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California Lemon Law Questions & Answers

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 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 for... 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 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 left corner is from... Read more »

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 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

The... Read more »

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 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 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 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 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 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 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 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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1 Answer | Asked in Lemon Law for California on

Q: CA lemon law statute of limitation

Based on my read, it appears that if I qualified for lemon law, even if the car is subsequently fixed, I can drive it for a few more years, then ask for replacement or repurchase (subject to use offset). Is that correct? So even if my car has been fixed by the time I seek relief under lemon law,... Read more »

Scott Richard Kaufman answered on Jan 21, 2019

You are probably correct, at least in CA. Looks like you are in NY? That said, the cases that manufacturers defend up to and through trial are the ones where the vehicle is arguably "fixed." So that, such a set of facts could seriously harm your case and frankly, cost you a lot of money if you... Read more »

1 Answer | Asked in Products Liability, Lemon Law and Small Claims for California on

Q: How do I get General Motors to cover repair of the fuel pump on my 2008 Corvette.

There is a special service bulletin (15682) that covers this repair for free if the car is less than 10 years old. I bought the car a year ago, and only learned of this bulletin after my car was no longer covered. GM also has another service bulletin out for other model cars (12191) that covers... Read more »

Scott Richard Kaufman answered on Jan 14, 2019

Ask the dealer about a "secret" warranty. Failing this, ask GM about a "goodwill" fix.

Failing this, take ALL of your evidence to small claims court and sue GM for the cost

of the repair.

1 Answer | Asked in Lemon Law for California on

Q: When does lemon law apply in California? Is a used car covered?

Scott Richard Kaufman answered on Jan 14, 2019

Lemon Law is Warranty Law. So, cars that come with a warranty may be covered IF that warranty is breached. This is not the same as a "service contract" that you buy from a dealer or elsewhere, which folks often call an "extended warranty." Your rights are almost non existant in a service contract... Read more »

1 Answer | Asked in Lemon Law for California on

Q: Purchasing new vehicle from a dealer that I suspect has been damaged and repaired, I asked, are they required to answer?

Tesla Dealership, I have asked if it had been previously owned or repaired, they are not answering, are they required to?

Barak J Berlin answered on Oct 9, 2018

They are absolutely required to answer your question. The Song-Beverly Consumer Warranty Act gives you powerful remedies.

1 Answer | Asked in Consumer Law and Lemon Law for California on

Q: Can a dealer sell me a new fifth wheel without disclosing to me it was a prototype at the factory? I can't resell it now

William John Light answered on Sep 24, 2018

It's unclear why you can't sell it. However, you should consult with WA consumer rights attorneys. You can also file a complaint with the WA DMV. https://www.dol.wa.gov/business/vehiclevesseldealer/dlrcomplaint.html

1 Answer | Asked in Consumer Law and Lemon Law for California on

Q: Sold new vehicle but malfunctioning airbag and was told to keep driving the vehicle.

Bought a Subaru new. I made an inquiry via text the next day that I am concerned about its airbag safety after seeing an airbag warning light and an email from Subaru to get it inspected. I got text back saying it was safe to drive. I kept driving it but after 4 weeks, I decided to take the vehicle... Read more »

William John Light answered on Mar 19, 2018

Take the offer. You have no injuries and no basis to sue.

1 Answer | Asked in Car Accidents, Products Liability and Lemon Law for California on

Q: My car was wrecked by the dealership after 1 week of purchase, is there anything I can do for them to refund me?

Purchased a car (2015, clean carfax) 5 days later it wouldn't start, had it towed back. The next day after I got it back, it was making a noise, took it back. Was told parts were put on wrong. On my way to pick it up, they called and said it was in an accident not to worry about it they will fix... Read more »

William John Light answered on Feb 26, 2018

Contact a lemon law attorney, but I don't believe that being in an accident makes a car a "lemon". That usually refers to a defect that can't be repaired after more than one attempt.

1 Answer | Asked in Civil Rights, Consumer Law, Lemon Law and Small Claims for California on

Q: hello i need a lawyer to sue bmw for violating the automatic stay by disabling my car an repo man break the fuse box

William John Light answered on Dec 25, 2017

Talk to your bankruptcy attorney or the bankruptcy trustee.

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