|Integrity of the
To prevail on a consumer
protection claim, a consumer
must be able to prove:
1) that a statute exists which requires a certain behavior, and,
2) that the seller did not comply with the behavior
3) usually, but not always, the consumer must also be able to
prove that the failure to comply with the behavioral
requirements resulted in some damage to the consumer.
Consumer Legal Remedies Act
The CLRA prohibits misrepresentations intended to result, or which do result,
in a transaction
If the court finds that the seller of goods and/or services made
misrepresentations prohibited by the Act, the seller must refund all money paid
on the transaction and pay the reasonable attorney's fees and costs required to
obtain the refund.
Automobile Sales Finance Act
The ASFA requires itemization and truthful disclosure of each charge which is
included in the amount financed, and, various other disclosures.
If the dealer fails to comply with the requirements of the Act, the buyer may
rescind the contract of sale and sue to enforce the rescission. If the court finds
that the rescission was justified, the seller must refund all money paid on the
transaction and pay the reasonable attorney's fees and costs required to obtain
|If you are the victim of a dishonest motor vehicle
dealer, or, have purchased a non-conforming item
call, write, fax or e-mail me today!
Motor Vehicle Sales/Leasing Claims
Breach of Warranty ("Lemon Law") Claims
While many dealers are honest, some are not. California
provides protection to consumers who have purchased or leased a
vehicle from a dishonest dealer. In many cases, the contract is
unenforceable and the consumer is entitled to return the vehicle
for a full refund.
Lemon Law (Song-Beverly Warranty Act)
The Lemon Law applies to many items, including cars, computers and other
household goods. It requires that, where a warranty is given as an inducement
to purchase an item, the item must conform to the warranty. With some
exceptions, the manufacturer must be provided with an opportunity to make
any repairs which would, within a reasonable time, bring the item into
conformity with the warranty. If, after this opportunity, the item still does not
comply with the warranty, the manufacturer must repurchase the item.
If the manufacturer refuses to repurchase the item and the court finds that the
item does not conform to the warranty, the manufacturer must refund all money
paid on the transaction and pay the reasonable attorney's fees and costs required
to obtain the refund.
Any product which comes with a warranty comes with the
manufacturer's representation that it will perform to the specified
level for the specified period of time. If it does not, it is dubbed a
"lemon" and the consumer may return it to the manufacturer for