Scenarios Using Attorney Services

1. The new motor vehicle issues may involve "cutting out" when the car suddenly or unpredictably has no power, when the engine surges for no reason, when the transmission has repeatedly gone out, or when the vehicle is difficult to control under certain conditions. A motor vehicle may simply malfunction and cannot be repaired by the dealer or manufacturer, thus affecting its safety, value, or use. When an individual's new car has been out of service during the first 18 months or 18,000 miles (whichever comes first) more than four times for the same defect, or two times for a safety related defect, and the buyer has notified the manufacturer at least one time of the need for repairs, or the vehicle has been out of service more than 30 days cumulative, and the buyer has written the manufacturer of the defect, under California law, it is presumed the manufacturer had a reasonable number of attempts to repair the vehicle. If the defect substantially impairs the safety, value, or use of the vehicle to the buyer, then the buyer is entitled to a new replacement vehicle or his/her money is refunded (Note: a vehicle may be a lemon and subject to a buyback even if it does not fall under a presumption).
   
   
2. A consumer plans to purchase a new car and wants a consultation as to what he/she should know concerning warranties, his/her obligations under a sales contract and under a lease, or whether purchasing a used car would be a better option. A paid consultation with Ms. Bates may save the consumer many thousands of dollars on the purchase of a new or used car, as well as protecting him or her from deceptive business practices.
   
   
3. A consumer purchases a new car and is having many problems with it. The dealer responses are that the complaints...
   (a) Do not exist or cannot be found
   (b) Are normal for the car
   (c) Are caused by the consumer
   (d) Are caused by some third party and therefore are not the concern of the dealer or manufacturer.
   
   
4. The consumer is frustrated and does not know how to protect his investment. The consumer needs to understand the law at this point. A consultation with Ms. Bates may allow the consumer to resolve the problem himself, or may lead to Ms. Bates taking the case on a semi_contingency whereby she will seek her attorney's fees from the manufacturer. The consumer has a "lemon" and has chosen to use the manufacturer’s arbitration program (There is a risk in using the arbitration program because the findings and decision can be used against the consumer at trial. CC 1793.22). The arbitration panel decided that the manufacturer can try to fix the car again, or that there is nothing wrong with the car, or miscalculates the amount owed to the consumer. It may be time for Ms. Bates to deal directly with the manufacturer and to file suit under the warranty laws to get either a new car or get reimbursement for the consumer. She will seek to recover her attorney's fees from the manufacturer.
   
   
   5.The manufacturer and dealer have informed the consumer that he or she is entitled to a replacement vehicle. However, when the figures are calculated, the consumer is only trading in the lemon for a new car - he will have to pay for new financing fees, depreciation, and other costs. The consumer needs Ms. Bates to negotiate on his/her behalf.