Law Office of Laura S Weltman

08/29/2024

Is your car taking you down the wrong path to the service department one too many times?

Laura the Lemon Lawyer can help you, call me to discuss. ZERO cost to you to talk to me or to get compensated under the CA Lemon Law - the manufacturer pays all fees and costs.

California’s Lemon Law is one of the strongest in the country, which is the best for you, the consumer. Lemon Law here gives you a remedy if your car:

Is used for personal reasons at least some of the time;
Has significant defects that affect its safety, value, or your ability to drive it
Is under warranty;
Has been in the shop for repairs; and
Has not been able to be repaired by the manufacturer after a “reasonable” number of attempts.
Call me, let me decide if you have a case.
Laura The Lemon Lawyer

06/23/2024

Is your Electric Vehicle a Lemon?

Significant Defects: To qualify as a lemon, an electric vehicle must have one or more significant defects or issues that substantially impair its use, value, or safety. These defects must occur within the specified warranty period, typically during the first 18 months or 18,000 miles of ownership, whichever comes first
Repair Attempts: Reasonable number of attempts to repair the defects. If the defects persist after a reasonable number of repair attempts, the vehicle may be deemed a lemon.
Days Out of Service: Typically, 30 days or more within the first 18 months or 18,000 miles of ownership.

Battery Performance: Significant degradation in battery capacity or range that affects the vehicle's usability or driving range.

Charging System Reliability: Issues with the vehicle's charging system, such as frequent charging failures or inability to charge properly, which impede the vehicle's ability to operate.

Motor or Powertrain Malfunctions: Defects in the electric motor or powertrain components that affect the vehicle's acceleration, handling, or overall performance.

Safety Systems: Malfunctions in safety-critical systems such as braking, stability control, or airbags.

Call Laura the Lemon Lawyer:805-279-5357

California’s Lemon Law states that consumers who meet certain conditions are entitled to either a refund for their vehicle or a replacement vehicle.

04/05/2024

The lemon law does not apply to:
VEHICLES WITH EXPIRED WARRANTIES
Unless the defect was discovered prior to expiration. The lemon law is designed to give vehicle owners the ability to enforce the terms of their factory warranty. Extended warranties, such as Certified Pre-Owned Warranties count as well, however service contracts sold by the dealership do not count.
DEALER FRAUD
Yes, the law provides a remedy. Consumers who are misled into purchasing a vehicle may have a tort claim against the dealership. The lemon law is only concerned with a dealer’s failure to perform repair work as required by the warranty.
OUT-OF-STATE SALES
The lemon law only covers vehicles purchased or leased in California. This exclusion does not apply to active military personnel who purchased their vehicle in another state before being stationed here.
MODIFIED OR MISUSED VEHICLES
Dealer-installed options are a great way to personalize a new vehicle. But if problems arise, the components will not be covered by the lemon law. Similarly, the law does not apply to aftermarket modifications.
COMMERCIAL VEHICLE FLEETS
Small business owners have the same rights as other consumers under California’s lemon law. Driving a vehicle for business purposes, in and of itself, will not invalidate a lemon law claim. But vehicles that weigh more than 10,000 pounds or more than five vehicles registered are not covered.

02/27/2024

GM 8-Speed Transmission Lawsuit - Class Actions do not benefit the consumer
A class-action lawsuit filed against General Motors in January 2022 alleges that the American automaker knowingly sold Cadillac, Chevrolet, and GMC models with defective transmissions.
The plaintiffs in the suit say that GM’s 8-speed transmission results in expensive repairs and ongoing safety hazards once it fails. GM has allegedly issued over 60 technical service bulletins and updates related to 8-speed transmission problems. The manufacturer, however, has yet to announce an official recall. Like other auto manufacturers, GM does not seem to mind placing the burden of repair costs onto its consumers. GM consumers experiencing lemon issues are allegedly paying for them out of pocket while the Detroit automaker offers no official recall, fix, or reimbursement for 8-speed transmission-related concerns.
If your car has been out of service for repairs for several cumulative days and the problem still has not been fixed, it may be lemon, regardless of the nature of the car’s issues. Lemon problems can range from engine shutdown to rear camera failure.
Let me evaluate your GM vehicle to see if it qualifies under lemon law.
Laura the Lemon Lawyer
[email protected]

01/16/2024

Is your car a lemon?

The California Lemon Law provides legal protection for consumers who purchase or lease new or CPO Vehicles with substantial defects that the manufacturer or authorized dealer has been unable to repair within a reasonable number of attempts.

Also known as the Song Beverly Consumer Warranty Act, the California Lemon Law provides protection against a variety of defects for both new and CPO Vehicles that are still under warranty. This includes cars, trucks, motorcycles, recreational vehicles, among others. Some of the most common types of defects include:
Engine and transmission problems
Electrical system issues
Suspension and steering issues
Brake problems
Air conditioning and heating system defects
Fuel system problems
Water leaks
Defective paint of bodywork
Inoperative or malfunctioning safety equipment, such as airbags or seat belts
Persistent issues with the vehicle’s audio or navigation systems

It is important to note that in order for a defect to qualify for Lemon Law protection in California, it must substantially impair the use, value or safety of the new or CPO Vehicle, and the manufacturer or authorized dealer must have been given a reasonable opportunity to repair the defect. Additionally, the defect must have occurred within a certain time frame or mileage limit after the purchase or lease of the vehicle.

Contact Laura the Lemon Lawyer, never a cost to you: [email protected]

California’s Lemon Law states that consumers who meet certain conditions are entitled to either a refund for their vehicle or a replacement vehicle.

07/18/2023

WHAT YOU NEED TO KNOW ABOUT CALIFORNIA'S LEMON LAW for USED CARS
To qualify for California Lemon Law protection, the used car must be covered by a warranty at the time of purchase or lease. If a defect is discovered during the warranty period, the consumer should notify the manufacturer or dealer immediately. They are then given a reasonable number of attempts to repair the defect. California law considers four repair attempts or thirty days out of service reasonable.
The car must be certified by the vehicle manufacturer or its authorized dealer
The vehicle’s certification comes with an extended warranty from the manufacturer or dealer that goes beyond the original manufacturer’s warranty.
Not older than the model year that is 7 years before the current year
Warranty Specifications
Warranty coverage plays a critical role in determining lemon law eligibility in California. Key aspects to consider include:
The car must be covered by either the original manufacturer’s warranty, a manufacturer’s extended warranty, or a CPO warranty
The car must have been brought in for repairs during the warranty period for the same defect
Three or more unsuccessful attempts to fix the defect or the vehicle has been out of service for more than 30 cumulative days due to the defect.
Please contact Laura the Lemon Lawyer! I will walk you through your process. [email protected]

California’s Lemon Law states that consumers who meet certain conditions are entitled to either a refund for their vehicle or a replacement vehicle.

03/30/2023

If you are thinking about starting a lemon law case, you really SHOULD NOT do any of the following:
1. Tell your service advisor that the car is a lemon and you are calling an attorney. If you tell this to a dealership employee while your car is in the shop being repaired, your repair invoice may say something like “could not duplicate the problem, no repairs made.” This is the last thing you want to have happen if you think your vehicle is a lemon.
2. Post anything on a social media website or an auto forum chat room. It is fine for you to browse these sites and look at what other people are posting, but if you post anything on a site like bimmerworld, bimmerfest, caddychat, jettajunkie, benzworld, nissanclub, gmtruckclub, or even on your own page or Twitter account, and then you begin a lemon law claim against an automobile manufacturer, the attorney for the automobile manufacturer will likely find what you have posted and try to use it against you in a deposition, mediation, or even at trial.
3. Lose your repair invoices. The most important documents needed in order to make a lemon law case are the actual repair invoices the dealership gives you when you pick up your vehicle after it has been repaired. Keep them together with the purchase contract in a safe place in your home, not in your glove compartment. Documents disappear from glove compartments too often.
If you think your vehicle is a lemon, please give me a call! Laura the Lemon Lawyer Law Office of Laura S Weltman

California’s Lemon Law states that consumers who meet certain conditions are entitled to either a refund for their vehicle or a replacement vehicle.

01/14/2023

HOW TO PRESERVE A LEMON LAW CASE:
How to Preserve your Right to Pursue a Lemon Lawsuit - Some Tips:
1. Keep your repair orders - make sure all of your complaints are written down on the repair order!
2. Check for technical service bulletins - the dealership will not always inform you!
3. Let them know that they did not fix the issue - bring it in again!
4. Only go to authorized dealerships!
5. Maintain the car - get your oil changed!
6. Most importantly, call Laura, your lemon lawyer, from anywhere in California.

California’s Lemon Law states that consumers who meet certain conditions are entitled to either a refund for their vehicle or a replacement vehicle.

08/10/2022

Will the Rodriguez v. FCA US, LLC Case Change Used Car Buying?
A recent court case has changed the protections you are entitled to under California Lemon Law. If you have purchased a used car with a balance on the manufacturers warranty you may not be entitled to a repurchase or replacement vehicle any longer when deemed a lemon.

How Can Used Car Buyers Protect Themselves?
Used car buyers could previously take comfort in left-over or extended manufacturer’s warranties on the cars they were buying. After Rodriguez v. FCA US, LLC, a manufacturer’s warranty matters a lot less.

Some ways to protect yourself include:

Purchasing a Certified Pre-Owned vehicle (CPO);
Buying an extended warranty from the used car dealership;
Purchasing a vehicle service contract (VSC);
Having the car inspected by a qualified mechanic before purchase; and

Remember, this new case does not completely prevent used car buyers from taking advantage of the California lemon law.
Contact Laura your local lemon lawyer, I will walk you through your options.

California’s Lemon Law states that consumers who meet certain conditions are entitled to either a refund for their vehicle or a replacement vehicle.

06/06/2022

Dispelling Myths About Lemons

Myth: I can’t file a claim on a used vehicle.
Fact: Even if you purchased a used vehicle, you may still be able to file a claim or lawsuit if the car had a warranty or if repairs were promised.

Myth: If the warranty on the vehicle expires, lemon law will not protect it.
Fact: A problem may occur during the warranty period that is not repaired before the warranty expires. If this is the case, you may still be able to seek relief under lemon laws

Myth: Before a consumer can take legal action, he or she must have taken the vehicle in for at least four or more repairs.
Fact: The key question in a situation involving a lemon is whether a reasonable number of repairs were attempted. In some cases, the duration of time the car was in for repair is the key factor not the number of times for repair. There are many variables.

Myth: Once my car is fixed, I no longer have a lemon law claim.
Fact: Even if the vehicle is fixed now, you may still be able to take legal action and file a lemon law claim. The problems you have been experiencing may reoccur, or you may face other defects with the vehicle in the future.

Myth: I can't afford to hire a lawyer.
Fact: You will not pay any legal fees – the manufacturer will.
Contact Laura with all lemon law questions: Laura the Lemon Lawyer 805-279-5357

California’s Lemon Law states that consumers who meet certain conditions are entitled to either a refund for their vehicle or a replacement vehicle.