How Do You Know You Purchased a LEMON?

It starts from the beginning of the purchase when you first drive off the lot in your new or used pre-owned certified vehicle. It starts smooth, it runs smooth, it shift like silk, it stops quite, it drives like a charm and the stereo is like heaven;

Then a few days or weeks later and all of a sudden you notice a jerking when it shift up or when your slowing down, the engine started to shake and run rough or the RPM fluctuating up and down, warning light come on the dash, it is stalling, getting hard to start, a tapping or rattling noises is heard in the engine, its leaking fluids or overheating, electrical things are not working sometimes the A/C has a very foul odor coming from the vents when you first turn it on or there is no cooling when it hot outside, the brakes are squealing or grinding when you stop or back up, it's vibrating or shimmy when you are stopping, the suspension is clunking when turning or hitting bumps, a howling noise is heard from the rear at 45/55 mph on the freeway, a loud wind noise is heard from the doors and it gets worst when you get a cross wind, the steering pull to one side, your new tires are feathering, cupping or have uneven wear, the steering has vibration, there's water leaks when it rains or you wash the car, the seat belt light come on or they are staying on.

Think this is abnormal well think again, this happens to a lot of new and used pre-owned certified vehicle that are sold every day. There are hundreds of thing that can make a vehicle a lemon. You have to do your job, when you purchased that new or certified used vehicle, keep good clear records. Be sure your complaint is not re-worded, some service writes will rewrite what you say and this can hurt your case. A drivablity issue is not the same as a transmission jerking concern. I personal have inspected over 3,500 cars and trucks but I cannot list the ones I have inspected, but I can give you some information that may help you.

If you have been in the shop two time for a safety issue such as the Antilock Brake System (ABS) or Safety Restraint System (SRS) warning lights staying on or four times for all other problem you're having such as engine light staying on an A/C foul odor when used, transmission jerking or kicking, or having to add engine oil before servicing. Then these are just a few things that can tell you if you have a Lemon. A trained attorney can read your repair order history and tell you and if you do have a Lemon then he or she can help you, all without you having to put out any money up front in most cases. You may be ask to get a vehicle inspection by one of his or her certified mechanics but that cost is very cheep compared to trading the vehicle back in and having to pay all that extra money you will lose. Here is a story of how I went through my Lemon law suit and was refunded all I had to pay during the time I owned the vehicle. I am sorry I am not allowed to give the type of vehicle or dealership name, I wish I could.

Also it's like some of the people who work at the dealership think they will get a bone for being rude to you when you need help. They are there supposable to help you and not treat you like your trash. Quite frankly I am fed up with these people who think your trash and treat us like it just because you're having a problem your concern with. They don't realize we are the one who sign their pay check, without you and me they would not have any work or sell any vehicle at all.

You purchased that new or certified used vehicle because you were tire of going to the shop every time it broke down and you don't have time to do it anyway. You don't want to pay for a rental car when you need repairs and you don't want to pay a deductable when you need a repair. Here is a story of what I went through with my wife's car just starting 157 miles after I purchased it and what I did to protect myself.

I purchased a new car for my wife in 2007 and then I used it to go to Sacramento to a trial I had to testify in. I was 157 miles from Los Angeles and observed the car was pulling to the right. I stopped and check the tires for proper pressure and they were right on. I called the Factory hot line and was told to go to the nearest dealership for a check-up. By the way when you call the factory hot line you are being recorded and whatever you say can and likely will be used against you, if you end up filing a Lemon law suit so, here is some advice that will protect you, always record the date and time and the person name you spoke with. When the operator comes on line you will hear a voice stating your conversation is recorded for training purposes but that is not all true. Your conversation is being recorded in case you file a Lemon law suit and it may be used against you. You will need to say to the person "Say The Company Name" does not have permission to record my conversation or voice for any reason in training or anything else without my written permission and today date and time is, do we understand each other on that before we proceed? They must say yes.

I pulled into a dealership in Roseville, Ca. and spoke to the service department about my problem, when I got my car back a few hours later I was told it had two tires that were near flat, I knew this was not true because I checked the tire pressure and all were at 32lb, and the TML light was not on as well (TML is tire monitoring warning light).

I put my receipt in a folder and knew I was going to have problems because they just lied to me, I was going to be sure to watch for anything else just in-case. Well the day after trial when I left Sacramento and just two hours in the drive I started to feel the car jerk hard when it shifted gears. I continued and monitored the times and speeds it happened and how I was throttling the car.

When I got back to Los Angeles I called the dealership and told them the car was jerking when it up-shifted and I also observed the tires were feathering and knew it was the alignment causing the problem.

After the service department returned my car I ask what was found. I was told the tires are normal and the transmission just needed to be reprogrammed. I said OK I will watch the tires and monitor the transmission shifting and if they get worst I will be back. A week later my wife was driving and when she got home from work she told me the car felt funny, I ask what do you mean and she said at times it jerks hard. I took the car and road tested it and sure enough it was jerking hard on up-shifts. The shift was not soft and smooth as it was when we road tested it prior to purchase.
I went to the dealership and after it was tested I was told the transmission will be repaired as a good will gustier, keep in mind I had less than 5,000 miles on the car. I said do whatever it takes just please fix it and do something about the tires wearing abnormally, I do have a factory warranty as you know.

I returned to the dealership four days later and got the car. I was on my way home and the car started to jerk at 37 mph, I went back to the dealership and the Technician said this is not normal not to worry about it. I was given a free loan car. I got my car back a week later. I went home and made sure I had all my files in order

A few weeks later the car started to jerk again, I then called the dealership and ask for the manager to road test the vehicle with me because it is jerking again. When I returned to the dealership the service manager looked at my car and said, OK what is your problem now?

I said first the tires are worn with feathering very bad and the transmission is not shifting properly. He told me the feathering is normal, I said it is pulling right and that's not normal. The manager said we make the cars have a slight right side pull in-case you fall asleep (a box of horse crock). I said OK what about the transmission jerking. He said let's go for a drive and when we returned he said well the car is working as designed and what you're worried about is a characteristic and said he will not do any more work on the car.

I called back a few days later and told him the car is getting worst and I will be there in the morning and something has to be done. When I arrived at the dealership the head Technician went with me on a drive and said, yes there is a problem and I will have to install a new transmission (used but rebuilt). I left my car and returned in seven days and when I got there I was told this was a goodwill fix and all is working as designed. I ask what about the alignment and the tires feathering and was told nothing is wrong, we checked the alignment and all is good.

I went to another dealership and ask to speak with management and the manager came out, we went for a road test and he said the alignment is off and the transmission is jerking. I told him OK I just had a transmission installed at another dealership and was told the alignment is OK.

He said let us check it, I ask to speak with the technician doing the repairs and when he came out I told him the steering Thrust is off and to please check it. I got a call later that morning and was told the Technician wanted to know how I knew the Thrust was off, I told the service writer the car is dog tracking and I am a Craftsman mechanic trained in several areas of the vehicle. He said we fix the alignment but we cannot do anything about the transmission and you will have to go back to the other dealership.

I called the first dealership and told him the transmission is jerking and not shifting properly and was coming in the next morning.

I arrived at 8:00 am and saw the manager and he said I told you I will not do anymore to the car it is working as designed. I said I want to speak with the Factory DSM, the manager said OK but he will tell you the same thing then you can leave me along because I am not doing anymore to the car. By the way the factory DSM is the Factory District Service Manager authorized to do whatever it takes to fix the car.

The manager called the Factory DSM and he ask to speak with me. I knew him because I have been to trial with him, we have won all the trials against that car manufacture, and he asks what's wrong. I told him the car had an alignment issued fixed by another dealership but the tires are feather very bad because of the alignment and I want new tires. I also told him the transmission was jerking and verified by another dealership, he said let me speak to the manager and I will get you a loan car free of charge and replace the transmission and tires. I gave the phone back to the manager and he looked very green, he hung the phone up and ask are you are a Craftsman mechanic? I answered yes and he said well as you know we have rules we have to follow and that why I told you what I did. I will get you that free loan car, put new tires on the car and replace the transmission as well and make sure it is fix right this time, I said thanks and left.

One week later when I picked up my car I was on my way home and it started to smoke, I pulled over and transmission fluid was all over the transmission and dripping (that was a fire hazard). I called the dealership and spoke to the manager and he sent a tow truck to get me and rented me a car. I went home and called one of the attorneys listed on my web site for lemon law, my case was settled within a few months and I got a full refund. This whole process took less than 11 months from start to finish and I was happy with the attorneys who helped me.

I had to keep all my records in order and I made sure the complaint all read the same thing on each repair visit to the dealership. If you are not satisfied with any repair when you pick-up your vehicle. When you get ready to sign the release, next to where you sign write "Under Protest" beside your name and this will help protect you. Help is available and it will not cost you for that help, when your case settles your attorney will be paid by the Manufacture. You may get a full refund, you may get another vehicle if you want it or you may get some money back, the worst thing that can happen is you may lose and you are where you started at. If you keep all your records in order and your complaints all the same writing for the same repair then you have a good chance of getting what you want in most cases. If you get caught lying to the judge or jury then you will lose. You must be straight and honest at all times to your attorney and the jury. Be sure to study all your paper work before deposition and trial and be firm on your answers, look at the attorney asking the question and then turn to the jury to answer the question so they can see you're sincere.

If you think you purchase a Lemon there is help and on my web site I have listed the best California Lemon Law attorney around, the call is free and the question you ask will be answered. So help yourself if you got a Lemon and don't be intimidated by the service writers or management to think you don't have a chance of getting what you want.
Lemonprotection.com established in 1984
God bless you all, if this helps you please pass it on so other can be helped as well.
Thank you, JW.