El Centro Lemon Law Attorneys

Experienced California Lemon Lawyers Help El Centro Residents With Vehicle Purchases Throughout the State

As the largest city in the Imperial Valley and the county seat of Imperial County, El Centro is indeed the center of business, recreation, and daily errands for tens of thousands of Californians. 

While El Centro’s total population is just north of 40,000 people, thousands more travel in and around El Centro daily for school, business, recreation, and essential tasks. El Centro’s convenient location near Mexicali, Mexico, makes it a popular stopping point for international travelers and a common point of visitation for commerce, border patrol staff, and other officials. 

Many Californians who move to or visit El Centro do so in vehicles they purchased or leased from dealerships in other California cities. Many El Centro residents visit San Diego, for example, expecting to find a wider selection of vehicles and more reliable dealerships. A lemon vehicle, however, can dash these expectations – and make desert living even more difficult.

If you have a lemon on your hands, talk to an experienced El Centro lemon lawyer at Wirtz Law APC today. We’ll help you understand your legal rights and options. 

How Many Lemon Vehicles are On California Roads?

The California Department of Motor Vehicles (DMV) tracks new and renewed vehicle registrations in the state. The DMV makes its data publicly available online. 

In 2022, the California DMV recorded 218,073 vehicle registrations in Imperial County. These included both new vehicle registrations and renewals. The registration numbers include over 136,000 passenger vehicles and 52,510 trucks.

Most of these vehicles are reasonably reliable. While all vehicles require some maintenance, few rise to the level of becoming a “lemon” under California law. 

A study by the California Public Interest Research Group (CALPIRG) and fellow researchers found that between 2018 and 2021, only 0.45 percent of all new vehicle registrations resulted in a lemon law claim filed in a state court. This percentage can seem quite low, yet it represents over 40,000 vehicles and vehicle owners.

The percentage of lemon law claims also fails to accurately reflect the total number of lemon vehicles in California between 2018 and 2021. CALPIRG notes two reasons the 0.45 percent number doesn’t tell the entire story.

First, most lemon law claims are not settled in court. Instead, they are settled by negotiations between an automaker and a vehicle owner. Vehicle owners can maximize their chances of succeeding in negotiation with the help of an experienced lawyer – especially if they must bring their lemon law claim in San Diego or another city far from their El Centro home. 

Second, not all defective vehicles become the subject of a claim. CALPIRG estimates that over six million cars, trucks, and other vehicles on California roads currently have at least one defect subject to a recall – but that dangerous defect hasn’t yet been repaired. 

What Qualifies My Vehicle as a Lemon?

Any vehicle can have mechanical issues, but not all vehicles qualify as “lemons” under California lemon law. To count as a lemon, a vehicle must:

• Be covered by either the original manufacturer’s warranty or a certified pre-owned (CPO) warranty,
• Have an issue that “substantially impairs the use, value, or safety of the vehicle to the consumer” and
• Have problems not caused by abuse or misuse after the owner received the vehicle. 

Not all vehicles qualify for lemon law coverage. For instance, the vehicle must be purchased or leased at retail. For most lemon owners, this means buying or leasing through a dealership. Vehicles purchased or leased directly from the manufacturer are typically called “retail” sales. The vehicle must be under warranty when the buyer receives it. 

Before bringing a lemon law claim, a vehicle owner must give the automaker (usually through a dealership) a “reasonable number of opportunities” to repair the vehicle. Giving a dealership multiple attempts or having a car out of service at a dealership for repairs for an extended period of time raises the likelihood that a court will consider your efforts to make the dealership fix the problem “reasonable.” 

I Didn’t Buy My Vehicle in El Centro. Can I Still Bring a Lemon Law Claim? 

Anyone who purchased their vehicle anywhere in California may bring a California lemon law claim. You do not have to buy your vehicle in the same city where you now live in order to bring your claim to court.

For example, if you bought your vehicle in Los Angeles and later moved to El Centro, you may still bring a lemon law claim. An attorney can help you determine which court must hear your claim and how to navigate scheduling if you need to appear in a court located outside El Centro. 

My Small Business Isn’t Headquartered in El Centro. Can I Still Bring a Case?

California lemon law protects some small business owners. To qualify for lemon law protection, a small business must have five or fewer vehicles total. The lemon vehicle must also meet the weight requirements specified in the law. It cannot have a gross vehicle weight (GVW or “curb weight”) greater than 10,000 pounds. 

If your business and vehicle meet these standards, you can bring a lemon law claim even if your business is not headquartered in El Centro or does most of its work outside El Centro. Talk to an experienced attorney to understand the best way to bring your case. 

I’m an Active-Duty Servicemember Living or Working in El Centro. Can I Bring a Lemon Law Claim? 

In most cases, California lemon law applies only to vehicles purchased in California. Yet the law makes an exception for active-duty service members stationed in California. 

If you are a service member on active duty, you can bring a lemon law case even if you didn’t buy your vehicle in California. Talk to an El Centro lemon lawyer to learn more about how to protect a lemon law claim. 

What Compensation is Available in a Lemon Law Case?

California lemon law offers three categories of compensation in a lemon law case: vehicle replacement or refund, incidental and consequential damages, and attorney’s fees. 

Vehicle replacements or refunds require the automaker to give a lemon vehicle owner either a refund (also known as a “buyback”) for the vehicle or a “substantially similar” replacement vehicle. The owner of the lemon gets to decide which one they want. Buybacks are calculated according to a formula included in California lemon law. An attorney can explain the total benefits of choosing each option in your specific case.

Lemon law also requires automakers to compensate vehicle owners for “incidental and consequential damages.” These are losses you suffered because your vehicle broke down or had defects. For example, if you racked up thousands in towing fees, you can submit copies of your receipts or bills as evidence that you should be repaid for those costs. If your vehicle hadn’t been a lemon, you wouldn’t have needed a tow truck. Costs for alternate transportation, like ridesharing or bus passes, also fall in this category.

You may also be entitled to recovery of a civil penalty against the automaker for its willful failure to comply with the lemon law in California. For example, if an automaker refuses to buy back your lemon vehicle, you may be able to receive up to two times the amount of your actual damages in addition to your actual damages.

Finally, California lemon law requires the automaker to pay the reasonable attorney’s fees, costs, and expenses of a lemon vehicle owner who wins their lemon law claim. 

The attorney’s fees requirement levels the playing field for California vehicle owners. Automakers have entire departments staffed with full-time attorneys whose job is to fight lemon law claims. Yet most El Centro residents have little or no experience with court cases, much less with the specifics of California lemon law. When a vehicle owner has to take on an automaker alone, the fight isn’t fair – and the vehicle owner is more likely to lose no matter how strong their claim is. 

When you work with an experienced California lemon law attorney, however, you gain an ally who knows how automakers’ lawyers operate. Your lawyer knows how to defend your rights and fight for the compensation you deserve. The attorney fee requirement ensures you can choose a dedicated attorney to fight for you without spending even more money on your lemon case. 

To protect your right to compensation and build your case:

• Save copies of all paperwork related to your vehicle and its costs. Reports from the dealership, bills, receipts, and similar documents help prove when you took the vehicle in for repair and what things like towing services cost you.
• Don’t agree to anything without seeking qualified legal advice first. An automaker may demand you agree to arbitration or take a deal. Don’t make any agreement without first speaking to a lawyer who is looking out for you. 
• Talk to an experienced attorney. Reach out to a lawyer today for help with your specific situation. 

For Help With Your Lemon Law Claim, Talk to an Experienced California Lemon Lawyer Today

California lemon law offers several protections for vehicle owners, and it applies throughout the state. To learn more about how lemon law applies in your situation, reach out to the team at Wirtz Law APC today. We’ve helped many clients win their lemon law cases, and we’re committed to fighting for the refund, replacement, and other compensation you need. To learn more, schedule a free, confidential consultation today.