Palmdale Lemon Law Attorneys

Highly Experienced Vehicle Defect Lawyers Effectively Bringing Lemon Law Claims on Behalf of Antelope Valley Residents 

When you buy a new car, you trust that your recent purchase will serve as a reliable means of transportation for years to come. That’s why you spent tens of thousands of dollars. However, in this age of mass production, even the highest-rated brands experience problems from time to time. Often, these issues are resolved with a single, but inconvenient, trip to the dealer. But for those who have needed to take their car, truck, or SUV into the shop repeatedly for the same problem or multiple problems, it takes away any benefit of buying a new car. The good news is that California’s Lemon Law protects you in this situation by requiring a manufacturer to either buy back or replace those vehicles determined to be “Lemons.”

At Wirtz Law APC, our experienced Palmdale Lemon Law attorneys have decades of hands-on experience effectively assisting vehicle owners with getting the compensation they need to make themselves whole after unknowingly buying a Lemon. We are savvy negotiators and end up resolving most of the cases we handle without the need for a trial. However, because sometimes the automakers refuse to settle Lemon Law claims in Palmdale and throughout California, we do end up trying more lemon law cases to a jury in a year than many lawyers will in their lifetime. And across all the cases we’ve handled, we have a 97 percent success rate. 

What Is a “Lemon”?

Simply put, a Lemon is a vehicle that not only continues to experience the same or similar defects despite the owner’s repeated attempts to resolve the issue, but multiple issues as well. However, to better understand what a Lemon is, it’s important to have a firm grasp of the California Lemon Law. 

The California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, protects consumers who purchase or lease a new or CPO used vehicle covered by a manufacturer’s new car warranty but which turns out to be flawed to the point where it cannot be repaired to conform to the warranty after a reasonable number of attempts. Below are a few of the most important things to know about the Lemon Law:

Eligibility: The law primarily applies to vehicles purchased or leased in California for personal, family, or household purposes. It also covers some business-use vehicles.

Manufacturer’s Duty: If the manufacturer or its authorized dealers can’t repair a vehicle to conform to its warranty after a reasonable number of attempts, they must either refund the purchase price or replace the vehicle( the choice is at the discretion of the consumer), minus an amount for the vehicle’s non-defective use.

Reasonable Repair Attempts: While the law doesn’t specify a set number, it generally means two or more repair attempts. If the vehicle is in the repair shop for cumulative repairs of more than 30 days (not necessarily consecutive), it might also qualify.

Duration: The protections apply for the duration of the manufacturer’s original warranty period.

It’s essential to maintain all records of repairs, communications, and transactions regarding your vehicle. If you believe you have a “Lemon,” it is important to consult with a Palmdale Lemon Law attorney who will provide clarity and help you effectively and efficiently pursue your claims. 

How Common Are Lemon Law Claims in California?

There are more than 36 million registered vehicles in California. Most of these, approximately 26 million, are passenger vehicles, including cars, SUVs, and pickup trucks. In Palmdale and the rest of Los Angeles County, there are more than eight million registered passenger vehicles. This is more than the population of some states!

Regarding the number of Lemon Law claims filed in California, between 2018 and 2021, 7.6 million people registered a vehicle in California, resulting in just over 34,000 Lemon Law Claims. This means between 2018 and 2021, about .5 percent of all newly registered vehicles were lemons. Of course, this does not include Lemon Law cases that were resolved out of court. This is significant because the vast majority of Lemon Law cases settle. 

What Counts as a “Defect” Under the Cali Lemon Law?

The basic idea behind the CA Lemon Law is to protect the consumer from buying a vehicle that has a defect or malfunction that substantially impairs the use, value, or safety of a vehicle. For example, minor defects that do not affect a vehicle’s use, value, or safety probably won’t trigger the Lemon Law protections. On the other hand, mechanical issues, such as faulty brakes or a defective steering mechanism, stalling, hesitation, and computer malfunctions, among many other problems would likely fall within the scope of the Lemon Law. 

What Constitutes a “Reasonable Number of Attempts”?

Owning or leasing a vehicle that has a defect in materials or workmanship, doesn’t automatically mean you have a Lemon Law claim. This is because the Lemon Law only kicks in after you’ve taken the car in to get fixed a “reasonable number of times.” And, while the California Lemon Law statute doesn’t define what constitutes a reasonable number of times, case law interpreting the statute has held that at least two attempts may be enough to be a reasonable number of attempts. You may also meet the reasonable number if your vehicle is in the shop for 30 or more days without getting fixed.

Of course, proving that you’ve met the “reasonable number of attempts” element is something that an experienced Palmdale Lemon Law attorney at Wirtz Law APC can help you determine if you are eligible.

What Can You Recover in a Successful Lemon Law Claim?

If you have a Lemon vehicle in Palmdale, you may be entitled to various damages under the state’s Lemon Law. Below is a list of potential damages you might be able to recover. Keep in mind, however, that no two cases are the same, and damages depend on the specific facts of each case. Past results are not a guarantee of the outcome of your case. 

Buyback or Repurchase: A repurchase, also called a buyback, is when the manufacturer refunds the actual price you paid for the vehicle, essentially buying it back from you. A buyback will compensate you for the down payment, monthly payments, sales tax, financing, and may include any trade-in equity value. If there’s a buyback, the manufacturer is allowed a credit for the use the consumer got out of the vehicle before the first repair attempt. This is calculated using a formula based on mileage. Additionally, If you have an outstanding loan on the vehicle, the manufacturer must pay off the loan balance as part of the buyback.

Vehicle Replacement: The manufacturer of a Lemon can be required to replace the vehicle with a new vehicle. The new vehicle should be substantially identical to the vehicle replaced. Vehicle replacement is one of the most common Lemon Law remedies; however, if you are not interested in a new vehicle, you can demand a buyback instead. 

Incidental and Consequential Damages: Incidental damages include the costs you incurred as a result of the defect or repair process. For example, incidental damages in a Palmdale Lemon Law lawsuit might include car rental fees, towing expenses, and repair costs not covered by the warranty. Consequential damages may even include a “cover” vehicle, which is a vehicle purchased to use in lieu of the defective unrepaired vehicle.

Attorney’s Fees: If the claim is successful, the manufacturer may have to pay your attorney fees, costs, and expenses. This is a tremendous benefit for vehicle owners, as they will not be required to use any of the money they recover to pay for their legal fees. 

Civil Penalties: In some cases, where it can be proven that the manufacturer willfully violated the law, the court may award a civil penalty. This can be up to two times the actual damages.

Frequently Asked Questions:

Does the CA Lemon Law Cover Used Vehicles?

Yes, in some cases, the California Lemon Law applies to used vehicles, particularly vehicles purchased under a Certified Pre-Owned (CPO) warranty.  However, the Lemon Law only covers used vehicles that are still under a manufacturer’s warranty.  In contrast, many dealerships sell extended service contracts mislabeled as a warranty. Extended service contracts are not covered by the Lemon Law.

Does the Lemon Law Apply to Leased Vehicles?

Yes, the California Lemon Law covers leased vehicles, provided they are otherwise eligible. 

Is a Vehicle Covered Under the Lemon Law if It Was Leased by a Business?

The CA Lemon Law does apply to vehicles leased by businesses. However, the vehicle must weigh less than 10,000 pounds, and the business must lease five or fewer vehicles. 

How Long Do You Have to File a Palmdale Lemon Law Claim?

The California Lemon Law provides a four-year deadline to file a Lemon Law claim. This four-year period should start at the end of the warranty, which is the time where the vehicle can no longer be fixed under the warranty. However, some courts may apply a shorter limitation to bring an action, such as starting the clock on the day when you first experience a problem that falls under the vehicle’s warranty. However, keep in mind that the Lemon Law only covers you for problems and defects that arise during the period when your vehicle’s new car warranty is in effect. 

Is a Lemon the Same Thing as a Recalled Vehicle?

A recalled vehicle may be a Lemon and vice-versa, but that is not always going to be the case. For purposes of the California Lemon Law, the two are independent. A product recall is a manufacturer’s request for consumers to bring back their vehicle based on some problem with the vehicle. For example, if a manufacturer learns that the brakes used in a vehicle are prone to sticking, the manufacturer could decide to issue a recall rather than deal with complaints and potential personal injury lawsuits in the event of an accident. When a manufacturer recalls a vehicle, they will typically perform the needed repair at no cost to the consumer. Importantly, because recalls are expensive, vehicle manufacturers tend only to issue a recall when the underlying problem deals with the safety of the vehicle. 

A “Lemon” vehicle under the CA Lemon Law is different. Here, the focus is not only on the existence of a defect that substantially impairs use, value, or safety, but also whether the manufacturer was able to cure the defect within a reasonable number of attempts. If so, the vehicle is probably a Lemon. So, while both recalled vehicles and Lemons have defects, the two differ in terms of the manufacturer’s duty and the available remedies to the consumer. Further, the underlying defect in a Lemon Law case doesn’t necessarily need to affect the safety of the vehicle. 

Did You Recently Purchase a Vehicle That You Think May Be a Lemon?

If you recently purchased a new vehicle or one that is still under the original manufacturer’s warranty, and you’ve dealt with repeated trips to the dealer or mechanic, you may have a Palmdale Lemon Law claim. While the California Lemon Law provides that the manufacturer may need to buy back or replace your vehicle, don’t expect the manufacturer to admit its vehicle was defective. However, at Wirtz Law APC, our dedicated team of Palmdale Lemon Law lawyers can help. We have over a decade of practical experience successfully resolving Lemon Law claims on behalf of California vehicle owners and lessees. We recognize how frustrating it is to pay good money for a bad car, and are here to help you get the benefit of the bargain you agreed to. To learn more, and to schedule a free consultation with a Palmdale Lemon Law attorney at Wirtz Law APC, call 858-259-5009 today. You can also contact us through our secure online contact form.