Wirtz Law Blog

The interesting thing about car dealerships is that despite many dealerships and manufacturers claiming to be independent from each other, because the dealer is the authorized repair facility for the manufacturer, that fact makes them a legal “agent of the car manufacturer” in any lemon law lawsuit. When repairing your vehicles at a dealership, it is as if you had delivered your car to the manufacturer itself. After all, you can’t bring your car back to Detroit and drive it back to Ford or GM!

Damages in a lemon law lawsuit are against the manufacturer for its failure to repair defects in your vehicle after trying at least two times. Because a lemon law claim arises from the express new car warranty, the defects must be either in the car materials or its workmanship. Typically, defects manifest as defective parts and/or equipment, poor performance due to shoddy manufacturing or workmanship, or missing and/or malfunctioning parts or computer programs. That said, complaining about a troublesome vehicle to the dealership is the same thing as complaining directly to the carmaker. In California, as long as the car you purchased was sold with a new car warranty, full or a balance, and repairs are performed in California, the lemon law will apply. There are some exceptions for military consumers, but you should consult an experienced California Lemon Law Attorney for your specific situation.

Who Can File a California Lemon Law Claim?

It is important that the plaintiff wishing to file a lemon law claim in California is not only familiar with the law but has records and receipts to back up their claims, for example, all bills from each time your car was supposedly fixed but was not, and you had to go back for further repairs. Do not fret if you have not been a good record keeper; an experienced lemon law attorney can help you get these for your claim.

The Lemon Law covers the following new/used vehicles that come with the manufacturer’s new vehicle warranty. They include:

• SUVs
• Cars
• Vans
• EVs
• Hybrids
• Pickup trucks
• Many vehicles leased or bought to use for business
• Dealer-owned demonstrators and vehicles
• The drive train, chassis cab, and chassis of a motor home
• Vehicles leased or bought for family, household, or personal use

Who a lemon law claim is filed against is typically based on the circumstances and facts of the case. With years of successful cases, Wirtz Law APC can guide you expertly through the complicated aspects of California’s lemon law.

The Beginning of a Problem

A first-time issue with your vehicle does not immediately qualify it as a lemon. To be able to file a lemon law claim the vehicle owner needs to have the following elements, or some of the elements. They include:

• The vehicle had or has a defect or defects covered by warranty, significantly affecting its use, value, and/or safety.
• The vehicle’s maker, at a local authorized repair facility, tried on at least two or more occasions to repair it.
• OR the vehicle was out of service being repaired for more than 30 days, and not necessarily all consecutive.
• AND the identified defect was not caused by the buyer’s unauthorized or unreasonable use.

It is perfectly understandable if a consumer does not know precisely what qualifies their troublesome vehicle as a lemon. That is why we encourage you to call us at Wirtz Law APC and get help. We can let you know if your vehicle meets the criteria of being a lemon. We are here to listen to your story and help you retrieve full compensation for your trouble.

A Warranty Rip-Off?

The first rule of lemon law claims is that carmakers and warranties are not on your side. They, like insurance companies, prefer to do things easily and quickly. This usually means offering lowball compensation or some other avenue that sounds good but may turn out to make your situation even worse.

Tips to retain your rights to file a lemon law claim include:

• Before discussing it with an experienced California lemon law attorney, do not sign anything with anyone. If you do sign documents without checking with an attorney, you may discover you have signed away your lemon law and warranty rights. 
• Be wary of warranty extensions or offers to reimburse you for a stated number of monthly payments. Automakers like to call these pacifying payments as goodwill.  In fact, these offers often have a release and settlement agreement to sign, waiving your right to a full refund and even civil penalties. Do not sign it. It gives up your right to file a lemon law claim or breach of warranty for continuing issues.
• It bears repeating – do not sign anything until you speak to an experienced California lemon law attorney at Wirtz Law APC.
• Never, repeat, never accept an arbitration offer from a car manufacturer if you can possibly avoid it. It is not a better option. Statistically, arbitration means a higher chance of losing your case or receiving far less in compensation than it is possible to receive by going to trial. Additionally, arbitrators are typically sponsored by manufacturers. 
• Always read the lemon law clauses in any purchase orders. They often have hidden traps to force arbitration.

While there are a lot of “don’ts,” there are also many “dos” that make sense to ensure you are covered should your vehicle turn out to be a lemon. At Wirtz Law APC we know all the ins and outs to ensure you get fair compensation and what you deserve. We know the pitfalls. We know the tactics used by auto makers and manufacturers and distributors and we are here to help you win. 

Considering a Lemon Law Claim in California?

If you believe your car is a Lemon and want to learn more about bringing a California Lemon Law claim, contact the dedicated consumer rights lawyers at Wirtz Law APC. 

We are known throughout the state as some of the most respected and experienced Lemon Law attorneys. We’ve recovered $76 Million in damages for clients and secured compensation in over 98 percent of the cases we handle. Your best decision is calling Wirtz Law APC.

While our office is located in La Jolla, CA, we also serve other parts of the state, such as Southern California, Central California, and Northern California. To learn more and to schedule a free consultation with a Lemon Law attorney at Wirtz Law APC, give us a call at 858-259-5009. You can also connect with us through our online contact form.