One of the most common questions California vehicle owners ask is if car repair labor is taxable in this state. Often many people will get confused because assembly labor is taxable in California. Yet, according to this state’s laws, installation and repair labor on vehicles is not taxable. In our article, we’re going to discuss this topic more in-depth.
If you believe that you have paid labor taxes for car repair in California when you shouldn’t have, you should consider speaking to a California Lemon Law attorney from the LemonLaw123 law firm. We have experience dealing with cases like these and can help you determine if you have paid labor taxes on car repair when you shouldn’t have.
There are many types of labor taxes you could be charged when repairing your car. For example, in California and many other US states, fabrication labor is considered taxable labor. Additionally, if you add a component to your vehicle during a repair that would increase its value, that labor could be considered taxable. Moreover, manufacturing labor on your car repair project could be considered taxable if you altered, cut, or resized your car in any way.
As we mentioned previously, California does charge taxes on assembly labor but usually not on car repair or service labor. Yet there are certain taxable labor charges, and these charges must be listed on your invoices.
It will also be helpful to note that repair labor is classified as work that has to be performed on a car to repair or restore it to its intended use. Unfortunately, installation and assembly labor can be difficult to distinguish from one another, so it’s often best to consult a lawyer.
Now that you know that labor repair charges are usually not taxable in California, you’re likely wondering if other specialty car repairs are taxable. Below we have briefly listed a few of the specialty car repairs you could choose to get done and whether they are taxable or not.
If you have had your vehicle in for repairs and feel that the auto shop charged you taxes on repair items that are non-taxable, you should speak with a lemon law California attorney. You deserve legal representation if you have been wronged, which is why the LemonLaw123 law firm wants to help you. So contact us, and we will arrange an obligation-free consultation.
Every year Consumer Reports rate consumer automobiles according to their reliability. Japanese-made cars continue to dominate the ratings (8 of the top 10). The top-rated American-made car might surprise you—Buick. Your best chance at avoiding buying a lemon and later needing a lemon law attorney is to buy a highly-rated vehicle. Research and then go shop as an informed buyer so you can avoid the troubles and stress that come with a lemon.
Consumer Reports, a non-profit agency, provides a reliability score for each manufacturer they test. Here are the most recent results for overall trustworthiness of car companies:
Interestingly enough, Consumer Reports does not test the newest models released by each manufacturer themselves. Instead, these ratings are compiled based on surveys sent in by people who have paid for Consumer Reports memberships. The survey asks about problems they have had with any new cars they may have purchased.
This creates some skewed data. How many Consumer Reports members bought brand new Mitsubishis, Lamborghinis, Cadillacs, Saabs, Rolls Royces, Alfa Romeos, Pontiacs, Bentleys, Fiats, Jaguars, Polestars, Land Rovers, Lotuses, Smarts, Maseratis, and Mercuries last year? You’ll notice none of these auto manufacturers are listed in the report. Certainly, American consumers would like to know how the #11 most popular car brand, Cadillac, is rated.
Furthermore, it seems likely that Consumer Reports subscribers are going to be picky shoppers who do their research (meaning fewer purchases of non-top-rated cars). It also follows that buyers who’ve done careful research before purchasing a new car may want to defend their purchases as a matter of pride by reporting fewer problems with their Consumer-Reports-backed purchases. Consumer Reports states, “For a brand to be ranked, we must have sufficient survey data for two or more models.” The end result is that only about half of the manufacturers represented by American consumers are actually reviewed and rated.
There are a few findings of interest in this year’s results:
Are you stuck with a new car that continues to experience the same defect over and over after multiple repairs? Contact “the Lemon Law lady” today for a free case review!
It’s important to understand that there is a federal lemon law. So, yes, different states have different lemon laws, but the federal statute remains. The term “lemon law” is actually a blanket term referring to a variety of different defective vehicle and warranty enforcement statutes. So, yes, it is true that California’s “lemon laws” only apply to vehicles purchased in retail stores in our state. However, the Magnuson-Moss Warranty Act (commonly referred to as the “federal lemon law”) is in place just for such occasions.
If the RV you purchased came with any sort of written warranty from the dealer or from the manufacturer, it does not matter what state you bought it in. The Magnuson-Moss Warranty Act, passed in 1975, applies to any and all warranties for consumer goods (vehicles or not). This federal statute requires manufacturers to repair their defective products that are under warranty. The law also requires the manufacturer to give you a full refund if the defect can not be repaired in a few attempts (this process is referred to as a “buy-back”). The federal lemon law also says that you have the right to have your legal fees fully reimbursed by the manufacturer as well.
In the Golden State, an RV is broadly defined as a vehicle designed to be inhabited by humans for recreational, emergency, or other occupancy. “Inhabiting” refers to using the vehicle as a dwelling. California considers all of the following to be RVs:
The California Commercial Code gives RV buyers the right to revoke their acceptance of a faulty vehicle. This acceptance can be revoked on an RV purchased in a retail store in-state if the defect substantially impairs the RVs value or if the buyer received the RV under the assumption that a known defect had been repaired satisfactorily. This particular law also requires that the buyer notifies the seller or manufacturer of their refusal to accept the RV in a “reasonable amount of time.” California also has the Tanner Consumer Protection Act and the Song-Beverly Consumer Warranty-Act. This group of statutes says that only the “vehicle” aspects of the RV are covered (so brakes and muffler, yes; curtains and toilet paper holder, no).
Before contacting a California RV lemon law attorney, here are a few things to consider. If any of these bullet points apply to your situation, you would not qualify under the California lemon law:
At LemonLaw123.com, we can review your RV lemon law case for free. With our high rate of success fighting the lemon law in California and the fact that the law requires that the RV manufacturer or dealer pays your legal bills if we win, you have nothing to lose. Chat with one of our California RV lemon law attorneys today!
Sometimes, under certain conditions, a used California vehicle can be covered by the lemon law. Specifically, California Civil Code 1793.33 says that most vehicles in California that are still under the manufacturer’s original warranty, new or used, are covered by the lemon law.
To discuss your specific situation and vehicle, consult with a Lemon Law attorney right away.
If the used vehicle you purchased is no longer covered by the original manufacturer’s warranty, your car may still qualify as a lemon if the dealer you purchased it from included their own warranty (usually a 30, 60, or 90-day warranty, if anything). The warranty must be in writing.
In California, a used car that was purchased in a private party sale is not covered by the lemon law – even if the car only has 100 miles on it. California’s lemon law states that qualifying vehicles must be purchased retail. Sometimes a manufacturer’s original warranty won’t even apply in these cases. For instance, Kia’s warranty states that subsequent owners do not receive extended powertrain coverage, but any and all owners are protected by the original factory warranty.
Just because there was a sign in the car window saying “Sold As-Is” does not necessarily mean that it is not still covered by or eligible for the manufacturer’s original warranty. In that case, “as is” simply means the dealer is not going to modify the vehicle for you during the sale process (i.e., repaint it, add a spoiler, change the radio). Modifications to the vehicle of this nature might be negotiable, but the dealer is not saying a buyer should expect a purchased vehicle to be delivered in any sort of “upgraded” way.
The state of California does not extend lemon law coverage to:
There are other remedies available if you are looking at a breach of warranty issue, but your car is not necessarily going to be covered by the lemon law. If the extended warranty provider has repeatedly fixed the same issue on your used car, and it keeps being defective, the warranty should cover you. To be clear, though, only defects covered by a manufacturer’s original warranty (or a dealership warranty) qualify under the lemon law.
If you are not sure whether a used vehicle you purchased qualifies under the California lemon law, LemonLaw123 offers free case reviews. We are happy to look over your car’s documentation and let you know if you have a case or not. If you would like a free case review by a lemon law attorney, simply contact us today and provide the required information.
When dealing with purchasing a motorcycle, it is always good to know what brands deliver quality bikes that are well manufactured to be safe. Also, keep an eye out for motorcycle brands that have high incidents of defects and recalls to avoid this type of hassle.
Common motorcycle manufacturing defects include defects in the engine, brakes, fuel tank, and handlebars. Such defects can make riding your motorcycle dangerous and can require ongoing repairs, which might not be successful. If this happens, you might have a lemon motorcycle, and you should speak with a Lemon Law attorney who handles motorcycle claims right away.
The brands that commonly have defects are reviewed below. This does not mean you should always avoid these brands of motorcycles, as many models work as they should. Just beware that these might develop issues or be subject to recalls and repairs.
One brand to be wary of is Yamaha Motorcycles, as it has had the most motorcycle recalls of any brand over the past decade, with 49 different recalls. Next on the list is BMW, with 44 recalls over the past decade. Third on the list of brands most prone to producing defective motorcycles is Kawasaki motorcycles, which had 37 recalls in the last decade. Coming in fourth on the list is Honda, with 33 recalls last decade. The biggest recall of them involved 10,600 bikes.
This rounds out the top four most defect-prone motorcycle brands, and if you are looking to purchase from one of these brands, you should be wary that the potential for defects or recalls is higher from these brands than others.
Given these most defect-prone motorcycle brands also constitute a substantial part of the motorcycle market and produce more bikes than others, it is not surprising that the larger producers would have more recalls.
The top three companies for the least recalls in the past decade include:
These companies have a smaller share of the motorcycle market relative to total sales. The smaller number of recalls by these companies could be attributed to fewer chances for defects, given the lower production numbers. These brands can still have defects and can still be lemons.
At LemonLaw123, we work with motorcycle owners who spend most of their time with their bikes in the repair shop. You deserve to get the most out of your motorcycle purchase, and you should not have to deal with constant malfunctions while your motorcycle is under warranty. It might be time to consult with our legal team about a possible Lemon Law claim.
We can evaluate your motorcycle repair history and other circumstances and advise you of your rights under California consumer protection laws. Contact LemonLaw123 either online at lemonlaw123.com, or by phone at 657.529.5239 for a free consultation as soon as possible.
If you have a pre-owned car that has a persistent problem that no one can seem to fix, the good news is that California’s Lemon Law can apply to used vehicles. However, you must meet certain requirements to have rights under the Lemon Laws, and these guidelines are not as clear as they are with a new car. You should not wait to discuss possible legal action with a Lemon Law attorney.
In recent years, California has amended its laws to require that used car dealers at least offer a warranty for 30 days or 1000 miles. The warranty must cover the vehicle’s essential components. Some used dealers might offer better warranties, especially for certified pre-owned cars. In either situation, however, you have a warranty for the purposes of Lemon Laws.
From there, you must meet the following criteria to qualify for a possible Lemon Law claim:
These criteria might seem fairly straightforward, but determining whether you have undergone a “reasonable” amount of repair attempts can be difficult. In addition, calculating the amount you are owed if you have a lemon is more challenging with a used vehicle than with a new car purchase. You want an experienced lawyer fighting for the full amount you should get for your used lemon.
If you believe you might have purchased a used lemon, most importantly, you should keep all of your records. Every trip to the repair shop, the bills, the time spent waiting, or the time spent without your vehicle should all be clearly documented. The mechanic should document all their work on your vehicle in an attempt to fix the defect.
Then, you should talk to a Lemon Law attorney about your situation. Your attorney can draft a letter to the vehicle manufacturer that documents the issues you are experiencing. This letter should include specific information and details, and you want a legal professional handling this for you.
Your attorney should then advise you on the next steps in your Lemon Law claim, including how much you might expect to receive to replace your lemon. These are complex laws, and car manufacturers often fight hard against Lemon Law claims, especially when they involve a used car. Having the right legal help can mean the difference between ample compensation and getting stuck with a lemon.
If you have a used car with persistent issues and you are wondering about your rights under consumer protection laws, do not wait to consult with our team at LemonLaw123. We handle all types of vehicle lemon claims, so please contact us to get relief today.
If you have a defective vehicle that you leased or purchased and it still qualifies under the initial manufacturer warranty, you might have important rights under California’s lemon law. These rights can include having your vehicle replaced or repurchased by the dealer.
However, you need to take certain steps to meet lemon law requirements, and you want the right lemon law attorney handling your claim.
California lemon law requires a car owner to attempt repairs at a representative of the manufacturer, which is often the dealer. Make sure you are always clear that you are returning for the same issue that was not properly fixed the last time. Keep all records of repair attempts by the dealer.
The dealer must get a reasonable number of tries to properly repair the car under its warranty. This often involves at least two or three visits or a visit when the dealer keeps your car for 30 days or longer. Consulting with a lemon lawyer can help you know whether the dealer has had “reasonable attempts” at repairs without success.
If the dealer still cannot fix your car, gather records, including all repair attempts, your lease or purchase agreements, your warranty information, and more. Having these documents organized can help an attorney properly evaluate your rights.
Manufacturers regularly fight lemon law claims, and consumers might be stuck with their lemons if they do not have the right legal help. You want to consult with a lawyer who handles this type of claim so they can file a complaint on your behalf. Unlike other car-related claims, you do not have to first make demands of the manufacturer directly before filing a complaint in civil court. The complaint must show that you meet the requirements for a claim under the law, as well as provide evidence to support your claim.
A manufacturer might make you an offer of compensation or vehicle replacement once they receive your complaint. You do not have to accept this first offer, and you should discuss whether the offer is acceptable with your attorney. Your lawyer can always negotiate with the manufacturer for a better offer.
If you receive an offer that is acceptable to you, your attorney can accept it on your behalf. You will then sign a settlement agreement that provides you with the replacement or repurchase of your vehicle, as well as any additional compensation you deserve. In exchange, you drop your claim against the manufacturer.
If your case does not settle, your attorney can handle every step of the litigation process, including representing you at trial if needed.
If you have a lemon and believe you have a case under California law, reach out to LemonLaw123 as soon as possible. We handle many types of lemon law claims, including cars, RVs, and motorcycles. Contact us for more information today.
A lemon law buyback is sort of in the same category as buying something “open box,” a manufacturer-refurbished laptop, or a car with a salvaged title. Just like open boxes, refurbished items, and salvaged titles must be disclosed to consumers, you can generally spot a lemon law buyback on a CarFax report pretty easily. If, after the original vehicle purchase, you see that the manufacturer became the owner of the vehicle, you’re most likely dealing with a lemon buyback. Contact the California DMV to verify.
You’ve definitely known people with lemon complaints (maybe even you), but just how many lemons are out there?
In addition to becoming the legal owner on the chain of title, the manufacturer must request from the state of California that the title be marked “lemon law buyback,” much like salvaged title vehicles must also be clearly labeled. Furthermore, the manufacturer must also place a sticker in the driver’s side door frame reading “Lemon Law Buyback.” When a buyer agrees to purchase one of these discounted vehicles, they must be presented with a regular-size piece of paper (nothing long form) that includes:
It is important to note that CarFax frequently lists lemon law buybacks as with in-direct, anti-consumer language like “manufacturer re-purchase.” It is also not uncommon for CarFax to not “catch” a lemon. The best way to ID a lemon law buyback, again, is if you see the manufacturer as an owner on title after the first buyer.
Did you buy a car that was not labeled as a lemon but shows the manufacturer as the last owner? Did you discover the car you purchased was a lemon law buyback after the transaction was completed? Contact LemonLaw123.com for assistance today.
The lemon law process is very similar state-to-state since one of the most used lemon laws is a federal statute called the Magnuson–Moss Warranty Act. Let’s examine a typical journey from car purchase to lemon buyback.
Regardless of the kind of new vehicle you purchase, there is a manufacturer’s warranty that comes with the purchase. For example, Kia’s manufacturer warranty covers the vehicle up to 60,000 miles.
You’re shutting the car’s back hatch one day. It appears to be closed, but the “open door” light on your dashboard says otherwise. What if the hatch pops open while you’re driving, even though it is staying down by itself right now? Stressed out, you make it over to the dealership. They look at your car and say it was a problem with the “open door” light, which they have manually turned off.
In a lemon law case, it is crucial that you save all of your service records and that you have the car serviced by the warranty-authorized mechanic or technician.
You assume that you must not have shut the back hatch all the way, and you pull over when you see the “open door” light pop on again and get out to re-shut it. That “open door” light is still on. You take the car back to the dealership.
This time a different mechanic at the dealership says this was actually not caused by a faulty light. The hatch is actually not shutting. He uses the rear windshield wiper as a handle and pulls the seemingly shut hatch open. He will recalibrate the correct angle of the locking mechanism and that should fix it for good.
You go out to the car in the morning, ready to head to work. You realize the battery is dead from the trunk light staying on all night because, yes, the car did not register the hatch as being shut again. You bring the car back to the dealer for the third time. The mechanic tells you the locking mechanisms are tricky to calibrate just right and that sometimes it can take a few attempts. He repairs the mechanism again, but you now live in constant fear of the car being stolen because you never know if it’s 100% locked or if the hatch will fly open on the freeway.
As you are reaching out to LemonLaw123.com, the “open door” light comes back on. The lawyer asks you to provide these documents in order to review your case for free:
Your new car is now permanently parked in the garage, and you are stuck carpooling, Ubering, and borrowing your husband’s truck. Your lemon law attorney tells you that you have a case, and she sends a letter to the manufacturer with the details of your situation.
The law requires that you must have the same car problem fixed about 2-4 times before it becomes a “lemon.” Check—you qualify. The manufacturer responds and offers to swap your car for another one of the same make and model. Your lawyer responds “no” and continues to pressure them for a full buyback and to reimburse your Uber fees.
From reaching a settlement agreement to actually being relieved of the lemon takes time. The bureaucratic “wheels” of car manufacturer lemon buybacks turn slowly.
You receive a full refund for the lemon (plus Uber fees), which is now off your property and out of your hair. Car shopping begins again.
Need a California Lemon Law Attorney?
If you are somewhere around Day 27 of this journey, then it’s time to reach out to us for a free case review. Remember to submit all necessary documents. We’ll be in touch soon.
Below are some of the common steps in a typical lemon law case, generally speaking. How long will all of these steps take? This varies greatly depending on a number of factors.
You can be covered under state lemon laws if your car catches on fire or some other one-time catastrophe. However, in most cases, the first step will be getting your car serviced at the dealer. The lemon law is – at its heart – consumer warranty protection. This means repairs you do yourself or at your friend’s repair shop don’t count, unfortunately. You must have the problem fixed at the official warranty repair shop. This is crucial.
For the lemon law to apply, you must have the same problem repaired at least three times (sometimes more). Go to an authorized repair shop each time and hold on to all of your receipts and documentation. If applicable, start thinking about recording videos of, for example, the car stalling, or taking pictures of the paint as the bubbling continues to worsen.
If the issue has been worked on three different times and it is still defective or malfunctioning, now it’s time to contact a lemon law attorney.
Most lemon law attorneys will ask you to submit your car’s details via a contact form or email, but you can also call and provide this information. If the lawyer agrees to take your case, you’ll provide the necessary documents to your legal team. The documents your lawyer will need include: the bill of sale, service records, the written warranty. Remember to ask about the fee agreement and always sign a contract to avoid surprises.
The next step generally will be for your attorney to send a letter to the car manufacturer outlining your case and stating your demands (Do you want a refund? Do you want a replacement vehicle?). Sending the letter out may take a few days. Most car companies will take a month or two to reply.
If the manufacturer agrees to the initial demands in your lawyer’s letter, it can still take up to 3 months to actually get the lemon off your hands. However, most likely, the manufacturer will, like an insurance settlement, make a counter-offer or deny the claim altogether.
If the car company denies your claim, your lawyer will then move from trying to settle out of court to fighting in court. Timelines for lemon law lawsuits vary based on many factors.
Finally, you’ll get rid of the lemon! This can mean a full buyback in which you can take your cash elsewhere to get a different car, or you can ask for an exchange from the dealer. Regardless of the terms you negotiated, you are now free of the burden of a defective car.
Get Started Now – California Lemon Law Help The average lemon law buyback in California takes up to six months from start to finish. While this probably isn’t the answer you were hoping for, it is better than buying stuck with a defective, potentially unsafe car with no recourse. If your car is a 2017 or newer and still under the manufacturer’s warranty, get a free lemon law evaluation from an experienced California attorney now.