Anaheim Lemon Law
Anaheim Lemon Law Attorneys
Imagine spending tens of thousands of dollars on a new vehicle, only to learn that you bought a ?lemon.? A lemon under California law is defined as a vehicle that has a defect that ?substantially impairs? the vehicle?s use, value, or safety, and the manufacturer or authorized dealership has been unable to fix all of the issues after a reasonable number of attempts. While it may seem surprising that major manufacturers could sell a vehicle with a major defect, lemons are not uncommon. In fact, between 2014 and 2018, the California Department of Justice reports that there were over 21,000 lemon law cases filed.
California?s lemon law statutes are regarded as one of the most consumer-friendly laws in the nation. However, despite broad protections, these cases require a comprehensive understanding of complex federal and state consumer protection laws. Anaheim car purchasers saddled with a defective or dangerous vehicle should consult an attorney to determine their options for a refund, buyback, or other compensation.
El experienced Anaheim Lemon Law attorneys at Wirtz Law APC, have a well-established practice handling lemon law claims on behalf of California car owners. Car dealerships and vehicle manufacturing companies typically have large legal teams to defend against lemon law claims. The lawyers on our team have extensive experience securing favorable outcomes for our clients. If your vehicle has recurring problems, contact our office at (858) 259-5009 to schedule a free consultation to discuss your rights and remedies.
¿Qué es la Ley del Limón de California?
El Tanner Consumer Protection Act and the Ley de garantía de los consumidores Song-Beverly are the primary consumer protection statutes that make up California?s lemon laws. These statutes provide that if a car has a serious warranty defect or defects that the dealer cannot fix, even after multiple attempts, the car owner may be eligible for a refund or a replacement.
What Type of Vehicle Does California Lemon Law Cover?
In California, the lemon law covers used and new vehicles with a manufacturer?s vehicle warranty. These vehicles include:
- Trucks, pickup trucks, vans, cars, EVs, hybrids, and sports utility vehicles (SUVs),
- Motorhomes and their drive trains, chassis, and chassis cab,
- Vehicles owned by dealerships and demonstrators; and
- Most vehicles are leased or purchased primarily for personal or business use.
While California?s lemon law provides coverage for many vehicles, some restrictions limit liability for certain vehicles. For instance, California?s lemon laws do not apply to the following:
- Vehicles purchased outside of California, except if the owner is serving in the Armed Forces.
- Vehicles purchased from private sales or auctions.
- Vehicles sold ?as-is.?
- Vehicles bought after the expiration of the manufacturer warranty.
- Vehicles whose problems stem from unreasonable or unauthorized use or lack of maintenance.
Anaheim car owners who suspect they have a lemon should consulte a un abogado to determine whether the lemon law applies to their car.
Leyes federales del limón
California has some of the most favorable lemon laws on the books for consumers; however, federal law also provides consumers with some important protections. For example, the Ley de Garantía Magnuson-Moss gives the Federal Trade Commission the power to draft rules for written vehicle warranties and establishes remedies in the event that the manufacturer breaches a warranty. However, because California?s lemon law is more favorable to you, most Anaheim lemon law claims are brought under state law.
When Does Lemon Law Apply?
Under California?s consumer protection laws, a manufacturer or dealer that cannot repair a serious warranty defect or defects in a vehicle after a ?reasonable number of attempts? must do one of the following:
- Refund its purchase price; or
- Replace the car, truck, pickup truck, SUV, EV, or hybrid.
Generally, the refund value involves evaluating the following factors:
- Down payment,
- Monthly payments,
- Vehicle financing; and
- Remaining loan balance.
However, it is essential to note that owners may be responsible for usage fees for the time that they drove the vehicle without issues.
California Lemon Law and Motorcycles
Under limited circumstances, motorcycles may be covered by California?s lemon laws. Motorcycles are covered if sold or leased as new with a written warranty and if the motorcycle is intended for personal, family, or household use. The state?s lemon laws do not apply to off-road motorcycles not registered for highway use.
What Are a Consumer?s Remedies After Buying a Lemon?
If you think you may have a lemon on your hands, it is important to understand what you can gain by pursuing a lemon law claim. Typically, consumers who successfully bring an Anaheim lemon law case can recover one or more of the following types of compensation:
- Refund of the purchase price you paid for the vehicle,
- A replacement vehicle;
- Incidental damages resulting from the defective vehicle;
- Attorney?s fees, costs, and expenses for pursuing your claim; and
- Civil penalties.
Of course, damages in any lemon law case are very specific to the nature of the defect, and there are many factors that can affect a consumer?s damages award. However, those looking to maximize their potential damages should be sure to work with an experienced Anaheim lemon law attorney.
Which Car Companies Have the Most Lemons?
Every car manufacturer has sold a lemon; however, some manufacturers’ vehicles are more often on lemon law lists than others. For example, according to a recent report by Forbes, the following brands of cars, trucks, and SUVs had a higher-than-average chance of being recalled. Of course, a vehicle that has a recall doesn?t necessarily mean that it?s a lemon, but it is a good indication that it might be.
- Tesla had 20 recalls affecting 3,769,581 vehicles.
- Mercedes-Benz had 33 recalls affecting 969,993 vehicles.
- BMW had 19 recalls affecting 1,000,455 vehicles.
- General Motors had 32 recalls affecting 3,371,302 vehicles.
- Ford had 67 recalls affecting 8,636,265 vehicles.
- Volkswagen Group had 45 recalls affecting 1,040,885 vehicles.
- Fiat–Chrysler/Stellantis had 38 recalls affecting 3,041,431 vehicles.
- Hyundai had 22 recalls affecting 1,452,101 vehicles.
- Kia had 24 recalls affecting 1,458,962 vehicles.
- Nissan had 15 recalls affecting 1,568,385 vehicles.
What Problems Can Make a Car a Lemon?
Any ?substantial defect? can make a car a lemon. And, while the term ?substantial defect? is very broad, many lemon law claims involve one or more of the following:
- Brake problems,
- Transmission issues,
- Exhaust and emissions problems;
- Suspension issues;
- Electrical problems;
- Defective lighting; and
- Engine problems.
However, just because a vehicle experiences one or more of these problems doesn?t necessarily make it a lemon. To be considered a lemon, the defect must substantially impair the vehicle?s use, value, or safety and must persist despite repeated attempts to fix the defect(s). At a minimum, the automaker must try to repair your defects at least twice.
Why Do I Need an Anaheim Lemon Law Attorney for a California Lemon Law Claim?
Lemon law claims, similar to insurance claims and disputes, are often challenging, and a simple mistake can prevent a car owner from recovering the damages the law entitles. Further, while many car manufacturers offer a state-certified arbitration program to resolve lemon law disputes, these channels can limit the amount of compensation a defective car owner can recover.
Was Your Vehicle?s Juice Not Worth the Squeeze?
If you recently purchased a new or used vehicle that is still under the manufacturer?s warranty, and you?re experiencing repeated or numerous problems with the vehicle, you may have a lemon on your hands. The Anaheim lemon law attorneys at Wirtz Law, APC, have decades of hands-on experience helping our clients seek relief from sellers and manufacturers. We know how to effectively investigate these claims, negotiate with manufacturers and, if necessary, litigate your case in court. Over our firm?s history, we have obtained compensation for our clients in more than 97 percent of the cases we?ve handled, recovering more than $45 million on behalf of our clients. To learn more and schedule a free consultation with an Anaheim Lemon Law attorney at Wirtz Law, APC, llame al (858) 259-5009 today. You can also reach us through our secure online contact formy one of our attorneys will be in touch with you shortly.
Más de 97% Tasa de éxito
En las reclamaciones de la Ley del Limón
Recurrí a Wirtz law durante un caso de la ley del limón. Ellos fueron nuestros abogados de juicio y también nos ayudaron antes del juicio con la negociación. Tuvimos una buena experiencia con Amy que fue la abogada con la que más trabajamos. Ella es organizada y atenta. Los otros abogados y los jueces la respetan y pueden ver que sabe mucho...