Wirtz Law Blog

When purchasing a new or used vehicle in California, it’s essential to understand your rights under the California Lemon Law. This law provides protection if you’ve bought a vehicle with warranty-covered defects that affect its use, value, or safety and that cannot be fixed after a reasonable number of repair attempts. However, vehicle manufacturers almost always contest Lemon Law claims, so it’s crucial to take all necessary steps to avoid common pitfalls that could inadvertently waive your rights under the CA Lemon Law. 

Below are a few things to remember if you’re considering filing a Lemon Law claim. By following these steps, you can be sure you won’t inadvertently waive your rights to pursue a claim. 

Understand What Constitutes a Lemon

Firstly, know what qualifies as a “lemon.” In California, if your vehicle has a defect covered by the manufacturer’s warranty that substantially impairs its use, value, or safety, and the manufacturer or its agent cannot repair the defect after a reasonable number of attempts, your vehicle might be a lemon. The CA Lemon Law applies to all types of vehicles, including cars, trucks, vans, SUVs, motorcycles, and even some RVs. 

Keep Detailed Records

Documentation is your best friend in a Lemon Law case. Keep all repair orders, receipts, and records of communication with the dealership or manufacturer. These documents should detail the problems you’ve experienced, the number of repair attempts, and the time your vehicle has been out of service. Having access to this information will be crucial to establishing your claim as well as the appropriate amount of damages. While having your records is best, many of the records can be recovered from the repair facilities, if you have lost your copy or they have become illegible.

Continue to Use the Official Dealerships for Repairs

It’s vital to use an authorized dealership for repairs, even if the process seems frustrating—and expensive. Repairs made outside the official dealership network might not count towards your Lemon Law claim and could even void certain warranty protections. When in doubt about a particular repair, you should reach out to a California Lemon Law lawyer to ensure you aren’t accidentally waiving your rights. 

Don’t Accept Quick Settlements Without Understanding the Implications

Sometimes, a manufacturer may offer a quick settlement, like a cash payment. This is commonly called a “cash and keep” deal. Other times the manufacturer calls it a goodwill payment. While these offers might seem attractive, accepting such an offer without legal advice can waive your rights under the Lemon Law. These offers often come with a release of your lemon law claims. It’s wise to consult with a Lemon Law attorney before accepting any cash, settlement, goodwill, or other benefit as the deals offered by vehicle manufacturers are usually for far less than what owners can recover through a successful claim. 

Be Wary of Arbitration Clauses

Many vehicle purchase agreements include an arbitration clause, which can limit your ability to take legal action in court. While arbitration can be faster and less expensive, it may not always be in your best interest. Consult a lawyer before agreeing to arbitration. Watch out. Some manufacturers, like Tesla, require you to opt out of its arbitration agreement within 30 days of buying your car. This is becoming common for direct-to-consumer manufacturers like Tesla, Lucid, or Vinfast.

Avoid Any Delays 

There are time limits for filing a Lemon Law claim, which can run out as early as four years from when you first realized the vehicle was a lemon. Don’t wait too long to take action, as delays can weaken your claim. In some cases, waiting too long to file a Lemon Law claim will mean you are no longer eligible for compensation—even if your car is a Lemon. 

Consult with a California Lemon Law Attorney

Navigating the complexities of the Lemon Law can be challenging. Consulting with an experienced San Diego lemon law attorney can provide much-needed clarity and improve your chances of a favorable outcome. At Wirtz Law APC, our California Lemon Law attorneys offer free consultations and work on a contingency basis, meaning we only get paid if you win your case.

Protecting your rights under the California Lemon Law requires awareness, careful documentation, and taking strategic action. By understanding the law, keeping detailed records, using official repair channels, being cautious about settlements, understanding arbitration clauses, acting promptly, and seeking legal advice, you can effectively navigate the process and ensure you’re not waiving your rights unintentionally. Remember, the Lemon Law is there to protect consumers, and it’s important to make sure you do your part to ensure your eligibility.

Are You Considering a Lemon Law Claim in California?

If you believe that your car is a Lemon and want to learn more about bringing a California Lemon Law claim, reach out to the dedicated consumer rights lawyers at Wirtz Law APC. At Wirtz Law, we are known throughout the state as some of the most respected and experienced Lemon Law lawyers. We’ve recovered more than $50 million in damages on behalf of our clients and secured compensation for our clients in over 97 percent of the Lemon Law cases we handle. 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.