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2010 September Archive

Car Dealer Notification of Lemon Law Resale Notices

By California Lemon Law Attorney on September 20, 2010

While it may be tempting to purchase the first used car that you see, especially if the price is right, there are a few issues relating to a vehicle’s history that you may want to check first. The Seattle Medium recently reported that a car dealer in Washington failed to provide used car buyers with lemon law resale notices on more than one occasion. The lemon law in Washington requires used car dealers to properly disclose the circumstances of a vehicle’s history, which includes whether it was returned to the manufacturer under a Lemon buyback program.

According to the article, the Washington dealership did not inform an SUV buyer that the vehicle had been returned to the manufacturer under a Lemon buyback program and then resold at a California auction. In response to the incident of used car fraud, the Washington Consumer Protection Division Chief of the State Attorney General’s Office stated that although a consumer may purchase a vehicle if he or she knows it may have potential problems due to its history, a consumer should at least be aware of these issues.

While this particular used car fraud case occurred in Washington, similar situations arise in California. Before you buy a used car in California, refer to the California DMV’s website to learn more about vehicle history disclosure requirements.

While all dealerships and sellers are legally obligated to disclose a vehicle’s salvage title and history, the law is more difficult to enforce than most consumers realize. If you believe that the seller or dealer who sold you your used car did not disclose its correct vehicle history, contact Howard D. Silver. As a skilled used car fraud attorney in California, Howard Silver can evaluate your specific situation and help you decide on the best course of action. Call 1-866-49-LEMON today for a free consultation.


Man Says Used Car Dealer Sold Him Totaled Vehicle

By California Lemon Law Attorney on September 8, 2010

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 866-49-LEMON today for a free consultation.


Car Defect-Related Lawsuits on the Rise

By California Lemon Law Attorney on September 3, 2010

There has been a recent proliferation of lawsuits being filed against major auto manufacturers for defects with their vehicles. The most recent, high profile situation involves Toyota Motor Corporation, which has recalled almost 20 million cars this year due to problems with involuntary acceleration. In fact, The Dallas Morning News reports that coupled with more systemic financial woes affecting most major auto manufacturers, juries may be inclined to award large settlements to plaintiffs in these cases.

Lawsuits against auto manufacturers had been on a downward trend the last few years, owing in part to the bankruptcies of GM and Chrysler. However, the industry’s economic recovery in recent months has spurred a renewed wave of defect-related lawsuits. The last major wave of these types of suits coincided with the Ford and Firestone tire recall in 1998.

Government agency sanctioned recalls lend further strength to defect-related lawsuits, as plaintiffs are able to use manufacturer response time to consumer complaints during litigation. The increase in consumer lawsuits will almost certainly encourage car companies to tighten safety monitoring in the hopes of avoiding further financial losses in the future.

If you believe your car suffers from a manufacturing-related defect, you may be entitled to compensation from the manufacturer. The knowledgeable California lemon law attorneys at the Law Offices of Howard D. Silver have the experience and skill to defend your rights and ensure that you are adequately compensated. Call our offices today for a free consultation about your case at (866) 46-LEMON.


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