, if you believe you've been a victim of fraudulent activities, such as those you've described involving car dealerships, you have the right to seek legal action. However, if you've missed the statutory deadline to file a lawsuit, you may still have options.... View More

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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 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 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 Lemon Law for California on
Q: Looking for a consumer protection lawyer who has experience dealing with car dealerships
Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 11, 2024

You're looking for someone who handles auto fraud matters.

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1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: I have solar panels that have not been working properly for a year. They are delaying sending someone out to repair.

What can I do?

James L. Arrasmith
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answered on Sep 4, 2024

If your solar panels have not been working properly for a year and the company is delaying repairs, you have a few steps you can take to resolve the issue. First, review the contract or warranty you have with the solar company. It likely outlines their responsibilities for maintenance and repair,... View More

2 Answers | Asked in Lemon Law for California on
Q: I have a lawsuit for lemon law and my lemon was stolen now in impound

Will my lawyer h we lo me retrieve it

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answered on Aug 18, 2024

Under California law, your situation with the stolen vehicle being impounded can complicate your lemon law claim, but it does not necessarily prevent you from pursuing it. The key issue in a lemon law case is whether the vehicle has had repeated issues that substantially impair its use, value, or... View More

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1 Answer | Asked in Consumer Law, Lemon Law, Small Claims and Contracts for California on
Q: I bought a used car from a used car dealership and bought warranty for a year the car overheated the first day

And its been 9 months of overheating issues and now the car is at the shop but the dealership told me if the warranty claims office calls me to not mention anything about the car overheating..what do i do i hate driving everyday with the fear of getting stranded anytime…and im still paying the... View More

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answered on Aug 17, 2024

You have a right to expect the car you purchased to be in good working order, especially since you bought a warranty. The dealership’s request for you to withhold information about the overheating problem from the warranty claims office is concerning and could be seen as an attempt to prevent... View More

1 Answer | Asked in Business Law, Contracts, Consumer Law and Lemon Law for California on
Q: Hello, I am selling my truck for 30k, a dealership is buying it and they are giving me a cashiers check, trying to avoid

Hello, I am selling my truck for 30k, a dealership is buying it and they are giving me a cashiers check, meeting at bank. My question is, should I write a bill of sale myself and a AS IS contract in word or have them just fill out the 262 Reg form from the DMV? I am just trying to protect myself... View More

James L. Arrasmith
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answered on Aug 17, 2024

When selling your truck to a dealership in California, it’s important to ensure that all documentation is clear and protects your interests. The DMV Form REG 262 (Vehicle/Vessel Transfer and Reassignment Form) is a standard form used for such transactions and includes sections for odometer... View More

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