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Lemon laws protect consumers by enabling them to pursue compensation after buying a defective vehicle or one that is below industry standards. Recreational vehicles are unique and come with a series of potential complications that put a consumer in a precarious situation. Unlike cars, RVs are both vehicles and live able spaces. Although both the motor vehicle and the coach are considered consumer goods, the motor vehicle component has additional layers of provisions and laws to consider. When we refer to “lemon law,” we are referring to the consumer protections outlined in the Song-Beverly Consumer Warranty Act. In 1995, the court determined specific elements of the Act apply to different parts of the RV.

This is one of the challenges associated with purchasing a recreational vehicle: several manufacturers are responsible for creating its parts. Each component of the coach comes with its own warranties. The companies that gave the warranties are responsible for repairing them. The “motor vehicle” element of the RV presents similar challenges. Vehicle manufacturers such as Ford or Freightliner supply this portion of the RV, and thus you would have to go to one of their dealers for repairs.

The Challenges That This Creates

Previously, we published a piece about the RV Trap. Before we discuss why consumers get trapped by RV purchases, it is important to highlight two specific details about lemon laws:

• The manufacturer’s warranty
• The dealer is given a “reasonable number of attempts” to repair the issue

These two points are pivotal in understanding why the RV industry needs to reform to offer more consumer protection. People who buy RVs are only given a one-year warranty. At San Diego Lemon Law, PC, we believe this is insufficient. Suppose an RV owner is experiencing an issue with the slide-out component after three months of purchasing it. (The slide-out portion of the RV extends to increase the amount of living space when the vehicle is not moving.) The vehicle is still under warranty by the RV’s manufacturer, but slide-outs are challenging to diagnose and repair. Imagine being in a position where it takes months to get your RV back only to discover that the problem with the slide-out persists.

RV owners like this one may encounter delays of up to six months just to get an appointment. When this person gets their appointment, their warranty is only three months from expiration. Other people may not get appointments until after their warranty lapses. What happens if the dealer returns the vehicle and it continues to have the same problem? This could create the need to bring the vehicle back to the manufacturer because they are given a “reasonable number of attempts” to resolve it.

It is important to note that the law extends the warranty until the repairs are completed. However, many RV dealers may be unaware of this provision and will treat you as if the warranty has expired—which is unacceptable. Either the manufacturer’s warranty needs to be extended, or RV dealerships must make timely repairs. We can no longer sit idle while RV owners are left to make payments on a vehicle that doesn’t function properly and are left without any form of legal recourse.

Contact San Diego Lemon Law, PC Today

We have been practicing law for more than four decades and are researching a class action to help RV owners trapped in this situation. We aim to help clients like you and force the RV industry to make necessary reforms. If you have an RV and are facing this problem, contact San Diego Lemon Law, PC by emailing us at: contact@sandiegolemonlaw.com

 

Our tagline is “When Bad Cars Happen to Good People” and we say, “You’re a good person.  You bought a bad car.  We can fix that.”  Here are some of the good people with bad cars that we’ve gotten great results for lately:

The bad car:  2018 Land Rover Range Rover.

The good person:  Van is a hard-working married business owner with two small children.  She wanted a safe, dependable car for her family.  She had been driving a 2007 Honda, but with two children added to the family, a larger car was needed.  She had always loved the Range Rover and decided that this was the perfect time to purchase a new one.

However, this new car soon began to suffer numerous defects, the most serious of which was that the rear door locks will frequently not unlock, and she couldn’t get her children out of the car!  This was terrifying to her and was clearly a serious safety issue.  There were seven repair opportunities for the door lock issue alone.

A second, very serious, defect in this vehicle involved the information screens, which frequently went completely blank and inoperable.  These screens control major vehicle functions including the HVAC system.

How we fixed it: When writing a detailed demand letter didn’t convince them, we filed suit against Land Rover and were able to get Land Rover to buy back the vehicle without our client ever having to set foot in a courtroom.  And, because they initially turned us down and we had to file suit, we were able to get Van an additional amount of money, called “civil penalty” to compensate her for the delay.  And Land Rover paid all our attorney’s fees.

The bad car:  2021 Honda Pilot.

The good person: Chrysta is a hard-working HR director, a wife, and a mother of two who needed a safe, dependable economical car.  Her lease was ending on her Acura MDX and she decided to lease a larger vehicle for her family and to commute to and from work, which requires hands-free telephone use.  Honda’s advertising led her to believe the Pilot would fit her needs.

However, this new car soon began to suffer numerous defects, the most serious of which were the constant issues with the audio system.  There were constant crackling and popping noises when talking on the phone.  In addition, she had continual phone connection failures which would cut off her business calls.  In addition, the television, which she specifically got for her youngest child to watch while she was making business calls, did not work.

How we fixed it: Again, we were able to get Honda to buy back the vehicle and pay Chrysta additional money, “civil penalty”, because we had to file suit.  Again, Honda paid all our attorney’s fees.

The bad car (truck): 2021 Dodge Ram 1500.

The good person:  Mohamad is a hard-working married business owner with a young son.  He and his wife had been sharing a vehicle when Mrs. Kafarah decided that she needed her own car.  So Mohamad went shopping for a truck that would work well with his contractor work, and really liked the way the Rebel model looked and drove. The vehicle also needed to be a safe, dependable truck since he regularly drove with his toddler in the vehicle.  Chrysler’s advertising led him to believe the 1500 Ram would fit his needs.

However, this new truck soon began to suffer numerous defects, the most serious of which was the fact that the collision avoidance system continually slammed on the brakes or gave a warning when there were no obstructions.  The truck also slammed on the brakes when in reverse, and the transmission surged forward when he is slowing down in traffic.  In fact, Mohamad nearly rear-ended another vehicle on the freeway with his son in the truck, so he refused to drive with his child in the truck any longer.

How we fixed it:  By writing to Chrysler, laying out the complete repair history, and explaining why they were required to comply with the Lemon Law, we were able to get Chrysler to buy back this unsafe truck and pay the attorney’s fees.

Though the statistics fluctuate, almost a third of all cars are leased. There are several reasons why many people choose to lease rather than own them. For example, cars depreciate quickly, and people who lease know that someone will take the car off their hands when the lease expires. At San Diego Lemon Law, PC, we help clients navigate their most complex issues after purchasing a lemon. Let’s look at why someone may opt to lease in terms of safety and reliability.

Generally, newer cars are expected to have fewer issues than older ones. People who lease not only get to use a new car, but they will be doing it while the car is still under warranty. Technological advances and safety features evolve rapidly. Drivers who use leased cars expect these safety features to work as advertised, especially if these up-to-date features were the catalyst for their choice to lease rather than buy. However, leasing a lemon may negate these. Having an unsafe car that continually needs repairs or has defects with something that is used regularly (such as an infotainment system) forces the consumer to take recourse.

Leases & Lemon Laws

California’s lemon laws protect consumers who lease their cars. If having a vehicle that is still under warranty was your most significant factor for leasing, it will also be critical in resolving your lemon issue. The law protects people who purchase or lease cars still under warranty. To know whether you have bought a lemon, ask yourself whether the defective part or parts impact your car’s use, safety, or value.

The manufacturer must be given a chance to resolve the issue for you. You must take your car back to the dealer at least two times to give them that chance.  (All of these repairs need to be documented, and if the dealership doesn’t provide this, you need to ask them for it.) Another reason why this is important is that your car may have multiple issues that force you to continually return to the dealership for repairs. The dealer is also required to make a successful repair within 30 days out of service—and this is cumulative as opposed to consecutive days.

San Diego Lemon Law, PC

Resolving the issues associated with buying a lemon car will not cost you anything. By law, the manufacturer pays the cost of your attorney’s fees. Attorney Doug Sohn has focused solely on lemon law for more than twenty years. When you meet with us, we can give you a better understanding of how long the process will take and how we can resolve this problem for you. Contact San Diego Lemon Law, PC to schedule your free consultation.

Help us reform the industry!

Do you own an RV? If you’ve ever had to take it back for repairs, you realize that you, as an RV owner, are facing a big challenge.

Purchasers of RVs are only given a one-year warranty, which is a very narrow window for the many defects that commonly appear in these vehicles.

In addition, the repair facilities at dealers are typically entirely inadequate in terms of properly trained technicians which leads to
(1) extremely long lead times for appointments,
(2) extremely long out-of-service times once repair opportunities begin, and
(3) inadequate/incorrect repairs that lead to return repair opportunities that expose buyers to a new cycle of the same inadequacies.

Owners of RVs regularly encounter delays as long as six months in even getting an appointment for repair and when they are finally able to bring the RV in, encounter delays of as long as 4-6 months while the RV sits unrepaired at the dealer. By the time they get their RV back, and find that the problems with it are still unrepaired, and can get another service appointment, their one-year warranty has often expired, leaving them with a defective RV and no remedy.

San Diego Lemon Law, PC is researching a class action to help RV owners in this situation and to force the RV industry to make reforms.

Is there anything wrong with joining a class-action lawsuit? Absolutely not. They are an option available to you—and they are worth considering. We are discussing them because we want you to know the different ways you can seek out a resolution. For instance, people who have purchased a Ford F-150 for model years 2017-2020 discovered that these trucks had common transmission defects.

They were built with the 10R80, which is a 10-speed automatic transmission. One of the biggest concerns wasn’t even that the transmission wasn’t reliable. When driving, the passengers inside the truck got whiplash from how quickly and aggressively the transmission shifted gears. Because of this, the owners brought them back to the dealerships to have the situation rectified. The transmissions caused the trucks to decelerate rapidly and would eventually make uncommon and concerning noises.

But these owners were not given a solution. Dealerships explained that the transmission’s noises were common to all the trucks, and they had no answer for how the transmissions were operating. Hence, the birth of a class-action lawsuit.

What Next?

Anyone who has one of these trucks may wonder how they can find a resolution to these issues. Should I join the class-action lawsuit? Do I need an attorney? Do I just wait? These are all valid questions, and we will answer them. Whether you choose to be a part of the class-action lawsuit is up to you. However, you should consult with a lemon law attorney beforehand. San Diego Lemon Law, PC, for instance, offers free consultations—so you have everything to gain and nothing to lose by talking to one.

Another added benefit of meeting with an attorney is that you learn about the entirety of your options. If you learn about a class-action lawsuit that centers on a car you own, the only way to know whether being a part of the lawsuit is in your best interest is by knowing what you’re giving up by being a part of it. An attorney familiar with the case and your specific situation can advise you appropriately.

Opting In, Opting Out

Here’s something you may not know or have overlooked: You do not need to opt into a class-action lawsuit. For example, if you own a 2017-2020 Ford F-150, you may already be a part of the lawsuit we are referencing. Although you do not have to opt in, your attorney may advise you to opt out of it if it is in your best interest.

San Diego Lemon Law, PC

Don’t hesitate to contact us after learning that you and your vehicle are a part of a class-action lawsuit. Your window of opportunity to opt-out of a class-action lawsuit varies by case, and you don’t want to miss it. Attorney Doug Sohn has been practicing law for more than four decades—and solely lemon law for the last twenty.

You bought a lemon. The road ahead may not be as complicated as you think. Finding a lawyer, paying the lawyer’s fees, and enduring a lengthy trial adds enormous stress to an already complex situation. People tend to imagine worst-case scenarios in the absence of fact. The reality of your case may be significantly more manageable than you think.

The Reality

Let’s make one thing easier quickly: your lemon law attorney will not cost you anything. You paid for a car with the expectation that it would work, but the manufacturer didn’t hold up their end of the deal. And it will be them who pays your attorney’s fees. This isn’t the same as personal injury cases where the lawyer receives a percentage of your settlement.

Additionally, if you are reading this, you have found at least one option for representation. Despite having found a lawyer (a free one!), you still have to face the long, arduous process of a trial. Again, that may not be accurate.

The Legal Process

We have been practicing law for more than forty years, and our focus has solely been on lemon law for the last two decades. From our experience, less than 5% of lemon law cases go to trial.

After your attorney files a lawsuit, you may have to sit for a deposition. You will be sworn in, and the opposing counsel (who represents the car manufacturer) asks questions to gain additional information. Your attorney will prepare you, but here are some questions that you may be asked:

• Details about your car
• What is wrong with the car
• What did you do when the car malfunctioned
• What happened when you contacted the dealer
• What continues to be wrong with it

Sitting for a deposition may sound stressful, but again, in our experience, only about half the people who file lawsuits have to be deposed. Even if you have to, these are done out of court. In some situations, these are done virtually—so you may not have to leave your home.

San Diego Lemon Law, PC

Attorney Douglas Sohn has more than four decades’ experience. Though no one can predict the future, we look at your case and prepare you for the most likely outcome. We have seen it before and can help you overcome the obstacles that stand between you and resolution. Contact San Diego Lemon Law, PC to schedule a free consultation.

If you have bought a lemon, we know you have questions. One of the most common ones is how soon can I expect a resolution? Like most people, you rely on your car to get to work, shuttle the children to and from school/activities, and live your life. Regardless of the amount you spent, you upheld your end. The manufacturer didn’t.

Demanding to know how the issue will be resolved (and what that resolution will look like) isn’t self-centered because you want you paid for. If this is you, we want to provide you with a better understanding of what the road ahead looks like.

Two Types of Cases

The amount of time it takes to resolve your issue is dependent on the type of case it is. Generally, cases fall into one of two categories:

• Pre-litigation
• Litigation

Pre-litigation refers to the period before a lawsuit is filed. Don’t get discouraged and think of this time as a period of inactivity. Your attorney can advance your case. In addition, the time you spend waiting for a resolution may be shorter if you are in the pre-litigation phase.

The Time It Takes

Although every case is different and there are no guarantees, most cases take three to nine months. If your issue never turns into a lawsuit and remains as pre-litigation, it will take closer to three months. This may come as a surprise to people simply because they foresee an impending lawsuit and drawn-out court dates.

However, your issue can be resolved by your attorney most of the time before there is ever a need to enter a courtroom. A properly drafted letter written by an experienced lemon law attorney will likely be enough to initiate negotiations.

Should your issue turn into full-blown litigation, your involvement will still be very low. You may have to have your car looked at by experts, and your attorney guides you through the rest of the process.

What Do I Get?

What can you expect as a result of your lemon law case? Your attorney will fight to ensure you get back what you put in. It is important to note that the manufacturer pays your attorney’s fee, so you won’t have to.

San Diego Lemon Law, PC

Attorney Doug Sohn has been practicing law for more than four decades—and half that time has been devoted purely to lemon law. Our goal is to get back what you lost as quickly as possible. Most of our clients never went inside a courtroom, but they received the resolution they deserved.

A defective vehicle may turn your life upside down, especially if it is your only means of transportation. Even if it isn’t, you spent money on a car that is continuously breaking down, or worse, the defects are putting you and your family at risk.

When someone informs you that attorneys represent clients who have bought lemons, you may dismiss it. Why? Because it’s an added expense on top of a building pile of them. Though you may not be charged each time the manufacturer attempts to resolve your car’s defective aspect (or aspects), there could be indirect costs that you inherit. However, there is good news—great news, perhaps.

Lemon Law Attorneys Aren’t An Extra Charge

Is a lemon lawyer free? No, they are not. But as a client, you will not be the one paying their fees; the manufacturer will.

You may already know that lemon laws enable you, the consumer, to have your car replaced. Or the manufacturer will buy back the vehicle. Where do the attorney’s fees come from if your car gets replaced?

California’s lemon law statute states that the car manufacturer pays the attorney’s fees and costs. You may be familiar with the concept that an attorney doesn’t get paid unless you win. When you are awarded a settlement, the attorney takes a percentage of it. This is not how lemon law attorneys operate. If you obtain compensation from the manufacturer who produced the defective car, none of that money goes to your attorney.

Any compensation you receive stays with you. The attorney who represented you keeps detailed records of the time and money spent on your case. You will never see this because it goes directly to the manufacturer.

A Different Perspective

In essence, a lemon law attorney only gets paid when they win. The benefit to you is that they have every bit of incentive to represent you vigorously. The critical difference is how they receive compensation for their services and where they come from.

An easier way to think of this is that you are entitled to recover your attorney’s fees despite never having to come out of pocket for them. You are on the receiving end of a bad deal, and it wouldn’t be just for you to have to pay to rectify the situation—to include potentially losing some of your financial compensation.

San Diego Lemon Law, PC

If you have bought a lemon, there is nothing to lose and everything to gain by hiring an attorney. Attorney Doug Sohn has been practicing law for over four decades and has spent the last twenty years solely focusing on lemon law. If you have further questions or need an attorney to represent you because you bought a defective car, contact us at (619) 237-7646 for a free case review.

People who live in California rely on their cars, and the level of dependence they have on them may not be fully realized until you don’t have one. They are fundamental for getting to work, dropping our children off at school, and supporting a significant number of household activities (e.g., grocery shopping, extracurricular activities, etc.).

Anyone who has spent money on a car that continuously needs repairs has a justifiable right to be upset. The car was supposed to be the solution to your problems above, and it complicates your life and can even be a financial and logistical burden to carry. If you are in this position, you may demand to know when your malfunctioning car becomes a “lemon.” If so, then the manufacturer may buy back your vehicle, replace it, or compensate you financially.

Criteria For A Lemon

There are laws to protect consumers if they purchase a defective vehicle, and the California Lemon Law covers new or pre-owned automobiles for household or family use. If you have a business that utilizes cars (5 or fewer), you may be protected under these laws as well. For instance, California Lemon Laws include vehicles under 10,000 gross lbs. The key is that they are still covered under the manufacturer’s warranty.

A Reasonable Number

Even if your car fits all the criteria above, the manufacturer can repair it. They are given a “reasonable number” of attempts to fix the defect. Anyone who hears or reads that is going to ask for something quantifiable. Otherwise, there is a potential that the manufacturer and the car owner may dispute what constitutes “reasonable.” If your car meets all the criteria in the previous section, a reasonable number of attempts can be explained (in more concrete terms) as follows:

• If the defect could cause death or serious bodily injury, the manufacturer gets two attempts to resolve the issue.
• If the deficiency will not lead to death or serious bodily injury.
• The manufacturer receives four attempts if your car has multiple issues. If it has been out of service for more than 30 days (total and not necessarily continuous), then it has exhausted a reasonable number of attempts.

San Diego Lemon Law, PC

Your car is a significant component of your life, and if it is defective, it can cause considerable disruption. For more than twenty years, San Diego Lemon Law, PC has focused on nothing but lemon law. When we take on a case, we represent it vigorously—and this comes at no cost to you. Contact us at (619) 237-7646 for a free case review.