Fresno County Lemon Lawyers

California’s lemon law is designed to protect you if you’ve purchased or leased a vehicle that turns out to be defective. Under this law, if your car has a significant issue that the dealer or manufacturer can’t fix after a reasonable number of attempts, you may be entitled to a refund or a replacement vehicle. This law covers new and used cars, trucks, motorcycles, EVs, hybrids, and SUVs, and other consumer vehicles purchased or leased in California.

At Wirtz Law APC, we understand the frustration and stress of owning a lemon vehicle. With a success rate of over 98% in lemon law cases and over $70 Million recovered for our clients, we’re here to help you get the resolution you deserve. Contact us today to see how we can assist you. We offer personalized consultations to understand your unique situation, expert legal representation to fight for your rights, and a dedicated team committed to achieving your best possible outcome. Contact our office at 858-259-5009 to schedule a free consultation. Don’t let a defective vehicle disrupt your life any longer. Reach out to Wirtz Law APC, and let us help you navigate the process to get back on the road with confidence.

California’s Defective Vehicle Laws

California’s lemon law protects you if you’ve purchased or leased a defective vehicle. This law ensures that if your car has significant issues that the dealer or manufacturer can’t fix after a reasonable number of attempts, you may be entitled to a refund or replacement. 

California Lemon Law (Song-Beverly Consumer Warranty Act)

The Song-Beverly Consumer Warranty Act, commonly known as the California Lemon Law, mandates that if a vehicle manufacturer or dealer cannot repair a defect that significantly impairs the vehicle’s use, value, or safety after a reasonable number of attempts, the manufacturer must either replace the vehicle or refund the purchase price. This law covers new and used cars purchased or leased in California with a manufacturer’s warranty.

Why Are Lemon Vehicles Dangerous?

Defective vehicles pose significant safety risks. Vehicles with faulty brakes, steering, or airbags can lead to serious accidents. For example, nearly a decade after the largest automotive recall in history, 700,000 vehicles in California still have defective, potentially deadly airbags. Driving a lemon vehicle isn’t just an inconvenience; it’s a danger to you, your passengers, and others on the road.

Financial Burden of Defective Vehicles

Owning a defective vehicle can be a heavy financial burden. Many consumers can’t afford to keep pouring money into unexpected repairs after purchasing a new or recently used vehicle with a manufacturer’s warranty. A car is one of the most significant purchases consumers make in their lifetimes, often leading to significant debt. In the fourth quarter of 2021, the average loan Americans took out for purchasing a new vehicle was $39,721. When new car prices skyrocketed in 2021, this financial strain became even more pronounced.

Examples of Recalled Vehicles

In recent years, numerous vehicle recalls have occurred due to various defects. Some notable examples include:

• General Motors ignition switch recall—over 2.6 million vehicles were recalled because faulty ignition switches could shut off the engine and disable airbags while driving; and
• Ford door latch recall—millions of Ford vehicles were recalled due to faulty door latches that could cause doors to open unexpectedly.

These recalls highlight the importance of addressing vehicle defects promptly to ensure safety.

Damages and Remedies for Lemon Vehicles under California Law

Under California’s lemon law, if you’re stuck with a defective vehicle, you have several options for recourse. Here’s what you can expect:

• Refund or replacement—if the dealer or manufacturer cannot fix the defect or defects after a reasonable number of attempts, which can be as few as two time, you may be entitled to a full refund or a replacement vehicle;
• Reimbursement for repair costs—you can be reimbursed for any out-of-pocket repair costs associated with the defect; and
• Compensation for incidental costs— can include towing fees and rental car expenses incurred due to the defective vehicle.
• Civil penalties—if the manufacturer is found to have willfully violated California’s lemon laws, you may also be entitled to a civil penalty up to two times the amount of your actual damages
• Attorneys fees and costs—California’s lemon law provides for fee shifting.  If you are successful the manufacturer must also pay your fees and costs and expenses, which means it does not cost you anything to pursue your lemon law rights in California.

Despite these protections, not all cases go to court. Among the more than 7 million new vehicles registered in California from 2018 through 2021, only 34,397—less than one-half of one percent—resulted in a lawsuit filed in state courts. However, many cases are settled with the help of an attorney, highlighting the importance of legal assistance in resolving lemon law disputes.

Even though only a tiny fraction of defective vehicles end up in court under the lemon law, there are significant variations among manufacturers in the frequency of lawsuits. For instance, General Motors accounted for 29% of lemon law cases filed from 2018 to 2021, while Toyota had the fewest suits relative to their market share.

Legal Steps to Take

If you believe you have a lemon vehicle, here are the steps you should follow:

• Document the defects. Keep detailed records of all repairs and attempts to fix the defect. This documentation will be crucial if you need to file a claim.
• Notify the manufacturer. Inform the manufacturer of the defect and give them a reasonable number of attempts to repair it, which must be at least two attempts.
• Consult an attorney. Given the complexities of lemon law cases, consulting an attorney can significantly increase your chances of a successful outcome. 

An experienced attorney can dramatically impact the outcome of your California lemon law claim.

A Guide to Fresno Lemon Law Infographic – Learn More About Lemon Law Cases

How to Resolve a Lemon Law Claim in California

Resolving a lemon law claim in California often involves either arbitration or litigation. Both options have benefits and drawbacks, so understanding them can help you decide the best approach for your situation.

Arbitration

Arbitration typically moves faster than litigation. You can often get a decision within a few months. The process is less formal than court proceedings, which can be less intimidating and more straightforward. Further, arbitration can be less expensive than litigation because it avoids many of the costs of going to court.

However, arbitration decisions are usually binding, meaning you cannot appeal if you are unhappy with the outcome. You may have less opportunity to gather evidence than a court case, impacting your ability to prove your claim. Moreover, some arbitrators may favor manufacturers, especially if the automotive industry funds the arbitration program.

Litigation

Litigation allows for a more thorough discovery process. You can gather extensive evidence, which can be crucial for building a solid case. Further, you can appeal if you’re unsatisfied with the court’s decision, providing another chance to win your case. Additionally, court cases create a public record, holding manufacturers accountable and potentially influencing future behavior.

On the other hand, litigation can take significantly longer than arbitration. It may be months or even years before you get a resolution. Going to court can be expensive. Legal fees, court costs, and other expenses can add up quickly. The litigation process is formal and can be stressful. Court appearances, depositions, and other legal procedures can be demanding.

Deciding whether to arbitrate or litigate depends on your specific situation. Arbitration may be a good choice if you’re looking for a quicker, less formal resolution and are willing to accept a binding decision. Litigation might be better if you need a thorough process, the ability to appeal, and are prepared for a potentially lengthy and costly battle.

Settling

Settling is another option that can be beneficial in resolving a lemon law claim. A settlement is an agreement reached between you and the manufacturer outside of arbitration or court. It often involves negotiation, where both parties agree on compensation or a remedy for the defect.

One of the main advantages of settling is that it can be quicker than both arbitration and litigation. Settlements can be reached within weeks or months, allowing you to move on with your life sooner. Additionally, settling can be less costly than going to court or arbitration, as it avoids many legal fees and expenses.

However, the amount you receive in a settlement may be less than what you might achieve through arbitration or litigation. Negotiations can be challenging, and you might feel pressured to accept a lower offer. Additionally, settlements are final, meaning you cannot pursue further legal action once an agreement is reached.

Choosing the Best Option

Deciding whether to arbitrate, litigate, or settle depends on your specific situation. Arbitration may be a good choice if you’re looking for a quicker, less formal resolution and are willing to accept a binding decision. Litigation might be better if you need a thorough process, the ability to appeal, and are prepared for a potentially lengthy and costly battle. Settling could be the best option if you prefer a quick, cost-effective resolution and are comfortable negotiating an agreement with the manufacturer. Your Fresno Lemon Law attorney can help you determine the best way to handle your case. 

How Long Do You Have to File a Lemon Law Case in Fresno, CA?

One of the most common mistakes vehicle owners make when bringing a Lemon Law claim is waiting too long. California has a specific time frame for bringing a Lemon Law case, which provides that owner should generally initiate a claim within one year after the vehicle manufacturer’s warranty expires and up to six years from the date of delivery.   Don’t be late in pursuing your rights. That may bar your claim completely. Thus, it is important to call a Fresno Lemon Law attorney to discuss your claim as soon as possible. 

Are You Fed Up With Your Lemon?

If you recently bought a new or used car and are tired of dealing with the back-and-forth to the dealership, it’s possible that you were sold a Lemon. If so, the vehicle manufacturer may be legally obligated to either buy your car, truck, EV, hybrid, or SUV back from you or provide you with a new, comparably equipped model. At Wirtz Law APC, we’ve handled countless Lemon Law claims in Fresno County and throughout California.

Over the past few years, we’ve connected our clients with over $70 Million in compensation and been successful in more than 98 percent of the Lemon Law cases we’ve handled. To learn more, and to schedule a free consultation with a Fresno Lemon Law attorney today, give us a call at 858-259-5009. You can also connect with us through our online contact form.