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Archive for the ‘Product Defect’ Category

10 Important Questions to Ask When Buying a Used Car

Friday, October 28th, 2011

The Gawker Media-owned car weblog Jalopnik asked readers to contribute the 10 most important questions to ask when buying a used car as part of their daily “Answers of the Day” segment. The 10 best questions published on October 19, 2011 were:

10. Is this the original paint? — New paint could indicate car was rusting or involved in a previous accident.

9. Can I check the oil? — An “earmark for trouble with a used car,” Jalopnik says, look for water, fuel, or foam in the oil.

8. Can you put this on the lift? — This will allow you to check for leaks or rust, but furthermore, you know there is something amiss if the dealer will not let you do this.

7. Why are you selling it? — It is “a question that openly invites the seller to lie to you,” Jalopnik says, but it will still put the seller on the spot.

6. Who was the previous owner? — The more you know about the history of the vehicle, the more comfortable you will be. You can also learn a lot from how a dealer reacts if you ask for a phone number of the previous owner.

5. Do you have the title in hand? — An important issue that can cause larger problems later if overlooked.

4. Can I take it for a test drive? — One of the most telling parts of the process, you should most certainly walk away if the seller refuses.

3. Can I see the Carfax? — Or at least see some similar type of vehicle history report, and be sure you have obtained the right VIN number to avoid a mix-and-match.

2. Can I see the maintenance history? — While you should not expect to see an complete service record history, insufficient information from the seller here will probably affect your decision on whether or not to purchase the vehicle.

1. Can I take this to my mechanic? — This is essentially a must. A refusal from the seller should equate to a refusal to give any further thought toward purchasing the vehicle.

Many instances of auto dealership fraud involve sellers taking advantage of consumers who do not perform due diligence beforehand. If you believe that a car dealer violated California lemon law in your last purchase or you need help getting out of a car contract, contact our office today to set up a free consultation with one of our California lemon law lawyers.

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

New Law Puts Warning Stickers on Lemons, But Leaves Some Seeing Red

Tuesday, October 18th, 2011

A bill signed by Gov. Jerry Brown will go into effect on July 1, 2012 and require new and used car dealers to mark lemon law vehicles with a red warning sticker. The bill had the support of consumer advocates, law enforcement officials and both the California New Car Dealers Association and the National Independent Automobile Dealers Association (NIADA), which represents used car dealers.

While there is large support for full disclosure of a vehicle’s history, the legislation is not without its critics. Dealers supported the bill largely because it will allow them to charge more for documentation fees, raising the caps from $55 for purchases and $45 for leases to $80 for either.

But another requirement of the law is for dealers to run a vehicle’s identification number through the National Motor Vehicle Title Information System, established by Congress and operated by the Justice Department. Commercial systems like Carfax, AutoCheck and Experian claim that was wrong for the state to mandate one information supplier. An official from Carfax also testified during a hearing in July that the federal check system was far from perfect, but Carfax itself has faced class action lawsuits about the company concealing the limits on the information it collects.

Consumer advocates are hoping the California law will lead to a federal program of the same type. On that level, however, MSN reported on October 3, 2011 that NIADA opposes the idea primarily because of the red warning sticker. “Title brands should be more uniform, branding systems should be accurate and databases should be complete,” said Brad Miller, NIADA’s associate director of legal and regulatory affairs. “Pursuing these goals via a window sticker is an outmoded concept that makes little sense. Instead this type of information should be gathered, maintained and made available to consumers in a uniform electronic format.”

Do you think the red sticker will reduce auto dealership fraud in California? Would you support the state law becoming a federal program? Our California lemon law lawyers want to hear from you. Share your comments with us below, and if you believe that a dealership violated California lemon law in your last car purchase, contact our office today for a free evaluation.

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

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

NHTSA Investigation Could Lead To Saturn Recall

Thursday, October 13th, 2011

What do you do when a manufacturer discontinues your car model you begin to notice possible manufacturing defects? Many owners of the Saturn Ion are about to find out, as the Wall Street Journal reported on October 3, 2011, that the National Highway Traffic Safety Administration says it has intensified its investigation into complaints about alleged problems with the power-steering systems on Ions from the 2004 to 2007 model years. The Ion was a compact-car model from a discontinued General Motors division whose production ended a few years ago.

According to the Journal, the NHTSA says there have been about 4,150 complaints from drivers alleging a sudden loss of power steering. Furthermore, the loss of power assist resulted in a crash in 16 cases, while cases the crashes resulted in driver injuries in two cases. Investigations like these can grow into safety recalls, the Journal said.

This potential recall is not just a good thing to keep in mind for people considering a Saturn Ion, but also for those considering any car that might have been subject to a recall.

If you have had to take your car in for multiple repairs relating to a recall, you could have a California lemon law claim. If you think you were sold a defective vehicle or were a victim of some other form of auto dealership fraud, contact one of our California lemon law lawyers for a free evaluation of your case. Have you owned a vehicle that was discontinued but then recalled? Our California lemon law attorneys invite you to share your thoughts. Tell us more about your experience.