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Archive for the ‘San Diego Lemon Law’ Category

Jury Finds Mercedes Argument All Wet

Monday, October 17th, 2011

A Los Angeles Superior Court jury issued a $128,000 verdict against Mercedes-Benz on September 26, 2011, for violating California lemon law when it refused to repurchase a Mercedes SL 550R with a trunk leak defect. According to a press release, Albert Ataian brought the car into Mercedes dealerships on four occasions and scheduled a direct meeting with Mercedes’ factory representatives to discuss the problem, even providing Mercedes and its dealerships with photographs and videos of the trunk leak in an effort to help them diagnose the problem. However, Mercedes repeatedly failed to fix the problem, with the leak becoming so bad that water damaged electrical components in the trunk to the point that they were inoperable.

The jury’s verdict included a $10,000 civil penalty against Mercedes for willfully violating the California lemon law, and the release noted that the court will later determine Ataian’s attorney’s fees and costs before being added to the judgment.

Ataian had given Mercedes a reasonable chance to fix the defect, but the violation of California lemon law was when the dealership failed to fix the vehicle and refused to repurchase it. Have you had a similar experience with your last car purchase? If you believe you have been a victim of auto dealership fraud, contact our California lemon law lawyers today to get a free evaluation of your case.

Rosner, Barry & Babbitt, LLP — California lemon law attorneys

It’s The Financing, Stupid

Thursday, September 22nd, 2011

However good consumers are at negotiating prices, financing continues to get overlooked, the Associated Press reported on September 14, 2011. While the Federal Trade Commission is still gathering information, the agency said dealer financing can be a “complicated, opaque process and potentially involve unfair or deceptive practices.”

The newly created Consumer Financial Protection Bureau does not oversee loans provided by auto dealers, instead charged with policing the terms and disclosures associated with financial products like credit cards and mortgages. Still, many consumers fail to realize that unlike title and registration fees, the financing at a dealership is just as negotiable as the vehicle’s price. While the AP reported that about 80 percent of borrowers get their loans from dealerships, consumers should fully investigate their alternative options before signing any deal.

Dealers routinely use tricky finance arrangements to get you to spend more than you have to when buying a car. You need to get a copy of your credit report beforehand in order to know what is good and what is bad. If there is information on the credit report that is not yours or inaccurate, you should contact a California lemon lawyer to get it removed.

The financing involved in a car contract remains a common area of car dealer fraud, but if unclear terms or hidden charges have caused you to fall behind on payments, you should speak to one our California lemon law attorneys and see how you could cancel a car contract. If you believe you purchased a lemon and want to get out of a car contract, contact our office today for a free initial consultation.

Rosner, Barry & Babbitt, LLP –California lemon law lawyers

Beware Flood Of Hurricane-Damaged Vehicles

Wednesday, September 21st, 2011

While Hurricane Irene ravaged the East Coast, the flood-damaged vehicles left in its wake could begin popping up around the country. The Star-Ledger reported on September 13, 2011, that “this year’s supply of lemons is expected to be particularly bountiful.”

Philip Reed, senior consumer advice editor for automotive research site Edmunds.com, told the Star-Ledger that “once a damaged car goes to the salvage yard, an unscrupulous dealer might refurbish and resell it, often to an unsuspecting buyer in another state.” Moving the car to a different state and having it change hands multiple times allows a dealer to erase any record of damage, a practice otherwise called “title washing.” The Star-Ledger noted that private sellers might also try selling their vehicle, without disclosing the damage to the buyer.

Edmunds.com has cautioned buyers in all states to be on the lookout for signs of water damage in vehicles. Furthermore, the Star-Ledger also reported that with such a densely-populated region affected by the flooding, Carfax estimates the number of damaged cars that make it back into the marketplace could reach the tens of thousands.

One would hope that California’s lemon laws are strong enough to prevent any flood-damaged vehicles from being sold without full disclosure. If you suspect there was car dealer fraud involved in your last automobile purchase, our firm can help you get out of a car contract and take the dealer to task. Whether your concerns have more to do with the contract or the actual vehicle, contact one of our California lemon law attorneys today to get the dealership or manufacturer pay you the money you are rightfully owed.

Rosner, Barry & Babbitt, LLP –California lemon law lawyers

New Bill Could Raise Auto Document Fees, Protect Consumers

Friday, September 16th, 2011

Auto dealers will be able to charge consumers at least $25 more for documentation fees if Gov. Jerry Brown signs a state bill already passed in both houses of the California Legislature, the Los Angeles Times reported on September 2, 2011. However, AB 1215 would also require car dealers to “run the vehicle identification number of any used auto for sale on their lots through the National Motor Vehicle Title Information System to check whether the auto has a so-called branded title.” Any vehicle identified as “salvage,” “junk,” “flood,” or a “buyback” under California lemon law, the dealership would have to affix a red window sticker warning potential buyers of the auto’s history.

Capitol Weekly noted that had the bill’s electronic registration requirement been in effect last year, it could have saved California nearly $10 million by cutting DMV car registrations in half. While AB 1215 would, for the first time in five years, “raise the statutory cap on what dealers can charge consumers for processing their vehicle transactions, completing title and registration work and complying with the new requirements of the bill,” Capitol Weekly also noted that the state would still have the second-lowest cap in the nation.

AB 1215 has the support of law enforcement agencies, consumer advocate groups and the California New Car Dealers Association. Despite the additional documentation fees, the bill would hopefully help reduce or eliminate numerous forms of auto dealership fraud involving used vehicle disclosure and “certified” vehicles.

If you believe that you already entered into a bad car contract and need a knowledgeable California lemon lawyer to help perform a car audit, contact our office today for a free consultation.

Rosner, Barry & Babbitt, LLP — California lemon law attorneys