Solar-panel salespeople who rip off older people and families trying to make ends meet have joined dishonest timeshare salespeople in my book of some of the worst crooks on the planet.

Let me be clear: Rooftop solar technology is great. It works, but when it breaks down, hundreds of thousands of owners across the country can’t obtain service because of dealer bankruptcies.

This should be seen as a warning: If you are seriously considering buying or leasing solar panels, now very likely might not be a good time to pursue installing a system.

Perhaps in a few years, the solar industry will have cleaned up its act and make sound financial sense, but I don’t think so today.

Beginning in 2023, I started receiving about two to five calls each week from folks who were unable to obtain dealer service on their rooftop solar system.

Sometimes they believed they were intentionally ignored, but increasingly, as dealers have filed for bankruptcy, their customers had nowhere else to turn.

But the number of calls I got was nothing in comparison to what Southern California attorney Kevin Kneupper and his associates around the country receive.

“We get between 50 and 100 calls a week on solar,” he said. “Every time there’s a bankruptcy, a stack of phone messages and emails appears from frustrated, angry people who have systems that haven’t worked for months, and they can’t obtain service.”

Kneupper’s consumer protection law firm is one of the few that have concentrated on this explosive financial tragedy that stands as a powerful warning.

“From what we are seeing every day,” he said, “this is not the right time for such a purchase. Today, in good conscience, I could not advise a friend to get into solar.”

From boom to bust

For years, they were financial stars. Today, solar companies are going out of business at a frightening rate — more than 100 this year alone, Complete Solar Solutions estimates, which also notes on its website: “According to the California Solar & Storage Association, the ripple effects are staggering: Tens of thousands of delayed installations, more than 17,000 jobs lost and a surge in bankruptcies across the industry.”

Kneupper pointed out, “Solar’s explosive growth was not based on sound business principles, but on government incentives, tax credits and low interest rates. When those things were taken away, castles built on sand collapsed. And let’s not forget criminal behavior.”

In that, he includes:

• Predatory financing

• False claims of “free solar panel systems”

• Exaggerated energy savings and claims that rooftop solar panels are an investment that will increase the value of a home

• High-pressure sales tactics, such as tricking people into signing a contract

• Subpar installations, failure to complete projects, negligent maintenance service

• Refusal to honor warranties

• Making sales to older people despite knowing they have dementia

• Conducting a sale in Spanish but presenting a contract in English

• Gross misrepresentations and omissions regarding potential tax credits and benefits

Hanford, Calif., tax preparer MaryBeth Jones said taxpayers who have acquired a solar panel system often come into her office “wanting to know about federal and state tax benefits. Regularly, the tax information given to them by the salesperson is completely wrong.”

Promises vs reality

Many homeowners who leased solar panel systems were told that the value of their home would increase with the addition of solar and that maintenance would be provided by the dealer for the life of the system. They were also told that selling a property with leased solar panels would be no problem.

As Kneupper observed, reality is something else: “Leasing a solar system, contrary to sales representations, typically winds up costing the home seller thousands of dollars. This is because many buyers may not want to continue the current lease agreement or deal with the expense and repairs needed to remove the panels.

“Just ask any real estate agent about deals that fell through with homes that had a leased solar system. Add to that the grief of what happens when the dealer goes out of business and maintenance comes to a sudden stop.”

The FTC’s Holder Rule to the rescue

Let’s say you have a non-functioning system that included maintenance and repairs, but the dealer has gone out of business. Your contract was sold to a finance company or debt buyer, who picked it up for pennies on the dollar in the bankruptcy, and they demand payment from you but are not offering to provide the promised warranty service.

So, you tell them, “I’m not paying unless you provide me with the promised service on my system.”

Kneupper has these warnings and recommendations:

Speak with an attorney who handles solar matters, or if you are unable to locate such a lawyer in your area, then try a debt collection defense attorney who can stop aggressive or illegal debt collection activities. Discuss your options.

• A lien might have been filed against your property, and one of these companies may try to foreclose — you could lose your home — so this makes getting a lawyer involved immediately absolutely critical.

• Become familiar with the Federal Trade Commission Holder Rule, which makes lenders and debt buyers subject to all claims and defenses the consumer could bring against the seller.

So, if your solar panel installer goes out of business and doesn’t honor the warranty, you can bring a breach-of-contract claim against the lender that financed the purchase or the company that bought the debt.

If you file a claim under the Holder Rule, you may be entitled to:

• A full refund of any payments made on the loan

• Cancellation of the remaining loan balance

• Compensation for your attorney’s fees

Not necessarily a slam-dunk

Kneupper cautions, “Because of the devious ways some contracts have been written, on occasion it is virtually impossible to find a lawyer to take your case. Ideally, if a lawyer does accept your case, it will be on a contingent fee basis, where the attorney is paid only if he wins.”

Finally, let’s say that you really want to get solar panels now. Is there a way to vet the survivability of a company you’re considering working with?

Not that I know of. And that’s the problem — there is no way to know if the company you deal with will be around tomorrow.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post The Truth About the Dark Side of Rooftop Solar Panels appeared first on Dennis Beaver.

If you are about to buy a major appliance from Lowe’s or Home Depot, you might want to read this story first and take a moment to consider how angry, frustrated and upset you would feel if what happened to Southern California resident Bill Bright happened to you.

Based on what Bright has told me about his experience (backed up by receipts and emails), it appears Lowe’s, the nation’s largest appliance seller, doesn’t have its customers’ best interests in mind when the major appliances it sells fail within days after delivery.

Here’s the question that many shoppers never think to ask before purchasing a major appliance: What’s the return window?

What would you consider fair? What’s reasonable in view of the well-known fact that some appliances have latent defects that are not immediately apparent? A month? Two months? Or maybe even three months, which is Costco’s return policy?

Lowe’s slashed the return window for major appliances

While this is not a new policy for Lowe’s, it’s new to me, and customer Bright was not aware of it when he bought his fridge. In 2022, the home improvement chain cut its return window from 30 days to 48 hours for virtually all major appliances.

Check it out in bold print on the Lowe’s website. The clock begins running at the time of delivery or store pickup.

Lowe’s is not alone: Home Depot has the same policy, as do some regional appliance dealers.

Why would retailers do this, especially major ones like Lowe’s and Home Depot?

According to the April 8, 2022, edition of the appliance trade publication YourSource News: “According to sources, the new policies were initiated to help (Lowe’s) increase margin on its white-goods assortment.”

Other comments online, such as on a Reddit post, suggest one reason for the policy is that retailers are trying to block customers from using new appliances as rentals and then returning them weeks later. Which, of course, is not fair to the retailers, but the majority of customers are not doing that.

So under this 48-hour return policy, if you have an issue with your new appliance, you, the customer, must deal with sometimes frustrating service people sent by the manufacturer, because large retail chains have decided they don’t have to help customers who were unlucky enough to purchase a defective appliance from them.

That’s exactly what Bright experienced.

As an aside, while Lowe’s is not alone in implementing this policy, it doesn’t seem consistent with CEO Marvin Ellison’s “helping hands” philosophy.

According to reporting by Glenn Burkins, publisher of the Charlotte-based QCity Metro, Ellison said at a January 2025 Charlotte event, “Growing up in rural Tennessee, when your neighbor needed something, you helped them out. You couldn’t live well (when) your neighbor didn’t. That was something that was unconscionable where I grew up.”

It is clear that Ellison understands the difference between what is conscionable — just, moral, fair — and the opposite — unfair, not helping your paying customers, placing profits over people.

If Ellison practiced what he preaches and saw to it that Lowe’s treated its customers in a conscionable way, you would not be reading this article.

But back to Bright’s frustrating story.

Brand-new refrigerator failed, followed by weeks of hassle (and no fridge)

Bright’s nightmare began when his new Frigidaire side-by-side refrigerator was delivered on March 12. He allowed 24 hours for the fridge to reach operating temperature before food was placed in it.

“On Saturday, March 15,” Bright told me, “I found water on the floor, and the freezer was completely defrosted. I was unable to reach anyone at Lowe’s, but computer automation referred me to Frigidaire.

“On Monday, I called Frigidaire again, asked about getting the fridge repaired or exchanged. I was told that Lowe’s would not to take the refrigerator back as it had been more than 48 hours from the date of installation.”

Thus began his adventure, including Lowe’s corporate office refusing all help because of the 48-hour return policy for major appliances.

Bright said that over a period of more than two months, 15 different repair technicians were sent to his home by Electrolux, the maker of Frigidaire products. They changed part after part, but Bright still did not have a functioning refrigerator.

He would have been spared the hassle and expense of having to eat out if Lowe’s had simply refunded his money or swapped refrigerators, as it had done for years before 2022. Electrolux also could have helped Bright out by replacing the fridge when it became obvious it was defective.

Finally, Lowe’s comes through

In late May, a technician “condemned” the refrigerator, but Bright was once again put through delay after delay in receiving a promised refund from Lowe’s.

He said the store continued to treat him poorly, offering far less than the full cost of the refrigerator.

I got involved, in effect telling Lowe’s that their offer was an insult, and they finally agreed to a full refund.

Bill then bought a Whirlpool refrigerator from Costco, which, as mentioned before, has a return policy of 90 days.

“What upset me the most,” Bright said, “was Frigidaire acting as if nothing was wrong. I was without a fridge for 94 days.”

I reached out to Lowe’s to get an interview on this subject, and with CEO Ellison, but have yet to get a response. This article will, of course, be updated if and when the company does respond.

What can potential appliance buyers do to protect themselves?

First, always ask about a store’s return policy on the specific appliance you’re purchasing. You can also research a retailer’s policy online — most display it on their website.

Second, just because a return policy for a new major appliance is 48 hours doesn’t mean that a court will accept that as reasonable.

Forty-eight hours is clearly not reasonable and could be declared unconscionable. Under the Uniform Commercial Code (UCC) § 2-302, courts may refuse to enforce unconscionable contracts or clauses.

A customer could pursue a case in small claims court alleging that the refund clause was unconscionable and violated the UCC. Generally, retaining an attorney to do this wouldn’t be necessary.

AI chatbots such as ChatGPT, Google Gemini or Microsoft Copilot, can provide a great deal of useful information on this subject, which, if you were to take an appliance seller to court, could help in a big way.

If you do, please let me know the outcome.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Bill Bought a Fridge, and Then His Nightmare Began appeared first on Dennis Beaver.

A few hours after Betty-Ann, 85, one of my readers in Louisville, took her 2020 luxury car to the dealer because the brakes were loudly squeaking, a service writer (aka a service adviser) phoned and said, “We fixed the problem under your factory extended warranty by replacing all the brake pads. But the car still squeals when you come to a stop. We can eliminate that noise, but it will cost you around $1,500 for new rotors.”

This is like being told, “Yeah, we patched your flat tire, but it still won’t hold air.”

I’ll bet you would go slightly nuts if a repair shop said that.

Betty-Ann called our office, very upset.

“I’ve been reading your column in Kiplinger for years and thought you would find my situation worthy of looking into,” she said. “This is crazy! I paid $4,000 for the manufacturer’s extended warranty that listed the car’s braking system and all components. How can they tell a 30-year customer that my car will sound like a family of mice unless I am out of pocket for something I already paid for?”

First, what are rotors?

Brake rotors are circular metal discs that brake pads clamp on to, slowing the vehicle when you press the brake pedal.

Several brake shop owners and technicians I spoke with told me that rotors wear out, and not replacing them when new brake pads are installed is false economy, leading to uneven brake pad wear, reducing stopping power and causing a longer stopping distance, vibration, shaking and, most often, brake noise, such as squealing.

Going to the heart of Betty-Ann’s problem, one shop owner said, “At one time in most brake shops and dealerships, the standard of care was to always replace rotors, but auto manufacturers cut corners and try to avoid paying warranty claims whenever possible, arguing that the rotors need to be worn beyond a certain percentage before being covered under warranty.”

Similar auto warranty issues more common today

We can thank the COVID pandemic for issues like these affecting automobile owners across the country, because of something many of us did much less of when we were staying home — drive.

According to AAA, there was over a 40% reduction of people driving then, which resulted in thousands of low-mileage cars having expired original warranties. Betty-Ann bought her high-end coupe in 2019, and it had only 30,000 miles in 2023.

Since she planned to keep it, she wanted the assurance of a factory-issued extended warranty “and bought the longest time and best coverage they offered,” she explained.

Betty-Ann holds her ground

If “60 is the new 40,” then Betty-Ann’s 85 is the new 65. This sharp and gutsy woman told me, “When it was obvious to the service writer that I was upset, he assured me that, depending on how much I drive, within a few months to a year the rotors would be worn down sufficiently so the factory would authorize replacement.

“He did not say that driving with bad rotors wasn’t good at all for my car’s braking system. In fact, he said that, beyond the squeak, there was no problem. I told him this was unacceptable and that I would be speaking with a syndicated legal affairs writer — you. Then he hung up!”

You want us to pay for it?

I phoned the service manager at the dealership — with Betty-Ann on the line to authorize our discussion — and asked him to explain why they won’t stop the squeak without her paying $1,500 out of pocket. He repeated the same nonsense she was told, this time adding, “Besides, the rotors are still working fine.”

“Now, tell me, how happy would your wife be driving around in a car that sounds like a menagerie each time she puts her foot on the brake pedal? There is a right way and a wrong way to do a brake job and to treat a faithful customer, and from what I see, you are failing at both.”

“Mr. Beaver, do you expect my service department to pay out of our own pocket $1,500 for rotors when the factory will not reimburse us?” he asked.

“Betty-Ann really needs your help,” I replied, “having been a faithful customer for many years, and your cost is not anywhere near that figure. But I have an idea. Why not put us on hold, brief the owner and ask him to speak with us? Reasonable people should be able to resolve this simple issue.”

He agreed, and after a five-minute wait, “Oscar,” the owner, came on the line, loaded for bear, as they say. “Are you threatening to write false things about us, Beaver?”

At this point, gutsy Betty-Ann spoke up: “Mr. Beaver never said anything like that. How dare you say such a thing? I have been your customer for over 30 years, and this is how you treat me? I babysat your children for years, or have you forgotten, Oscar?”

There was a long pause.

“Betty-Ann, I am so sorry. Your repairs will be completed tomorrow. With new rotors. There will be no additional charge. Thank you for all the years you cared for our kids.”

“I still love them,” Betty-Ann softly said, and I could hear the tears she was holding back.

Sometimes the people in charge need to be reminded of their humanity before they’ll do the right thing by their customers. For readers who don’t have the option of yanking on a supervisor’s heartstrings to get your issue fixed, here’s what you can do:

Ask to speak to a supervisor and try not to get angry or emotional.

Write an honest review on a site like Yelp — many companies keep an eye on their reviews and will try to resolve issues.

Consult with a lawyer.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post When Your Car Is Fixed, But You’ve Still Got the Problem appeared first on Dennis Beaver.

For anyone shopping for a major appliance –dishwasher, refrigerator or a washer/dryer –how would you answer these questions?

What should you expect from an appliance dealer when its service department has had multiple, failed attempts to repair an appliance still under the manufacturer’s warranty? Just how many bites at the apple should repair technicians have before that item is replaced or the customer offered a refund?

“We bought all our appliances from them for over 40 years.”

It was so sad being on the phone with 72-year-old “Sylvia,” who, with her now deceased husband, Bakersfield dentist, “Dr. B.” had been both friends and clients of our office for many years. He was from that generation of health care providers who placed the needs of patients first, money second, accepting whatever they could afford.

“We were loyal customers for over 40 years, buying all of our household appliances from Urner’s. We never even thought to shop anywhere else, and so, January, 2017, I bought a beautiful KitchenAid refrigerator, along with an extended warranty,” she explained.

Urner’s has been an institution in Bakersfield for almost a century, its name synonymous with “always been here, always will, has the most knowledgeable sales and service people anywhere, takes care of customers.”

Sylvia has good reason to no longer believe that, and she’s not alone.

New Fridge – 3 failed attempts under warranty to repair

Almost immediately after installation, her $2,500 refrigerator, “Forms a huge block of ice, wasn’t cooling properly, which led to Urner’s making three separate attempts to repair it during the one year factory warranty. But it was the same thing, repeatedly; they replaced a fan, some wires, drove off, and it iced-up again.

“Then I learned Urner’s had shut down their service department, so when the factory warranty expired, under my extended warranty, two separate, failed repair attempts were made by different technicians,” she related, in a trembling voice, adding:
“There is this big block of ice in it again and Urner’s is telling me to deal with the extended warranty company who couldn’t fix it after two tries.

“That’s why I called you, Dennis.”

So, I’m thinking, “Why didn’t Urner’s replace it after their own service people couldn’t fix the thing? What do they expect the lady to do after a year and a half? This is nuts. It’s more than nuts. How can you treat anyone this way?”

‘We replace after two failed repair attempts’

We phoned appliance dealers across the country, asking, “What would you do?”

About 3 percent were as heartless as Urner’s. But Rick Pommenville, California Regional Manager for Atlanta-based Aaron’s Inc. eloquently stated what I found to be the dominant attitude of the many highly-reviewed dealers we spoke with.

“If we can’t fix it by the second time, it is replaced, we take the old one back to our store and obtain a credit from the manufacturer. It isn’t that complicated, and where our tech, or a certified technician is called out and tells us this appliance won’t last, we will even replace it after just one repair attempt. That’s how you should treat your customers, especially the elderly,” he underscores.

‘Wednesday, Sept. 19: Where is your courage?’

With Sylvia on the line, I called Urner’s and spoke with Customer Service Representative “Mr.N.” These are the people who should help the customer, not wimp out. Soon it was clear this guy desperately needs testosterone injections, confirming all the failed repair attempts and had the nerve to say that her only remedy “Was to deal with the extended warranty company.”

“That’s not going to fly,” I replied. “Why didn’t you get on the phone with KitchenAid and insist on getting Sylvia a new refrigerator a year ago?”

Oh, I didn’t have their phone number, and besides, they want us to use email.

“Ever hear of Google? Why didn’t you at least try to get someone on the phone? She has been jerked around for almost two years. Where is your courage? Do you guys care about customers any longer? You need to either replace the fridge or give her a refund.”

Thursday morning – Sylvia phones:

“They want to come over, remove the KitchenAid and refund all of my money, but I told them this will result in spoiled food. I need a couple of days to get a new fridge.”

“Wow! Great! Tell them to coordinate picking up their fridge with the delivery of your new one. They won’t argue.” She did and they didn’t utter a peep.

Moral to our story

Today’s appliances are often failures waiting to happen. Find out in advanced what your retailer’s exchange/refund policy is on a lemon, and have them write it on your invoice. And get an extended warranty.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post The case of the unrepairable KitchenAid fridge appeared first on Dennis Beaver.

An attorney you have been referred to is aware that no provable, underlying reason to file that suit exists, yet states, “They aren’t going to want to spend money on defending it, and will pay us to go away.”

Just how much trouble could you be in if the defendant takes the case to trial and you lose? What impact can a baseless lawsuit have on your life?

Purchased 2011 Nissan Leaf from a pawn shop

In December of 2016 “Teddy” purchased an all-electric 2011 Nissan Leaf “as is” from a pawn shop for $6,000.

Asking no questions about the vehicle – you read correctly, no questions about the vehicle at all, none, zip, nada — Teddy used his debit card to make one cash payment and the car was delivered the next day to him in a Southern California city where summer temperatures can reach 115 degrees.

“When the Leaf arrived and I began to drive it, the power gauge revealed my battery to be very weak. I called the seller, explaining that something was wrong, but they told me the car was purchased with no warranty. That was when my nightmare started,” he told us.

You might be thinking, “Well, surely he did some research on the vehicle before buying it, right?” Wrong. For if Teddy had performed any kind of due diligence before saying goodbye to $6,000, he would have discovered that in 2013 Leaf batteries began to fail in hot climates and were replaced with one more heat tolerant. The car was also the subject of a major class action against Nissan.

He would have learned that, for a while, Nissan was offering owners a replacement battery and extended favorable pricing of a new, improved one for several years.

Had he taken the vehicle to a Nissan dealer to be inspected, he would also have been told that by 2016 it would cost him $8,000 to buy a new battery.

So why did he not? Famous last words: “The price was great!”

Looking for someone to blame, the legal insurance program offered by his employer referred him to attorney “Elliot.”

“We’ll sue for misrepresentation!”

In their first meeting, Elliott confirmed that his fees would be paid by the legal insurance and off to the races he went, soon billing $10,000, filing suit against the pawn shop in early 2017 and leaving Teddy with the impression that, even if the seller had made no misleading statements – and had no reason to know of the Leaf’s condition — they would settle instead of defending the baseless suit.

Then, the attorney had no further communication with Teddy who was referred to our office by his legal insurance, bringing “The only thing Elliot’s office had in my file – a copy of the five-page lawsuit.”

Searching his county’s Superior Court’s website, we found the suit, as well as the fact that his lawyer was fined by the court for refusing to appear at a Show Cause Hearing. He did not have the lawsuit served on the defendant and ignored a court order to do so. This guy’s online reviews should have scared Teddy away, but once again, he did no research.

“Teddy,” we asked, “How could you go along with this if you knew the seller did nothing wrong?” “I trusted the lawyer, thinking he knew more than me. I mean, he’s a lawyer, after all! I just wanted my money back.”

Lacking probable cause can lead to malicious prosecution

Before a lawsuit is filed, the person bringing it and their lawyer must have reasonable grounds –probable cause – to think it is legitimate and has a chance of winning. When you know that probable cause does not exist, this is Malicious Prosecution.

If a suit is filed in bad faith where your purpose is to extort money from the defendant, we call this Abuse of Process.

The consequences for Teddy could be serious if the matter went to court and he lost, as the pawn shop could recover their attorney fees from him.

Employment background check would discover the suit

“When the suit is discovered in an employment background check, any employer would question his lack of good judgment and apparent immaturity in failing to exercise due diligence before buying the vehicle,” Santa-Maria, California-based private investigator Riley Parker commented.

He concluded, “Teddy bought a pig in a poke, got into a mess and his solution is to sue somebody. Would you want someone like this working in your company?”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post A lawsuit filed without legal basis damages appeared first on Dennis Beaver.

 “Last year you had an excellent article about the Kirby Vacuum Cleaner company stepping in, cancelling the contract, arranging for a complete refund to a woman who suffered from a traumatic brain injury who should never have purchased it in the first place.

“In the story you praised the company for its swift action, mentioned that the Kirby had the best warranties in the industry and that owners will tell you they last forever. We recently had one demonstrated in our home, and are strongly considering a purchase. Your legal evaluation of its many warranties and opinion on value would be appreciated. Thanks, Jim and Susie, Sacramento readers.”

A company that earned my respect – sold through in-home demos

The Kirby Company earned my respect years ago when I was a Deputy District Attorney in charge of Consumer Fraud in Kern County. Owners who, without knowing, had purchased stolen machines from fly by-night vac shops would bring them into an authorized dealer, asking to be trained how to use the machine or for repair and were denied warranty coverage as the serial number had been removed, voiding the warranty.

My office won a restraining orders, steep fines for consumer fraud, and obtained refunds for customers, most of whom then immediately bought a Kirby from an authorized dealer.

The company refers to the Kirby as a Home Care System, and in preparation for this article, we went through a sales presentation by local distributor Fernando Gonzales who demonstrated the many remarkable things the machine can do and let us use it for a few days. It truly is an amazing device and if I asked nicely, I am sure it would get me out of bed and cook breakfast.

Has the best warranties in the business

Objectively, the Kirby has the best, most unique, and incredibly valuable warranties not offered by any other vacuum cleaner manufacturer, two of which are the Factory Rebuilding Plan, and Fire Plan.

As Halle Sminchak, Chief Compliance Officer with the Kirby Company explained, “Each registered purchaser of a new Kirby Home Care System bought from an independent, authorized distributor benefits from the Rebuilding Plan.

“At any time – the average is 15 – 20 years – your machine will be brought to as-new condition, and there is no limit to how often this can be done. The current price is $175.00 but can be increased based on the Consumer Price Index. We often find parents and grandparents having their Kirby rebuilt and then given as a wedding present,” she explained.

When it came to discuss the Fire Warranty, the tone of Ms. Sminchak’s voice softened, and conveyed a feeling of great empathy for fire victims. “For as long as you own your Kirby, within 90 days of the fire, by providing proof that it was damaged or destroyed, we will replace it with a new, current model for $175.00.”

Impressive cleaning ability

Prior to using the Kirby, our office carpet was professionally cleaned. “After it is completely dry, to see something that you will have trouble thinking possible, just put in a clean bag and vacuum your office,” Fernando suggested. “When finished, remove the bag, look inside and just see how much dirt was extracted.”

We did and could hardly believe our eyes, as so much dirt had come from a just shampooed carpet. “If anyone should ask about the importance of getting dirt out of carpet and furniture, the answer is simple, you extend their useful life that way, as dirt breaks down the fibers.” Sminchak told us.

A+ Better Business Bureau rating

In business over 100 years, the Kirby Company has an A+ Better Business Bureau rating, and that’s not something that you can buy. We recommend going to Kirby’s BBB site and reading comments from owners, positive and negative as well as response/action taken by the company. Of great interest are the many touching, positive statements from owners who rave about the product.

In reading “complaints” something jumps out, and that’s angry customer comments based on their own errors in an attempt to cancel a sale using the 3-Day Cooling Off period. You don’t do it by picking up the phone and telling the dealer to retrieve the machine. It must be done promptly and in writing. You do not wait two weeks and then shout “I’ve been mistreated.”

Our conclusions and recommendations

And what is our opinion as to the value of the Kirby Home Care System? As these things are bullet-proof, it’s the last vacuum cleaner our readers will ever need to buy again.

This column seldom makes buying recommendations, but Jim and Susie, you will be happy campers with your Kirby.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post A look at the Kirby Vacuum Cleaner warranties appeared first on Dennis Beaver.

Chances are that if you heard someone say “Bromic” you would think that it was a disease, as in “I had a really bad case of Bromic.” In fact, that’s precisely what Hanford readers Nick and Nanci Groenenberg wound up with, as you will see, dealt with in a completely inexcusable manner by one of Australia’s premier manufacturers of outdoor heating, The Bromic Group.

Their story begins three years ago in early February when the couple attended The World Ag Expo in Tulare. This international trade fair includes exhibits in a series of canvass pavilions–which are very large tents.

While strolling through one of these chilly pavilions, the couple suddenly felt a great deal heat coming from one exhibit. The source of the heat was the Bromic Tungsten Portable Infra-Red Radiant heater.

As infra-red heats people and objects, but not air, these types of heaters are commonly used for restaurant outdoor patio applications. Most on the market are mushroom shaped, not energy efficient and only have about a three foot radius of effective heating.

“But the Bromic unit was different from anything we had ever seen before,” Nick observed. “It stands seven feet tall, and its heat output provided a toasty 15 by 12 foot pattern of warmth. As we love to entertain on our covered patio, this heater seemed ideal for cool fall evenings.”

Purchased two units – One was a dud

The following year saw our Hanford couple again visiting the Ag Expo, finding the Bromic exhibit, taking measurements, confirming the 15 by 12 foot heated area and determining that two of these heaters – each one costing $1,500 – would be perfect for their patio.

“When they arrived, I assembled one, but we had to stand from 4 to 5 feet to feel any heat and it was making odd popping sounds. We contacted the Bromic office in Sacramento and they gave us various things to try, including measuring temperatures with an infrared thermometer.

“After many emails, phone calls and videos sent to them, their California salesman called me and said it was working properly, we were not supposed to feel heat 15 feet away as advertised, but 5 or 6 feet was the correct distance, and we could not return it. If we agreed to pay for shipping and accept a 25 percent restocking charge, they would take back the unopened unit.”

Repair the device? Nah, just buy more heaters

Anyone in their situation would feel let down, misled, and entitled to a complete refund, or at least someone coming out to fix the unit. That relatively logical step was not in the mind of Bromic’s Technical Support Representative Scott Comeaux who added insult to injury by emailing:

“If you are not experiencing enough heat, the only solution is to add more infrared heaters.”

That comment was the final straw for our readers. They sent us correspondence, purchase orders, comments from Bromic personnel, and we then emailed The Bromic Group, “Can you please help your California customers, and we would appreciate hearing from someone this week.”

We never did hear from Bromic Australia or Sacramento. Instead, our readers received an email, stating, “Beaver’s message was received in Australia. We will arrange to pick up your items at our expense and you will receive a full refund.”

Poor heat output verified – around and around we go

We spoke with Bromic dealers across the United States and Canada, confirming the device does provide heat which can be felt 15 feet away. Their advertising literature and videos state that as well. Had anyone heard of only 4 to 5 feet? No.

Also, we measured the heat output of our readers’ device. It was only about 4 feet, and there was this odd popping sound – so something was obviously wrong.

Just when everything seemed to be in order, in comes an email to the Hanford couple stating that they will have to pay for shipping! So, communication and follow-through isn’t Bromic’s strength. Upon hearing that, we turned up the heat on Bromic, phoning their headquarters in Sydney, Australia, got the right person on the line, and with that charming Aussie accent, were told, “Mate, we’ll fix it. Thanks for the call.”

And they did, indeed, our Hanford couple receiving a full refund to their credit card.

A terrible warranty

Most of us only read a warranty after making a purchase, but there is a good reason to know what is covered before reaching a buying decision, as some are plain lousy.

The Bromic warranty fits that definition, in our legal opinion, only providing: “Replacement parts. The owner is responsible for all other costs, including labor, shipping and delivery costs.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Is there such a thing as a “windproof” umbrella?

That’s what Los Angeles readers, the Harrisons, thought they had purchased before flying from LAX to Seattle on Oct. 13 for a class reunion.

The 13th would validate its bad-luck reputation, for in addition to seeing old friends, this family had a date with a storm, a really bad storm, fueled by remnants of typhoon Songda which blew through western Washington, Oregon and Northern California with damaging winds on Oct. 15.

“On our way to the airport, we bought five umbrellas at a luggage store in Santa Monica which were on a table with a sign that read ‘Umbrellas Close-out, As-Is, No Warranty All Sales Final.’ We paid with our Discover card.

“The sales clerk told us they were windproof up to 60 mph, and that he used one in near hurricane force winds last year and it didn’t turn inside-out,” Chuck Harrison explained.

On Oct. 15 the storm hit.

Leaving their hotel to meet friends, “A gust of wind came up, and all the umbrellas flipped inside out! We were drenched! So much for windproof!

“The wind speed at our location was nowhere near 60 mph. We really feel ripped off, and the luggage store has refused to give us a refund.” Harrison had these questions for us:

1. Does the as-is sale mean that we are out of luck getting our money back from the luggage shop?

2. What about the manufacturer, are they off the hook as well?

3. Will our credit card company help us in any way?

4. Is there such a thing as a “windproof” umbrella that can resist high winds, or is this just an advertising claim with no real substance?

In researching this story we discovered more wild, unsubstantiated claims for “windproof” umbrellas than UCLA Medical Center has white mice in cages. We spoke with one candid umbrella importer whose website cleverly advertises a “Resilient Heavy Duty Windproof Umbrella in severe winds up to 60+ MPH,” and then states, “The canopy is designed to deliberately turn inside out and not break.”

You read correctly. This umbrella is intended to flip inside-out!

Offering an item for sale “as-is” with no warranty is legal. But making what the law calls “material misrepresentations” to achieve a sale is not. That’s fraud. In theory — but it would consume one heck of a lot of time — our readers could sue the luggage store for a refund and punitive damages, in small claims court.

We caution that the only place a courtroom is enjoyable is when you are watching Judge Judy on TV. These are places to avoid your entire life, if possible.

The umbrella manufacturer or importer would potentially be responsible to replace, repair or refund the purchase unless it also had language along the lines of “as-is” disclaiming all warranties. Without seeing accompanying literature, we cannot say for sure.

By far the best bet for our readers is to notify Discovery to place the charge into “dispute.” It should be noted that the better credit card companies will help a cardholder who appears to have been taken for a ride, but some are more diligent than others.

Currently, J.D. Power ranks Discovery, American Express and Capital One as delivering the best customer service.
With a fascinating history going back over 3,000 years, it took science to develop umbrellas that truly are windproof up to about 60 mph, as we learned from New York-based Steve Asman, president of Gustbuster. Consumer Reports credits his company as manufacturing some of the highest rated, patented, “Unflippable” golf and personal umbrellas sold worldwide.

“Wind pressure rips most umbrellas apart,” Asman explained. “Typically, you are walking in the rain, rounding the corner of a large building, when a high speed gust of wind comes at you from an unexpected direction. The umbrella is pulled backwards, turning it inside out. With no place for that air to go, the umbrella’s structure fails.

“But a high quality, vented umbrella allows the air to pass through the canopy, at the same time keeping rain from coming through. It can’t be blown apart, as air passes easily through. My company and a handful of other quality manufacturers have these on the market. Of course, there’s more to a durable umbrella than just a vented design, but that is what your readers need to look for the next time they buy an umbrella,” he advised.

GustBuster has an extremely educational web site that we recommend. Just go www.GustBuster.com.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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January 30, 2016 • By Dennis Beaver

If you been taking your car in repeatedly for warranty service on a substantial problem — such as stalling, brakes, steering — and the dealer just can’t seem to repair it, chances are it is covered by the Lemon Law.

Last week we told you about Sarah, our Central California reader who, tearfully, contacted You and the Law after the dealer could not solve her SUV’s stalling problem. There was an additional, terribly sad dimension, as we learned from a family friend:

“The car was a gift from her husband, Joe. He wanted her to have dependable transportation, and proudly handed Sarah the keys. One week later he died of prostate cancer. Driving home from the cemetery the SUV stalled—the first of many unexplained–and unrepairable stalls. The service manager told her they had found a design defect in a specific part, and recommended that she contact the manufacturer to ask for a buy-back.”

Sarah did just that, but was instructed to take the SUV to a dealer in Visalia, “Who can fix it for sure.” “Should I?” she asked us. “Yes,” we advised, and discovered that she has done an excellent job of preserving her rights under the Lemon Law.

Los Angeles-based attorney Bob Brennan, is regarded as one of the top Lemon Law attorneys in the country. He reviewed Sara’s case, agreed with our recommendation and shared with us the important steps to take in the event that you have a possible lemon law claim.

When we buy a new car, the one ‘option’ that no one wants is a Lemon Law claim down the road. To Brennan, the old saying, ‘An ounce of prevention is worth a pound of cure,’ applies to “the purchase of a car, boat or RV where we need to think pro-actively, and ask two questions:

If this turns out to be a lemon and I make a Lemon Law claim, what documents will be needed to prove my case?”

What if it is not a Lemon Law case, but I still might have to go to court? What is absolutely critical to have kept?

Brennan’s answer to those questions is a solid dose of common sense:

“With any major consumer purchase, it is important to retain all documents related to that sale and put them neatly and chronologically in a folder or binder.

“This includes online/newspaper ads, brochures, loan applications, contracts, receipts, cancelled checks, credit card statements, use and care manuals, warranty booklets and especially work orders,” he underscores.

You might be thinking, “Why is it important to keep ads or brochures?”

The answer goes to the heart of where the Lemon Law can be used, as Brennan describes:

“The Lemon Law covers substantial defects when a vehicle has a warranty and which arise during the time that the warranty is in force, either from the manufacturer or dealership’s warranty, and includes after market as well.

But it does not cover a sale with no warranty.

“For example, you buy a used van ‘AS IS’ from Questionable Motors. If it had a warranty and could not be repaired, you might have a Lemon Law Claim. However, lacking the warranty, there is no Lemon Law protection.

“But, suppose their ad described the car in ‘Excellent Running Condition,’ and the salesman gave you assurances that it was a good buy, safe, in good shape, etc. Then, within days of driving off their lot, you discover evidence of fraud — proof they knew or had to know that it was a piece of junk. You might have a false advertising — fraud — case, but not Lemon Law.”

When asked, “What is the most persuasive piece of evidence that can establish a Lemon Law case?” Brennan replies that most of us have it in our hands: a cell phone.

“Gather the evidence. That’s the key! With all those repair orders, the days your car was at the shop, along with cell phone videos of the car doing the things you’ve been reporting but they cannot verify or repair — all of this will help to establish your claim.”

You’re probably wondering, “Can I present a lemon law case to the auto maker myself, or is a lawyer always necessary?”

While it is possible to handle this yourself, in our opinion, you are far better off with an experienced Lemon Law Attorney. Car makers do not just roll over. Expect a rough, emotional road.

Sarah made an appointment with a Fresno attorney.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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January 23, 2016 • By Dennis Beaver

Driving a lemon is much more than an inconvenience — constantly taking the car back to the dealer to attempt repairs because, “This time we can fix it, for sure,” as countless owners have been told.

“If your car stalls for no apparent reason while you’re on the freeway or the brakes don’t work correctly, or, in Phoenix, Arizona, during the summer the A/C is blowing hot air on your kids, these are no mere inconveniences; these are potentially life-threatening issues,” Los Angeles-based Lemon Law attorney Bob Brennan points out, adding:

“And let’s not forget the emotional consequences in driving a car that you know is undependable.”

Fully aware that he was terminally ill with prostate cancer that had spread and was no longer treatable, over coffee one morning before leaving to manage his hay hauling crews, Joe had a surprise for Sarah, his wife of 40 years.

Taking her by the hand, they walked outside, to a barn on their 20-acre farm, and parked in front was a new SUV. Beaming with pride, Joe told his wife, “This is an American car with a powerful eight-cylinder engine.” They were both “car people,” and in earlier years were involved in racing.

“This is the last car I will ever purchase and I wanted you to have something really good,” he whispered to Sarah, tears streaming down his face.

One week later, Joe died.

Returning from the cemetery, her son driving the SUV, suddenly all the warning lights came on and the vehicle stalled, the first of many similar episodes punctuated by multiple dealer attempts to fix the problem.

One mechanic admitted that they had done everything, explaining, “We are certain this is a design defect issue. It’s a lemon.” Sarah contacted the manufacturer and asked for a buy-back, but they insisted on her taking the car to a different dealership because “There is no doubt it can be repaired.”

From the sound of her voice on the verge of hysteria, a tearful Sarah contacted You and the Law, asking, “Do I have a Lemon Law case? Should I give them one more chance?”

Key points of the Lemon Law

Analyzing Sarah’s problem, Brennan felt that Sarah would certainly appear to have a Lemon Law case. “Unfortunately, denial is pretty much standard operating procedure for some car manufacturers, and mechanics often know when the problem cannot be remedied, because of a design defect, as your reader discovered.”

We asked Brennan to go over key points of the Lemon Law, which do vary somewhat state to state, and taking California as an example:

(1) Applies to consumers who have a car, boat or RV;

Purchased or leased for personal and most small business use.

Which has any substantial defect starting during the warranty period which impairs its use, value or safety.

You have given reasonable opportunities to fix it and they have not.

(2) As long as the vehicle has been brought in for repair while the warranty was in effect, the fact that it has expired does not matter; you are still protected by the Lemon Law.

(3) A reasonable number of repair attempts must be allowed. Typically, this is three or more repair attempts for the same or similar problem; and, only two times if it is likely to cause serious bodily injury; or if the vehicle has been out of service—in the hands of an authorized dealer—for more than 30 days during the first 18 months or 18,000 miles.

If you’re wondering what constitutes a “Substantial Defect,” then you’ve asked the right question. “It’s hard to define, as there is a large subjective element involved,” Brennan explained.

“Typically this includes stalling, faulty brakes, steering issues, or gasoline leaks, and in some cases, all it requires is two failed attempts to qualify as a lemon. It could also include a navigation system that gave wrong instructions or was ‘off’ by several hundred feet.

“A substantial impairment has to be evaluated against the requirements of a reasonable person. This makes sense as there are some people who are complete hypochondriacs or impossible to please no matter what you do for them,” he notes.

Are you driving a lemon? If so, next time we look at the steps which need to be taken now in order to protect your rights under the Lemon Law. And until then, a visit to www.brennanlaw.com is well worth your time.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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