Chula Vista Lemon Law Attorneys

Buying a new or lightly used vehicle is a major expense for most families in Chula Vista. However, given Chula Vista’s location within San Diego County, most people need to ensure they have access to a reliable vehicle. But what happens when the car, truck, EV or SUV you spent tens of thousands of dollars on ends up requiring multiple trips to the dealership or mechanic to repair the same sort of issues? If this sounds familiar, it may be that you ended up with a Lemon.

Learning that you bought a Lemon is undoubtedly frustrating. However, it is important that you understand your options. California’s Lemon Law provides robust protections for vehicle owners and may require the manufacturer of your vehicle to replace it or buy it back. At Wirtz Law APC, our Chula Vista Lemon Law Attorneys have extensive experience helping consumers across California recover compensation from vehicle manufacturers. We have been successful in over 97 percent of the Lemon Law cases we’ve handled, recovering more than $50 million on behalf of our clients. We also offer free, no-obligation consultations to all potential clients, so there is no risk in calling to learn more about your rights.

What Is a “Lemon” Under California Law?

In California, a “lemon” refers to a vehicle that is found to be defective without being repaired after it has been purchased. The term comes from the Lemon Law, which is designed to protect consumers from the frustration and financial hardship that can result from buying a faulty vehicle. Under California Lemon Law, a vehicle is considered a lemon if it has a substantial defect covered by the warranty that occurs within a certain time or mileage limit and if the manufacturer or dealer cannot fix the defect after a reasonable number of repair attempts.

These defects must impair the use, value, or safety of the vehicle, and they must not be due to abuse by the owner. If a vehicle is a lemon, the law requires the manufacturer to either replace the vehicle or refund the purchase price to the consumer. This law applies to new vehicles, but some portions also cover used vehicles. The Lemon Law is beneficial for consumers as it provides a remedy in situations where they otherwise might have no recourse.

Of course, this covers just a few of the basics. If you are interested in bringing a Lemon Law claim, our Chula Vista Lemon Law Lawyers can answer all your questions and provide you with guidance at every step of the way. In the meantime, below is a more in-depth summary of the California Lemon Law if you want to learn more about the protections it offers, when it applies, and how to go about bringing a successful Lemon Law claim.

California Lemon Law Statistics

In California, there are more than 36 million registered vehicles. The majority of these—26 million—are passenger vehicles such as cars, SUVs, and pickup trucks. In San Diego County, there are more than three million registered vehicles, slightly over two-thirds of which are cars, trucks and SUVs.

According to a study conducted by a leading research organization, for the three years between 2018 and 2021, there were 7.6 million new vehicles registered in California. During that same period, there were just over 34,000 Lemon Law claims. This means between 2018 and 2021, about .5 percent of all newly registered vehicles were determined to be lemons. However, it is important to note that these figures do not include those Lemon Law cases that were settled out of court, which, in our experience, is very common.

More recently, the number of California vehicle registrations has increased substantially to 14.3 million vehicles in 2021. About eight million of these registrations were renewals, which means that the remaining six million were new car registrations.

What You Need to Know Before Bringing a Chula Vista Lemon Law Case

Under California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, a vehicle is considered a “lemon” if,

It has defects that substantially impair its use, safety, or value, and
The defects cannot be repaired after a reasonable number of attempts.

While this seems straightforward enough, there are many nuances to the California Lemon Law.

Are New and Used Vehicles Covered?

Yes, the California Lemon Law provides protection to consumers who have purchased or leased new or certain types of used vehicles. Primarily, the California Lemon Law applies to new vehicles. This includes cars, trucks, SUVs, EVs, and the chassis portion of motor homes. The law also protects buyers of some used vehicles, particularly if they are still under the manufacturer’s original warranty or if they are certified pre-owned and come with a manufacturer’s warranty. Lease vehicles are also covered under the CA Lemon Law.

What Constitutes a Substantial Defect?

The Lemon Law doesn’t protect vehicle owners from minor defects; the defect must “substantially impair” the vehicle’s use, value, or safety, for the law’s protections to kick in. For example, qualifying defects may include engine problems, transmission issues, brake problems, and electrical system malfunctions. However, cosmetic issues, minor rattles or other noises, and other trivial problems usually don’t qualify for protection. That said, if these issues persist and end up affecting the use, value, or safety of the vehicle, it is possible they could render the vehicle a Lemon.

How Can You Prove Your Car is a Lemon?

Proving a Chula Vista Lemon Law claim requires you to establish that the manufacturer was given a “reasonable number of attempts” to fix the defect. While California law doesn’t define exactly what constitutes a reasonable number of attempts, the courts have held that more than one repair attempt is required. This means that as few as two attempts may be enough to qualify your vehicle as a lemon.

When Can You File a Lemon Law Claim?

Defects must occur and be reported to the manufacturer or its agents (like dealerships) during the warranty period. You typically have up to four years after the warranty expires to file your lawsuit, but some courts require the lawsuit to be filed within four years of the car becoming a lemon, which can be as early as the second repair. For this reason, it is imperative to consult with a Chula Vista Lemon Law attorney as soon as you realize your vehicle suffers from a persistent defect.

What Damages Are Available Through a Chula Vista Lemon Law Claim?

The California Lemon Law provides specific remedies for consumers who have purchased or leased a new vehicle that turns out to be a lemon. These remedies are designed to ensure that consumers are not left with a defective vehicle or financial burden due to manufacturing defects. The primary remedies under the CA Lemon Law are:

Refund

The manufacturer must refund the purchase price of the lemon vehicle. This includes the down payment, monthly payments, and any other costs associated with the purchase (like sales tax, registration, and finance charges). The manufacturer is also responsible for paying off the remaining loan balance, if applicable. However, the manufacturer is allowed to make a deduction from the refund for the consumer’s use of the vehicle before the first repair attempt for the defect. This deduction is calculated based on the miles driven up to the first repair attempt and the purchase price of the vehicle.

Replacement Vehicle

The manufacturer can also replace the lemon vehicle with a new one that is substantially identical to the vehicle being replaced. This replacement should be free from the defects that caused the original vehicle to be classified as a lemon. It is your choice whether you want a replacement or a refund.

Collateral and Incidental Charges

If you and your Chula Vista Lemon Law lawyer are successful in bringing a claim against the manufacturer, the law requires that the manufacturer compensate you for any “collateral charges,” such as sales tax, registration fees, and similar governmental charges. Incidental costs like towing fees and rental car expenses incurred as a result of the vehicle being in service may also be recovered.

Civil Penalties

In cases where a manufacturer is found to have willfully failed to comply with its obligations under the CA Lemon Law, a court may award a civil penalty. The civil penalty is in addition to a buyer’s actual, incidental, and consequential damages. Civil Penalties are meant to punish or deter a manufacturer or distributor from future violations of the Song-Beverly Consumer Warranty Act, California’s Lemon Law. The court can award a civil penalty up to two times the amount of the buyer’s actual, incidental, and consequential damages. Thus, the maximum recovery a buyer can recover in a Chula Vista Lemon Law claim is three times these damages.

Attorney’s Fees and Costs

If you prevail in a Chula Vista Lemon Law lawsuit, the manufacturer must pay your attorney’s fees, costs, and expenses. This does a few important things. First, it encourages anyone with a valid claim to work with an experienced Lemon Law attorney, which will almost certainly increase their chances of success. Second, it enables Chula Vista Lemon Law attorneys to represent vehicle owners on a contingency basis. Under this type of arrangement, an attorney takes the case for no fee upfront and will not charge the vehicle owner anything at all unless the claim is successful. The best San Diego County Lemon Law attorneys will even advance litigation costs, meaning there is no financial downside to bringing a claim—even if it ends up being unsuccessful.

Learn More About Your Rights by Speaking with an Experienced Chula Vista Lemon Law Lawyer Today

If you recently bought a new vehicle or a used vehicle that was still under the manufacturer’s original warranty, and you believe that you have a Lemon on your hands, reach out to the Chula Vista Lemon Law lawyers at Wirtz Law APC. At Wirtz Law APC, our experienced attorneys have a long history of helping vehicle owners and lessees finally obtain the functioning vehicle that they thought they were getting in the first place. We recognize the frustrations that come along with realizing you own a Lemon, and we strive to make the claims process as easy on you as possible. We also have a better-than-97 percent success rate among the Lemon Law cases we’ve handled and have recovered more than $50 million on behalf of our clients. To learn more and to schedule a free consultation with a Chula Vista Lemon Law attorney at Wirtz Law APC, call 858-259-5009 today. You can also contact us through our secure online contact form.