IS YOU CAR A LEMON AMONG LEMONS?

January 28th, 2010

Did you ever wonder whether other people who own the same year, make, model car as you are having the same problem(s) you are encountering? If you did, there are ways to find out.

One of the possible tell-tale signs that your car may be a lemon, is if the manufacturer has issued a Technical Service Bulletin (”TSB”) concerning the problem you are having with your car. A TSB is an advisory or procedure recommended by the manufacturers to its repair facilities which addresses remedy to a known problem (it does not have to be safety realted).

Keep in mind the “fix” set out in the TSB may (or may not fix) you car, but it is evidence showing that your car may have a defect. (This is especially true if you take your car or truck in for repair and the service people say they cannot find [or cannot duplicate] the problem you are having.)

If the problem is serious enough to be a safety concern, a “Recall” may be issued. A Recall is issued by the National Highway Traffic Safety Administration (”NHTSA”). The easiest way to think about a Recall is that it is usually related to a design or parts flaws which could impact the safety of the vehicle. (For example, braking problems, steering problems, stalling, fire hazard etc.) These flaws may be discovered by drivers or manufacturer itself. (As new cars get designed and built in shorter and shorter periods and there is less and less time for testing. They essentially get tested on the street. Problems may not show up for months or even a year or more after they are put out for sale.) NHTSA will investigate the problem and if warranted will issue a Recall which requires the manufacturer to notify purchases of the vehicles affect by the Recall of the problem and what to do to get it repaired.

You can find out about TSBs and Recalls by going to the Website of NHTSA

You can also find out if others owners have lodged any complaints even though no TSBs or Recalls were issued by going to the NTSHA website.

The are also many websites on the Internet devoted to discussions of specific vehicle where you can leave messages and get responses from other people who own or know about your vehicle. You can go to a search engine and type in keyword related to your car or truck and it’s problems and you may find one that is helpful.

BUT KEEP IN MIND THAT JUST BECAUSE THERE ARE NO TSBS, RECALLS OR COMPLAINTS, CONCERNING THE PROBLEMS YOU ARE EXPERIENCING DOESN’T MEAN THAT YOUR CAR IS NOT A LEMON. MANY TIME PROBLEMS ARE JUST WITH SPECIFIC INDIVIDUAL VEHICLES.

Law & Kolakowski http://www.california-lemonlawyer.com/ Your California Lemon Law Attorneys.

10 Things to Consider When Purchasing a Used Car

December 18th, 2009

Buying a used car does not necessarily have to be a blind date from hell. Although it’s always difficult to really know what’s under the hood, unless you are buying the car from a trustworthy friend or family member, there are things to watch out for that may give off the smell of a lemon. Here are 10 things to consider when purchasing a used car.

1.    Check the Chassis

Have the vehicle lifted by a mechanic you trust who can inspect the chassis for oil leaks and cracks. If possible, have the chassis washed so you can better inspect it for leaks as some damage may hide underneath all that dirt. As cars start to go, the chassis usually goes first. If the chassis is in good shape, chances are you’ll get some
decent life out of the car.

2.    Tap the Car Body

If it sounds like the car is padded, chances are the vehicle has been repainted due to an accident. This can lead to structural weakness in the car that may soon haunt you.

3.    Test Drive the Car

This one’s a no-brainer, but you’d be surprised by how many people will just go by looks alone. Notice the ride and the feel. Does it pull to one side? Does it vibrate upon braking? Does the engine run rough? Does the transmission slip on acceleration? Listen to the engine for any give away sounds. If it’s a manual, check the clutch for any slippage.

4.    Check the Interior

Check the car seats, interior carpeting, dashboard and other inside features to see if they’ll need repairs. If it’s something you can live with like a coffee stain, no problem. If there’s a serious mold issue, however, your car may give you health concerns.

5.    Have the Mechanic Check the Engine

If you can do this it will be very helpful. Although some problems can be given away just by a test drive, others are more mysterious and may take the tinkering of a mechanic to notice. Your engine is the heart and soul of the vehicle. Make sure it’s a good one.

6.    Note the Rust

Some rust is just a fact of life, especially if the car was driven in areas with heavy winter conditions where a lot of salt is used on the roads. However, serious rust problems may cause the car to disintegrate underneath you. Check for rust underneath the door hinges and around the frame of the car. If the frame rusts to death, you’ll be out of a car. If you can have a body shop inspect it, so much the better.

7.    Check the Heater and Air Conditioning

If you are buying the car in the summer, drive it during the afternoon when the sun is at its hottest. If the air conditioner is broken, it’s your prerogative if you want it fixed, depending on your comfort level and the climate that you live. Heat, however, is central, as you don’t want to be driving a virtual icebox in the middle of winter.

8.    Check the History of the Car

You’ll need the VIN (Vehicle Identification number). There are some on-line services that you can use for this. Such a report may give you some indication regarding the vehicle’s history including possible accidents, use as prior rental car, etc. but be aware, if a car were in an accident and it not reported to an insurance company it will most likely not show up on any report you get. (Accident cars can get fixed up quickly and cheaply and dumped back on the market. So a “clean” report is no guarantee that there are no problems with the car.)

9.    Make Sure the Seller’s Name is On the Title

The last thing you want to end up with is a vehicle that has been stolen, as you may be held liable and the seller may be off the hook. Ask to see the title and make sure it’s legitimate.

10.    Research the Type of Car You are Buying

Some models are just bad models that will cause you hassles, whether you buy them new or used. Read online reviews and talk with friends and family members about their experiences with similar cars. You don’t want to end up with a model that has a history of blowing its engine every 50,000 miles. Do your research before you buy.

Avoiding Lemon Vehicles

December 10th, 2009

California’s Song-Beverly Consumer Warranty Act aka “The Lemon Law”, provides purchasers of vehicles covered by a warranty with strong protection should your new vehicle turn out to be a lemon.  But what can you do to avoid purchasing a lemon?  There are several important things to consider.

First, check Consumer Reports’ April Car Buying Issue and check on the reliability of the make and model vehicle you are considering purchasing.  Consumer Reports contains detailed information regarding a vehicle’s features, safety and reliability, as well as cost.  You can also compare competing models.

If the vehicle has been out for awhile, you can also check the Department of Transportation’s NHTSA website.  It will have complaints by consumers and recalls listed so that you can tell if a particular model is already plagued with problems and how serious any reported problems are.

If you are buying a used car, you can always have the vehicle checked out by an independent mechanic.  An experienced mechanic can spot red flags on a used vehicle quickly and at very little cost to you.  CARFAX reports can also identify major problems in some cases.

After you purchase your vehicle, be diligent in servicing it and reporting to an authorized dealership any problems you have.  California Lemon law rights are based upon a sufficient number of reported complaints to authorized repair facilities.  Also, keep good records:  A dealership is required to provide you with invoices for warranty work performed on a vehicle.

If a dealership fails to resolve a problem or problems keep occurring, contact the manufacturer and inform them of the issues.   This kind of communication can sometimes resolve the problem by getting a manufacturer’s technical specialist involved with the vehicle prior to numerous unsuccessful repair attempts by the dealership.

If problems persist and you believe legal action is necessary contact an experienced attorney.  Many lawyers take these type of cases on a contingency at little or no cost to you.  A person’s car is typically second in expense only to one’s home and deserves protection.