Marin County Lemon Law Attorneys

Experienced Marin County Consumer Protection Lawyers Helping Vehicle Owners Secure Compensation for Defective Cars, Trucks, EVs, Hybrids, and SUVs

One of the reasons you purchased a new vehicle was that you didn’t want to deal with the headaches that come along with owning an older model. Taking a car or truck into the shop is not only expensive, but it also interrupts your day—not to mention you’re left without a way to get around. Unfortunately, not all cars are created equal, and even makes and models that enjoy a good reputation for reliability can turn out to be a lemon. Under the California Lemon Law, you may be able to pursue a claim against the manufacturer of your vehicle, and if you’re successful, the manufacturer will either need to buy your vehicle back or provide you with a new one. 

The Marin County Lemon Law Attorneys at Wirtz Law APC, have decades of experience successfully handling vehicle defect claims under the California Lemon Law. Residents of Marin County call upon Wirtz Law attorneys to help them navigate the complexities of these claims, the vast majority of which we are able to successfully resolve. In fact, we’ve recovered compensation on behalf of our clients in 98 percent of the Lemon Law cases we’ve handled. As a result, we’ve helped put more than $70 Million back into our clients’ pockets. 

Marin County Vehicle and Lemon Law Statistics

In all of California, there are more than 35 million registered vehicles on the road. The majority of these—about 26 million—are passenger vehicles, such as cars, SUVs, minivans, and pickup trucks. Marin County is one of the less populated counties in California, with just over a quarter million residents. However, in Marin County, there are more than 237,000 registered vehicles, meaning there are almost as many vehicles as there are people. About two-thirds of the vehicles in Marin County—or 188,000—are passenger vehicles. 

According to a Frontier Group study, 7.6 million new vehicles were registered in California between 2018 and 2021. During that time, more than 34,000 Californians filed Lemon Law claims. This means between 2018 and 2021, about .5 percent of all newly registered vehicles turned out to be lemons. However, because this data relied on court filings, these figures do not include those Lemon Law cases that were settled out of court, which is quite common. That being the case, the true percentage of Lemons when looking at all new vehicles is likely significantly higher than the .05 percent figure.

What Is a Marin County Lemon Law Claim?

A Marin County Lemon Law claim involves a legal process where a car buyer seeks relief or compensation for a vehicle that fails to meet quality and performance standards. In other words, your vehicle is not of the same quality as other similar vehicles in the trade. This law applies to vehicles that have been found to be defective beyond repair after a reasonable number of attempts by the manufacturer or dealer. The aim is to protect consumers from being stuck with a “lemon,” providing a legal pathway to either get the vehicle replaced or refunded. This type of claim requires the expertise of specialized attorneys who navigate the intricacies of California’s Lemon Law to advocate for the rights of consumers facing issues with defective vehicles.

What is the Difference Between a Lemon Law Claim and a Product Recall? 

A recall involves the manufacturer addressing defects related to safety or regulatory compliance in multiple vehicles of the same model or batch, typically at no cost to the vehicle owner. A lemon vehicle, on the other hand, refers to an individual car that exhibits significant, repeated problems affecting its use, value, or safety, which remain unresolved despite multiple repair attempts under warranty. The distinction lies in the scope (recalls are mass actions for common defects, while lemon cases are individual instances of defective vehicles) and the resolution process. While some recalled vehicles are Lemons, just because a vehicle experiences a recall doesn’t mean it is a Lemon. On the other hand, vehicles that have never experienced a recall can end up being Lemons. These two inquiries may be related, but that is not always the case. 

What Types of Vehicles Are Protected Under the CA Lemon Law?

Under the California Lemon Law, various types of vehicles are protected, including new vehicles as well as used vehicles that are sold or leased with a warranty. This encompasses cars, trucks, vans, SUVs, and even motorcycles and recreational vehicles (RVs), provided they are primarily used for personal, family, or household purposes. Commercial vehicles can also be covered if they meet certain criteria. The key aspect is that the vehicle must have a defect covered by the warranty that significantly affects its use, value, or safety and cannot be repaired after a reasonable number of attempts.

How Can You Prove You Have a Lemon?

To prove you have a lemon under California law, you must demonstrate that your vehicle has a defect or defects covered by the warranty, which has or have not been fixed after a reasonable number of attempts by the manufacturer or dealership. Additionally, the defect(s) must significantly impair the vehicle’s use, value, or safety. Documenting all repair attempts, including dates, the nature of the repairs, and the number of days the vehicle was in the shop, is crucial. An experienced lemon law attorney can assist you with the documentation.  Legal criteria and documentation requirements can be complex, so consulting with a Lemon Law attorney is often beneficial for navigating the claim process.

Of course, not every defect will qualify a vehicle as a Lemon. First, the defect must affect the use, value, or safety of the vehicle. Additionally, the defect must be significant, such as engine problems, transmission failures, electrical system malfunctions, and issues with steering or brakes. On the other hand, minor defects may fail to rise to the level of a “substantial defect.” These could include minor rattles or noises, cosmetic blemishes, and normal wear and tear. Additionally, defects caused by unauthorized or improper use of the vehicle, accidents not due to a manufacturing defect, or aftermarket modifications made by the owner or third parties are generally not protected under the law.

You’ll also need to establish that the manufacturer (or their authorized agent) was given a reasonable number of attempts to cure the defect. While the California lemon law statute does not specifically define what constitutes a reasonable number of attempts, courts have held that two times may be enough. In some instances, if your vehicle is out for repairs for at least 30 days, that may substitute for a reasonable number of repair attempts.

What Damages Are Available through a Marin County Lemon Law Claim?

If you win your Marin County Lemon Law claim, you are entitled to several forms of compensation, all of which aim to address the inconvenience and financial burden of buying a defective vehicle. The primary remedies are repurchase (the manufacturer buys your vehicle back from you) or replacement (the manufacturer provides you with a new, similar vehicle). 

In the case of a repurchase, the manufacturer must refund the vehicle’s full purchase price, including taxes, registration fees, and any down payment, while subtracting a deduction for your use of the vehicle prior to the manifestation of the defect.

If you elect to receive a replacement, you will receive a new, comparable vehicle, with all the previous costs carried over to the new purchase or lease agreement. Beyond these direct remedies, the law also provides for reimbursement for incidental and consequential damages. This may include expenses you incurred as a result of the vehicle’s defects, such as towing fees, rental car costs, and repair bills not paid by the automaker that should have been.

Another critical aspect of California’s Lemon Law is the coverage of attorney’s fees and court costs, and even expenses of litigation. This provision encourages consumers to seek the best legal representation by ensuring that if their claim is successful, the manufacturer will cover the attorney fees and costs and expenses. This effectively levels the playing field between individual consumers and large automotive manufacturers by removing the financial barriers to accessing best legal representation.

The California Lemon Law aims not just to reimburse consumers but also to hold manufacturers accountable for the quality of their products. Providing a legal framework for compensation and requiring manufacturers to address defects effectively helps maintain high standards of safety and reliability in the automotive industry.

Speak with an Experienced Marin County Lemon Law Lawyer About Your Vehicle’s Issues Today

If you recently purchased a new vehicle or a used vehicle that was still under the manufacturer’s original warranty, the dedicated Marin County Lemon Law lawyers at Wirtz Law, APC, are here to help. At Wirtz Law APC, we are experts in Lemon Law cases. We’ve handled countless Lemon Law claims in Marin County and throughout the state and have connected our clients with over $70 Million in compensation for them. With our comprehensive and dedicated approach to handling these cases, we’ve secured compensation on over 98 percent of the Lemon Law cases we’ve handled. To learn more, and to schedule a free consultation with a Marin County Lemon Law attorney today with no obligations, give us a call at 858-259-5009. You can also connect with us through our online contact form.