Visalia Lemon Law Attorneys

Purchasing a new vehicle should be an exciting and stress-free experience. However, when your car repeatedly breaks down, experiences ongoing mechanical issues, or fails to meet safety standards, it may qualify as a lemon vehicle under California law. You may have a California Lemon Law claim if you have taken your car to the dealership multiple times for repairs without a permanent fix.

At Wirtz Law, APC, our team helps consumers in Visalia and throughout California fight back against auto manufacturers that fail to honor their warranty obligations. California’s Lemon Law is one of the strongest consumer protection laws in the country, allowing you to receive a replacement vehicle, a full refund, or cash compensation if your car qualifies as a lemon. Wirtz Law has an over 98% success rate in Lemon Law cases, recovering over $75 Million for clients facing vehicle defects. If you suspect your car is a lemon, contact Wirtz Law today. All consultations are free, and manufacturers pay our fees if you recover for your losses.

How California’s Lemon Law’s Protect Consumers

California’s Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, is one of the country’s most comprehensive consumer protection laws. It ensures that buyers and lessees of new vehicles covered by a manufacturer’s warranty are protected from persistent, unrepairable defects. If a dealership cannot fix a substantial defect after a reasonable number of attempts, the law requires the manufacturer to refund, replace, or compensate the vehicle owner.

Key Laws That Protect Consumers

Several statutes provide the legal framework for Lemon Law claims in California:

• Song-Beverly Consumer Warranty Act (California Civil Code § 1793.2). This law requires manufacturers to repair, replace, or repurchase defective vehicles if they cannot be fixed within a reasonable number of attempts. It applies to new vehicles still under the manufacturer’s warranty.
• California Civil Code § 1794. California statute requires manufacturers to pay attorney’s fees and legal costs if a consumer successfully wins a Lemon Law case, making it easier for consumers to pursue claims without worrying about legal expenses.

Who Is Covered Under California Lemon Law?

California’s Lemon Law protects many vehicles, ensuring consumers are not left with defective cars that manufacturers fail to fix. If your vehicle meets the necessary criteria, you may be eligible for a refund, replacement, or cash compensation under the law.

Covered vehicles include:

• New vehicles still under the original manufacturer’s warranty—this applies to both purchased and leased vehicles, as long as they remain covered by the manufacturer’s warranty when defects occur; 
• Passenger vehicles, trucks, SUVs, and motorcycles—any personal-use vehicle qualifies, regardless of the make or model; and
• Vehicles used for personal, family, or small business purposes—small business owners may qualify if their business owns five or fewer vehicles and the car weighs less than 10,000 pounds.

California’s Lemon Law extends to some motorhomes and commercial vehicles, depending on their weight and use. Additionally, demonstrator vehicles (used for test drives or promotions) may qualify.

If a manufacturer refuses to buy back or replace a defective vehicle, consumers have the right to file a Lemon Law claim and recover compensation for their losses. An experienced Lemon Law attorney can help you determine eligibility, gather evidence, and fight for your legal rights.

What Are Lemon Vehicles?

A lemon vehicle is any car, truck, SUV, EV, hybrid, or motorcycle with persistent defects that significantly impact safety, value, or usability. These defects must remain unresolved despite multiple repair attempts by an authorized dealer.

List of Common Lemon Vehicles

Lemon Law cases affect all vehicle brands, but some manufacturers face more claims than others. According to a study by CALPIRG Education Fund, there is a wide variation in how frequently different automakers face lawsuits :

• Toyota. Taken to court under the Lemon Law once for every 2,029 new Toyota vehicles registered in California (2018–2021).
• General Motors (GM). Subject to Lemon Law litigation once for every 78 new GM vehicles registered in the state. These vehicles are 26 times more likely to be involved in a Lemon Law case than Toyota vehicles.

These statistics show that some brands manufacture vehicles with more defects, leading to higher litigation rates.

Common Defects Found in Lemon Vehicles

California Lemon Law applies when a vehicle has substantial defects that impact safety, reliability, or function. These issues often appear early in a vehicle’s life and persist despite multiple repair attempts by the manufacturer. According to vehicle history report provider Carfax, in 2021, over 6.3 million vehicles with unrepaired safety recall defects were still being driven on California roads, putting drivers, passengers, and pedestrians at risk. Many of these defects mirror those commonly reported in Lemon Law cases, highlighting the potential dangers of defective vehicles.

Commonly reported Lemon Law defects include:

• Jerking or hesitation defects—sudden and unpredictable acceleration or deceleration that makes driving unsafe; 
• Loss of power while driving—the engine may stall, misfire, or fail, leading to dangerous situations on highways or intersections; 
• Severe vibration and shuddering during idle—excessive shaking can indicate engine misfires, transmission defects, or drivetrain issues;
• Harsh shifting between gears—unstable gear changes may cause the car to lurch forward or delay acceleration; 
• Vehicle shutting off randomly—unexpected shutdowns, even at high speeds, pose a serious safety risk; and 
• Rear hatch malfunctions (kick feature not working)—unreliable trunk or hatch operation can create accessibility issues and pose safety concerns.

These defects frequently appear in Lemon Law litigation, as they can make a vehicle dangerous to drive or significantly reduce its reliability. California Lemon Law provides legal remedies to protect consumers if a manufacturer fails to fix these issues after multiple repair attempts.

Other Warranties That Might Apply to Lemon Vehicles

Aside from Lemon Law protections, other warranties may apply if your vehicle experiences repeated mechanical issues. Many manufacturers offer additional warranty coverage that can help cover repairs, even if a vehicle does not meet Lemon Law criteria.

• Emission warranties.  An emission warranty offers coverage for parts of the car that are mandated to be operational by the federal government clean air standards.  These warranties can be significantly longer than your basic new car warranty.
• Powertrain warranties. A powertrain warranty may offer coverage for repairs or part replacements if an issue affects the engine, transmission, or drivetrain. These warranties typically last longer than bumper-to-bumper warranties.

Additionally, some manufacturers offer goodwill repairs, covering certain defects even if a vehicle is out of warranty or the manufacturer is trying to avoid a lemon law claim. If Lemon Law does not apply, you may still have legal options under federal warranty laws, breach of warranty claims, or California consumer protection statutes.

Limitations to Lemon Laws

While California Lemon Law provides strong consumer protections, some limitations may affect your ability to file a claim. Understanding these restrictions is crucial to determining whether your vehicle qualifies under the law.

• Manufacturer warranty. The vehicle must be under the manufacturer’s original warranty when defects occur. Once the warranty expires, Lemon Law protections no longer apply, even if the defect existed beforehand.
• Repair attempts. The manufacturer must have had a reasonable number of repair attempts before the vehicle qualifies as a lemon. If repairs are ongoing but fall short of the required attempts, your case may need additional legal strategies.
• Driver abuse. Lemon Law does not cover defects caused by driver abuse, neglect, or unauthorized modifications. If a manufacturer claims a defect is due to misuse, they may attempt to deny your claim, even when their reasoning is unfounded.

Lemon Law cases involve strict legal deadlines and manufacturer pushback; therefore, consulting with an experienced Lemon Law attorney can help protect your rights. An attorney can evaluate your case, determine the best course of action, and ensure you receive the compensation you deserve.

What Damages Can You Get in a Lemon Law Claim?

If a vehicle qualifies as a lemon, California law entitles you to compensation, which may include:

• Buyback (Vehicle Repurchase). The manufacturer must refund the purchase price, including taxes, registration, and fees.
• Replacement vehicle. Consumers may receive a new vehicle of comparable value.
• Attorney’s fees. California law requires manufacturers to pay attorney’s fees if you win your case.
• Litigation Costs. Litigation costs are also to be paid by the manufacturer if you win.
• Civil Penalties. If you prove that the manufacturer willfully failed to follow the California Lemon Law, then you may be entitled to additional damages called civil penalties. Civil penalties can be up to two times the amount of your actual damages.

With over 20,000 Lemon Law cases filed in 2023, more consumers are holding manufacturers accountable for defective vehicles.

How to Prove a Lemon Law Claim

To succeed in a Lemon Law case, you need strong evidence that proves the manufacturer failed to repair the defect after multiple attempts. Without proper documentation, manufacturers may attempt to deny liability, arguing that the defect is not substantial or that insufficient repairs were attempted.

Key evidence includes:

• Repair orders & work invoices. Every visit to the dealership should be documented, noting the problem, diagnosis, and repairs attempted. Keep copies of all receipts, service records, and diagnostic reports to establish a pattern of ongoing defects.
• Manufacturer’s warranty. Proof that the vehicle was under the manufacturer’s original warranty when defects occurred. Vehicles outside the warranty period may require alternative legal strategies under breach of warranty claims.
• Correspondence with the manufacturer. Any written communication between you and the dealership or manufacturer discussing the defect. Emails, letters, or text messages documenting repair attempts and responses can strengthen your claim.
• Expert testimony. Mechanics or automotive experts can provide insight into the defect’s severity. An expert evaluation can confirm that the issue is not the result of driver misuse or neglect but rather a manufacturer defect.
• Vehicle history reports. If the vehicle has a history of similar defects across multiple owners, it may demonstrate a systemic issue, further supporting your case.

Proving a Lemon Law claim requires showing defects persist despite multiple repair attempts. If your records indicate ongoing mechanical failures, you may qualify for compensation under California Lemon Law. An experienced Lemon Law attorney can help organize your evidence, communicate with the manufacturer, and fight to ensure you receive the compensation you deserve.

Speak with an Experienced Lemon Law Attorney About Your Vehicle Today

If you purchased a new or used vehicle and suspect it may be a lemon, contact the dedicated Visalia Lemon Law attorneys at Wirtz Law APC, to discuss your legal options. Our firm is committed to helping vehicle owners secure fair compensation for the frustration, expenses, and inconvenience caused by a defective car. To learn more or to schedule a free consultation with the expert Visalia Lemon Law attorney, call Wirtz Law at 858-259-5009 or reach out through our online contact form.