Used Car Lemon Law

Serving Los Angeles, Riverside, Ventura, San Bernardino Counties & Nearby Areas of California

Video – Does The California Lemon Law Apply to Motor Homes?

If you have a vehicle that has a recurring problem with your motor home that has been worked upon while it was still under warranty, then you may have a lemon law case. You are going to want to approach this case as quickly as possible so that you can be compensated for your faulty vehicle and move on from this problem. In this video, our attorney, Howard D. Silver, explains which parts of a motor home are covered by California lemon law:

For help with your lemon law case, please contact The Law Office of Howard D. Silver today. Our attorney will help you get the financial restitution and justice you deserve. Call us today at (855) 341- 2611.

Posted Date: 
Monday, March 28, 2016

We've Posted to SlideShare - What is Lemon Law?

If you're wondering if you qualify for a lemon law case, please view this SlideShare to determine what lemon law is and whether your vehilcle qualifies or not.



For help with your case, please contact Howard D. Silver today. He has decades of experience working with lemon law and can help you seek the maximum compensation. Call (855) 341-2611 today for a free caser review! 

Posted Date: 
Friday, March 11, 2016

What Happens to a Vehicle after It's Declared a Lemon?

If you have a vehicle that is deemed to be a "lemon," you have certain rights under the California Lemon Law. In most instances, the manufacturer buys the vehicle back from you and you receive a refund of your money. At this point, your lemon law claim is settled and you get to move on with your life.

But what happens to the vehicle? Are they taken to the scrap yard and crushed into junk? While that might seem like a reasonable outcome, it's not what actually happens. In most instances, these vehicles are sent to auction where a dealer purchases it and sells it on their lot as a used car.

Unfortunately, these dealers often don't disclose to customers that the vehicle they're purchasing was a lemon law buyback. While this would be the honorable and ethical thing to do, they're not required by law to disclose this information. It's also not guaranteed that you'll be able to uncover lemon law buyback information from services such as Carfax.

You should always be very careful when purchasing a used vehicle from a dealer, especially if it has very low mileage. Always ask whether it was a lemon law buyback. If the dealer lies to you when you ask this question point blank, it constitutes used car fraud, and you will have rights and protections under the law.

If you need assistance with a used car lemon law claim in the Los Angeles area, Howard Silver can help. Mr. Silver has more than 25 years of experience handling these cases, and he'll fight aggressively to protect your rights every step of the way.

Please contact the Law Office of Howard D. Silver using the form at the right side of the page or call (855) 341-22611 today to schedule your free used car lemon law consultation. Mr. Silver serves clients in Los Angeles, San Bernardino, Riverside, and Ventura Counties, and throughout California.


Posted Date: 
Friday, February 20, 2015

Unrepaired Recalled Cars Causing Problems for Used Car Buyers

Recently, it has been reported that used car buyers are at an increased risk of owning vehicles that were recalled but never fixed by previous owners. According to the The Los Angeles Times, studies done by were sparked by a series of complaints concerning engine fires occurring in older model General Motors vehicles, all of which had been subject to a recall but never repaired.

An analysis found that two GM recalls for 3.8-liter V6 engine vehicles had received only a 52.5% completion rate, meaning that almost half of the vehicles had gone without repairs. While not fixing defects is a vehicle owner’s choice, the problem occurs when these unrepaired vehicles are sold to used car dealers, who do not know the vehicles have unrepaired defects. In turn, the buyers of these cars are unwittingly subject to hazardous conditions.

There are currently no laws that require a vehicle owner to notify a buyer that their car has been recalled at some time in the past. Although used car buyers can register their vehicle with the manufacturer or visit to see if their car has ever been recalled, it can be difficult for a consumer to discover if their vehicle was actually fixed.

New car buyers are not the only people covered by the California lemon law. Used cars that are still under manufacturer warranty are also covered. Further, if the used car you bought came with an express warranty, consumers can get their money back or a replacement vehicle. For a free consultation about your case, contact the Law Offices of Howard D. Silver today at (866) 49-LEMON.


California Legislation Aims to Regulate Buy Here Pay Here Used Car Dealers

After much discussion and controversy, the California Senate is considering new regulations on used car dealer lending practices. “Buy Here Pay Here” used car dealers would be considered “lenders” under the newly-introduced bill SB 956 and regulated by the Department of Corporations, according to The Los Angeles Times.

Pay Here Buy Here used car dealers operate differently than many other dealerships as they finance car purchases themselves, not through someone else such as a bank or credit union. As such, they make installment loans with consumers with very little government regulation. These types of dealers may charge too much for older model used cars, have unfavorable repossession policies and charge incredibly high interest rates for their loans.

The new bill would require, among other things, Buy Here Pay Here dealers to cap interest rates at 17%, prohibit placing GPS locaters on cars and devices to keep cars from starting when the consumer is behind in his or her payments.

Car dealers often present themselves as offering great deals for consumers they serve. However, some dealers may choose to deceive their customers and advertise the vehicles they sell in a deceitful way. If you believe you have suffered from dealer fraud, San Bernardino used car fraud attorney, Howard D. Silver, can help.

Your Used Vehicle May Be Missing an Air Bag

A recent article in The Los Angeles Times highlighted a study conducted by the National Highway Traffic Safety Administration (NHTSA) that analyzed fatal traffic accidents in 2008 in which vehicle air bags failed to deploy. According to the study, the most common reason for the failure was the air bag missing from the vehicle, most likely because the air bags had not been replaced after a previous accident. On average, the study discovered that 51 incidents per year in the United States can be attributed to missing air bags but it is not known how many more vehicles are on the nation’s roadways that are missing air bags.

The article notes that many used vehicles have previously been involved in crashes, and then salvaged and resold to consumers, potentially without air bags. Obviously, significant danger exists since the consumer may never know their vehicle is missing this essential safety feature.

Air bags can be very difficult to check on, and are quite expensive to replace, costing between $1,000 and $3,000. According to the article, many auto repair shops have been found to charge a consumer for replacing an air bag but do not actually do the work. For example, in 2009, a couple was awarded $15 million after their son was killed in a truck whose air bags they had paid to be replaced after the vehicle was purchased as salvaged, with the steering column stuffed with paper. It is important for consumers to be aware that when they are purchasing a used vehicle, they should have an independent mechanic whom they trust inspect the vehicle to ensure air bags are present and the vehicle does not have a defect that affects its use, value, or safety which could pose risk to the consumer.

Recently, a bill was proposed in the Senate that would make air bag repair fraud punishable by a fine of $5,000, or up to a year in state prison, or both, in an attempt to reduce this kind of consumer protection violation.

Before purchasing a used vehicle, it may be a good idea to familiarize yourself with how you can avoid buying a lemon vehicle. Read the Consumer’s Guide to Buying a Used Car in California by Los Angeles lemon law attorney Howard D. Silver before you visit a used car dealership so you know how to get a good deal. If you have purchased a lemon vehicle from a used car dealer, Mr. Silver can help you understand the legal options available to you. Call 1-(855) 341-2611 today.

Man Says Used Car Dealer Sold Him Totaled Vehicle

A Texas man is claiming that an auto dealer illegally sold him a totaled vehicle. The dealer, however, denied knowledge of the vehicle's history. According to a news report on KIAH-TV, the consumer discovered the problem two months after purchase, when he tried unsuccessfully to repair the vehicle’s brakes.

The consumer stated in the report that he cannot get auto insurance because of the vehicle history and cannot sell the car. This story is an unfortunate reminder about why consumers need to be extremely cautious and do their research before buying a used car.

Used car fraud occurs when a dealer misrepresents the condition or history of the vehicle. Used car fraud can come in many forms and happens more often than most consumers realize. That is why it is important for consumers to remember that it is the responsibility of the dealer to inform them if:

  • The vehicle has been declared a total loss
  • It is a lemon law buyback
  • It has a salvage title
  • It was a prior rental

If you have been the victim of used car fraud in California, please contact experienced California used car fraud attorney Howard D. Silver. Mr. Silver has a substantial track record helping victims of auto fraud and unfair business practices. Call (855) 341-2611 today for a free consultation.

Connecticut Car Dealership Jumps Ship

Consumers in Connecticut recently filed fraud complaints with the Department of Motor Vehicles in regards to an automobile dealership that closed. According to a report from The Hour, the dealership closed still owing customers money and services. Some individuals even provided the car dealership with a cash deposit for an automobile that they have yet to receive.

In addition, customers have complained of paying for vehicle repairs that have not been completed as a result of the dealership unexpectedly closing. While these customers have been given their cars back, minus repair work, many of the dealership’s other customers learned of its closure by visiting the premises and seeing vehicles being towed away from the lot.

A new bill was introduced by Senator Bob Duff, vice chair of the General Assembly’s Transportation Committee, regarding existing lemon laws in Connecticut. Senate Bill 1081, An Act Concerning the Functions of the Department of Motor Vehicles, went into effect in 2009, adding an extra disclosure provision for the sale of all used vehicles. The new law allows consumers to buy warranty protection for a used vehicle purchased on an “as is” foundation.

While some states provide equal consumer protection for new and used vehicles, used car fraud still takes place. After purchasing a used car, whether a consumer suspects that the dealer charged them for features that he or she was told were free, rolled back the odometer, or failed to reveal that the vehicle was a “lemon buyback” or a rental car, consumers may be entitled to their money back, damages and attorney’s fees for this type of violation.

North Carolina Used Car Buyer Encounters Deposit Issues

There comes a point in every car owner’s life when it’s time to buy another vehicle. Whether you simply want a change or have taken your current vehicle to its limit, buying a used car is often a beneficial solution for one’s finances. However, used car buyers should be aware of a dealership’s policy on deposit refunds for a vehicle with mechanical problems, as one man’s story from North Carolina emphasizes.

According to a report, a North Carolina used car buyer paid a dealership a $500 cash deposit for a vehicle before taking it to his mechanic to examine the car for any problems. The man claims that the car salesman signed a receipt stating that the money would be refunded if any mechanical issues were detected in the vehicle. When the mechanic did discover problems with the vehicle’s horn, battery, and wheel bearings, and the man tried to get his deposit back, the salesman reportedly denied him the full deposit.

In North Carolina, the lemon law does not provide consumers with any protection against used vehicles with problems. While several North Carolinians may, for example, believe that, as a car buyer, they have three days to change their mind about a vehicle that they just purchased, this is not the case. A person cannot return a vehicle to the dealer once they have signed an agreement and taken the car away from the dealership.

With used car issues ranked number five on the list of consumer complaints to the Better Business Bureau in 2009, consumer awareness of used car fraud and lemon law may help to avoid these problems. Be sure to get a hold of a vehicle history report before signing anything. This information should help a potential car buyer learn exactly how many owners a vehicle previously had, and whether the car was involved in any serious wrecks that caused significant damage.

New Legislation to Protect Used-Car Buyers in California

In addition to the Consumer Legal Remedies Act of California, which protects consumers by prohibiting used-car dealers from using deceptive and unfair business practices to sell their cars, new legislation (Senate Bill 95 and Assembly Bill 647) advocated by criminal justice officials and consumer protection groups will go into effect in January 2010.

Senate Bill 95, also referred to as the California Car Buyers Protection Act, will require auto dealers to have outstanding liens (legal claims on a vehicle as security for a debt) completely paid off before trading or selling a used car. Additionally, Assembly Bill 647 gives consumers access to a national database containing title, theft and other important vehicle information.

One State Senator commented that Senate Bill 95 will assist consumers who are already battling the tough economy. In fact, some car dealers have gone out of business due to the economy, leaving consumers with unpaid liens on vehicles that they traded in. Based on the article, the president of the Sacramento-based nonprofit Consumers for Auto Reliability and Safety stated that SB 95 “will help law enforcement agencies crack down on violations before hundreds of car buyers have their credit ruined at a single dealership.”

The author of Assembly Bill 647 stated that the bill would give consumers access to the National Motor Vehicle Title Information System, or NMVTIS, and oblige the State Department of Motor Vehicles to comply with federal law. The availability of NMVTIS, an electronic vehicle-history database run by the U.S. Department of Justice, to the public will allow states, law enforcement agencies, and consumers the chance to exchange information and verify vehicle titles and determine if an automobile has been salvaged, flooded, stolen, or junked. The assemblywoman emphasized the significance of this new Bill stating, "As more people look to buy used cars during this financial downturn, this legislation gives California car buyers access to life-saving data at a competitive price.”

At the Law Offices of Howard D. Silver, our California used car fraud attorneys are pleased with the new legislation, especially since the Justice Department speculates that once all states are fully participating in the database, it should help save U.S. citizens between $4 billion and $11.3 billion annually by helping restrict salvage fraud, vehicle theft, odometer fraud, and other related crimes.

If you believe that you have been a victim to used car fraud or any other kind of deceptive or unfair business practice, please contact the Law Offices of Howard D. Silver. Call (855) 341-2611 today for a free consultation.

Source article:

Posted Date: 
Wednesday, February 18, 2015


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