Nevada County Lemon Law Attorneys

Nevada County, California is a picturesque locale in the Sierra Nevada, part of the state’s Mother Lode Country. Nevada City, the county seat, was the first location in the United States to lay claim to the name “Nevada” – beating out the state by nearly 13 years. It’s also the site of the first long-distance telephone, the first California towns with electric lighting, and the first uses of the Pelton wheel to generate hydroelectric power. 

Today, Nevada County is home to over 100,000 residents. Thousands more visit Nevada City and surrounding areas to visit historical sites and enjoy the county’s unparalleled natural beauty. Businesses, schools, and other venues welcome visitors throughout the year. 

Whether you live in Nevada County or merely pass through, you rely on your vehicle for safe, reliable transportation. When that vehicle is a lemon, reliability is exchanged for frustration, headaches, and even hidden dangers threatening drivers and passengers.

If you’re dealing with a lemon vehicle, don’t wait. Talk to the experienced Nevada County lemon law attorneys at Wirtz Law APC. We’ll help you understand your legal rights and take steps to protect yourself and your family or small business. 

Vehicle Registrations and Lemon Vehicle Rates in Nevada County

In 2022, the California Department of Motor Vehicles (DMV) recorded nearly 130,000 total vehicle registrations in Nevada County. These registrations included nearly 70,000 autos and over 29,000 trucks. They covered both new vehicle registrations and renewals. 

Each of these registrations represents a vehicle owner who relies on that vehicle to do its job – every time. Most vehicles live up to those expectations, with only the occasional problem that needs repair or maintenance. When a vehicle is a lemon, however, the expectation of reliability is quickly dashed by the reality of breakdowns and problems – issues the dealership can’t seem to fix.

How common are lemon vehicles in California? A study by the California Public Interest Research Group (CALPIRG) sought to answer this question. Researchers found that of the 7 million new registrations the California DMV recorded between 2018 and 2021, just over 34,000 of the vehicles became the subject of a lemon lawsuit in court.

Yet these numbers don’t tell the whole story. First, most lemon vehicles don’t become the subject of a courtroom trial. Instead, these cases are negotiated and settled between the vehicle owner’s experienced Nevada County lemon law attorney and the automaker’s lawyers. Many owners of lemon vehicles work toward and win compensation without having to go to trial. 

Second, CALPIRG estimates that millions of vehicles on California roads have at least one major unrepaired defect – typically the subject of a recall. These vehicles have the potential to cause harm or land themselves on lemon lists without their needed repairs. 

Which Vehicles Pose Risks to Owners?

Any automaker can produce a lemon vehicle. In practice, however, some automakers have a longer track record of selling lemons than others.

By tracking the number of vehicles sold per lemon law case, CALPIRG tranked many major automakers for their likelihood of selling lemon vehicles in California. The top five automakers in the rankings included:

• General Motors: 1 lemon law claim per 78 vehicles sold
• Jaguar Land Rover North America: 1 lemon law claim per 83 vehicles sold
• Fiat Chrysler Automobiles (now Stellantis): 1 lemon law claim per 107 vehicles sold
• Nissan North America: 1 lemon law claim per 115 vehicles sold
• Ford Motor Company: 1 lemon law claim per 148 vehicles sold

At the other end of the scale were Toyota Motor Sales, with one lemon law claim per 2,029 vehicles sold, and Mazda Motor of America, with one claim per 1,571 vehicles sold. Kia, Porsche, Mercedes-Benz, and Hyundai fell in the middle of the pack. 

California Lemon Law Basics

California lemon law applies to vehicles that are purchased or leased “at retail.” A vehicle is bought or leased at retail when the transaction is handled through a dealership or when the owner gets the vehicle straight from the manufacturer. 

California lemon law applies to both new and used vehicles. Generally speaking, the following conditions apply:  

• The vehicle must have a warranty in effect that covers the problems. 
• The problems must be significant enough to impair the owner’s use, value, or safety of the vehicle.
• The problems arise during “normal use” of a maintained vehicle – not during abuse or misuse.
• The owner gave the automaker a “reasonable” number of repair attempts, but the problems persisted.

The number of repair attempts deemed “reasonable” often depends on the specific facts of each situation. Factors like what is wrong with the vehicle, how many times the owner took it to the dealership for repairs, how long the vehicle sat at the dealership for repair, and similar questions may arise. However, two times in for repair or 30 days has been found by the courts to be enough. To help build your lemon law claim, keep all the paperwork from the dealership, and take notes of what the repair teams tell you and when. 

Both new and used vehicles may be covered by lemon law as long as they meet the requirements above. “Used vehicles” is a broad category. Types of used vehicles that may be covered under lemon law include:

• A vehicle purchased from a dealership after having another, private owner.
• A vehicle that served as a “loaner” car for the dealership before being sold.
• A vehicle the dealership used as a “demonstrator” for drivers interested in new vehicles before it was sold. 
• A vehicle that was leased to another driver before being sold. 

These vehicles are often under certified pre-owned (CPO) warranties or other types of guarantees. As long as these guarantees are in force when the issues begin, lemon law may apply. Speak to an attorney to learn more. 

Compensation Under California Lemon Law

California’s lemon law provides for compensation for vehicle owners or lessees who have a lemon on their hands. Under the lemon law, compensation is typically sorted into three categories: refund or replacement, incidental and consequential damages, and attorney’s fees.

Refund or replacement provisions in the lemon law focus on compensating a lemon’s owner for the vehicle itself. Under these rules, a vehicle owner may seek either a refund of the vehicle’s purchase price or a “substantially similar” replacement vehicle for the lemon. The vehicle owner gets to choose whether they want a refund or a replacement. 

California lemon law provides a specific formula for calculating the value of a refund or “buyback” when a vehicle is purchased new. When the vehicle is used, the same formula applies. Working with an experienced lawyer on your side can maximize your chances of reaching your best amount that compensates you for your loss. 

Incidental and consequential damages cover losses related to your lemon vehicle that isn’t part of the vehicle itself. For example, it’s common for lemon owners to rack up towing bills when their vehicle breaks down and must be transported to a dealership. Rideshare fees, bus fares, or the cost of a rental vehicle might represent more money out of your pocket due to your lemon vehicle troubles. These are examples of costs that can be recovered as part of your incidental and consequential damages in a lemon law claim. 

Finally, California’s lemon law requires the automaker to pay the reasonable attorney’s fees, litigation costs and expenses of a vehicle owner who shows they have a lemon vehicle. This means that if you win your case, you don’t pay your attorney’s fees and costs and expenses out of pocket. Instead, the automaker pays your attorney for these amounts after you resolve your case. This provision allows California residents to receive the most experienced and best legal help they need to negotiate and win lemon law claims without worrying about the cost of hiring the very best lawyer. 

What if your attorney cannot win your case? You may still pay little or nothing out of pocket if you choose a lemon law attorney who works “on contingency.” Under a contingency fee agreement, you may owe your attorney nothing in fees if your attorney cannot help you win your case. Schedule a free consultation with a lemon law attorney to learn more about how these fee agreements work and what costs you might expect in a lemon law case. 

Talk to One of the Most Experienced Nevada County Lemon Law Attorneys Today

Buying or leasing a new or certified pre-owned vehicle is often an exciting experience. When the vehicle turns out to be a lemon, however, excitement can quickly turn into frustration – or even pose dangers to you, your passengers, and others around your vehicle. What was an exciting new purchase turned into a nightmare.

If you suspect you have a lemon on your hands, your best decision is to talk to the experienced Nevada County lemon law attorneys at Wirtz Law APC today. Our lawyers will expertly answer your questions and explain your options so you can take steps to protect your legal rights and seek compensation. To learn more, contact us today to schedule a free, no-obligation, confidential case evaluation with one of our dedicated lawyers.