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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33918
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I purchased a used vehicle and he indicated that he would do

Customer Question

I purchased a used vehicle and he indicated that he would do the brakes. However, he did the pads only and my mechanics told me he did not do the rotars, which were below minimum. he indidcated that the dealer could not sell me the car w/ below minimum rotars. The dealer said only the brake pads cannot be below 50%, which he did do. So I was looking for a law as he said I can pay for the parts and he would do the labor only, which I cannot afford.....
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Customer: no
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Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist? Are you just looking for a cite to the law?

Also, what state was this in?

Customer: replied 1 year ago.
California, I want a DMV law if possible to support what my mechanic stated that not not only should have don the brake pads, but the rotars as well. Then I wasn't to present the law to him, so he will pay for the labor and parts for the rotars to be done, which were below minimum when he sold me the vehicle. My other concern is that the pads would have to be done again due to him knowingly not doing the rotars as both need to be done and part of the brake system. If the is a law can you provide a copy or assigned number for me to print out. The car is a high end luxury car, so the cost is exceptional... Thanks...
Customer: replied 1 year ago.
Correction, I want to present the law to him as biding for him to do the complete work. Is not the rotars considered part of the brake system the DMV law is referring to and having newer rotars w/ older yet new brakes is that not a problem in functioning together? Also, can I request brakes that are not after market, but designed specifically for the car or to be done somewhere else as he might try to cut them back or down wrong as likely to be disgruntle about doing the complete job on my car?
Customer: replied 1 year ago.
binding no biding
Customer: replied 1 year ago.
can I request rotars specifically designed for my car model not after market product?
Expert:  Dwayne B. replied 1 year ago.

I have looked this question up before, as have other experts. This seems to be an urban myth among dealers and repair shops.

There is no such California law regarding the wear level on used car brakes. The closest law is one which requires that all passenger vehicles be equipped with a properly functioning brake system which will stop the vehicle within 30 feet when applied at a speed of 20 miles per hour.However, that law does not require that any dealer bring the brakes into compliance prior to selling the vehicle. It is the obligation of the owner to comply with the law if you bought the vehicle "as is" which is the usual way vehicles are sold in any state including CA. The dealer may have given you a "safety inspection sheet" and if it misrepresents the condition of the brakes, may be sufficient for you to win if you have to sue. However, the best you are likely to get out of it is the cost of bringing the brakes into compliance with the law.If, after you confront the dealer, they won't do anything about this problem, you can sue in small claims court for the cost of repairing the brakes. Whether or not you can win depends on exactly what that inspection sheet shows and whether or not the court finds it fraudulently misrepresented the condition of the brakes.One other thing, ask the repair shop for the code section which states the 50% mark. I, and other experts, have told people before to ask for this and no one yet has been able to provide it because it doesn't exist.

I'm sorry I had to give you an answer which is contrary to what you believe the law to be, but unfortunately that happens occasionally and I would ask that you still issue a Positive Rating since I have no control over what the law is.

Expert:  Dwayne B. replied 1 year ago.

Here is a link to the CA vehicle code:

Expert:  Dwayne B. replied 1 year ago.

You'll notice Chapter 3 deals with brakes and that would be where the information was contained, if it existed.