Paso Robles Lemon Law Attorneys

Experienced Consumer Rights Attorneys Dedicated to Connecting Owners with Fair Compensation for Defect Vehicles

It’s hard to imagine living in San Luis Obispo County—especially Paso Robles—without a vehicle. Thus, it makes sense that there are more cars registered in SLO County than there are residents. Dealing with any vehicle-related problem is a headache, to say the least; however, if your new or used vehicle is spending more time in the shop than on the road, you may have a Lemon on your hands. 

A “Lemon” is a term used to describe a vehicle that experiences persistent defects that affect the use, safety, or value of the vehicle. California lawmakers have passed legislation that allows owners of defective vehicles to seek compensation from manufacturers. Each year, consumers file thousands of Lemon Law claims, which can provide them with meaningful compensation. 

At Wirtz Law APC, our expert Paso Robles Lemon Law attorneys are dedicated consumer rights advocates who have a long history of helping vehicle owners recover compensation for the defective vehicles that were sold to them. We understand the frustration that comes along with realizing you’ve purchased a Lemon and strive to make the recovery process as easy on you and your family as possible. Our lawyers also have a better-than-97 percent success rate, meaning you know that when Wirtz Law APC is on your case, you can rest assured that you are in good hands. 

What Is a Lemon Vehicle Under California Law?

As a brief overview, under California law, a “lemon” is defined as a vehicle that exhibits defects that substantially impair its use, value, or safety. These defects must occur within the time and mileage limits of the manufacturer’s warranties.  

The CA Lemon Law applies to new vehicles, including cars, motorcycles, and RVs, purchased or leased in California that are still under the manufacturer’s original warranty. To qualify as a lemon, the vehicle must have undergone a reasonable number of repair attempts, which can be as few as two times. The California Lemon Law also covers used vehicles if they are still under a manufacturer’s warranty and meet the other criteria. 

Read on to learn more about how to prove your vehicle is a Lemon, how to file a Paso Robles Lemon Law claim, and what damages you may be entitled to. 

California Lemon Law Statistics

California has over 36 million registered vehicles. Most of these—26 million—are passenger vehicles such as cars, SUVs, and pickup trucks. In San Luis Obispo County, which has more rural areas than most California counties, there are more than 316,000 registered vehicles, slightly over two-thirds of which are cars, trucks and SUVs.

According to a study conducted by a leading research organization, for the three years between 2018 and 2021, there were 7.6 million new vehicles registered in California. During that same period, there were just over 34,000 Lemon Law claims. Thus, according to this study, between 2018 and 2021, about .5 percent of all newly registered vehicles were ultimately found to be lemons. However, it is important to note that these figures do not include those Lemon Law cases that were settled out of court, which, in our experience, is very common. 

More recently, the number of California vehicle registrations has increased substantially to 14.3 million vehicles in 2021. About eight million of these registrations were renewals, which means that the remaining six million were new car registrations. 

Proving Your Vehicle Is a Lemon

Proving that your vehicle is a “Lemon” under California law requires a systematic approach that follows the specific requirements set by the CA Lemon Law. This process generally entails demonstrating that your vehicle has a defect that substantially impairs the use, value or safety of the vehicle and is covered by the warranty, that the defect persists despite reasonable attempts to repair it, and that these issues occurred within the specified timeframe or mileage of your manufacturer’s warranties. 

Below is a detailed breakdown of the steps involved:

Understand the Lemon Law Criteria

The first step is understanding the criteria that define a Lemon vehicle in California. This includes having a defect that substantially impairs use, value or safety, covered by the manufacturer’s warranty, and significantly impacting the vehicle’s use, value, or safety. Note that not all defects will qualify for Lemon Law protection. For example, minor cosmetic defects, defective accessories, or unusual noises not caused by a defect may not rise to the level of a “substantial defect.” However, most issues involving brakes, engine, steering, suspension, or the vehicle’s transmission are substantial defects. 

Keep Detailed Records

Document everything related to your vehicle’s issues and the lengths to which you’ve gone to fix them. This includes repair orders, receipts, and any communication with the dealership or manufacturer. Each repair document should clearly state the problem reported, the date of the repair, and the actions taken by the dealership. If you have documents that seem to be missing some of this important information, follow up with the dealership or mechanic. 

Ensure You’ve Met the “Reasonable Number of Repair Attempts” Element

California law typically considers a vehicle a lemon if it has undergone a reasonable number of repair attempts. This usually means at least two attempts. If the vehicle is in the shop for more than 30 days for warranty repairs, this may also qualify. Note that the 30-day requirement does not mean that the vehicle needs to be in the shop for 30 days in a row; 30 days over the course of time may be sufficient. 

Consult Your Manufacturer’s Warranty

Review your manufacturer’s warranty to understand the coverage and limitations. The defect must be one that is covered under the warranty. It is also important to ensure that you offer the car for repair to the manufacturer’s authorized repair facility as soon as possible. The defect must arise while the warranty is active, and you should present the vehicle for repair during the warranty to the dealer during the warranty period. The sooner you can notify the manufacturer, the better. 

Use Authorized Dealerships for Repairs

Although going to the dealership for repairs can be more expensive than a local repair shop, you should ensure all warrantable repairs are done at authorized dealerships. Repairs done elsewhere may not be considered valid under the Lemon law.

Consider the Timeline

Be mindful of the timeline; the defects should occur within the Lemon Law’s specified timeframe or mileage.

Seek Legal Advice

Lemon Law in Paso Robles cases can be complex, and it’s often beneficial to seek legal advice from an experienced Paso Robles Lemon Law attorney. At Wirtz Law APC, we can help you navigate the process, handle negotiations with the manufacturer, and ensure that all legal requirements are met.

Prepare for Arbitration or Litigation

If a settlement cannot be reached with the manufacturer, the case may go to arbitration or litigation. Be prepared to present all the evidence, including repair records, communication with the manufacturer, and any expert testimony. Your Paso Robles Lemon Law lawyer will handle this aspect of your case for you. 

Understand the Potential Outcomes 

If your vehicle is deemed to be a Lemon, the manufacturer is usually required to either replace the vehicle with a new one or repurchase it from the owner. Understanding these options and their implications is important.

Document Your Vehicle’s Condition and Usage

Keep a log of your vehicle’s condition and how its issues affect your ability to use it the way you normally would. This can support claims about how the defect impairs the vehicle’s use, value, or safety, which are crucial to establishing your damages. 

By meticulously following these steps and ensuring that all the legal criteria are met, you can more easily prove that your vehicle is a Lemon under California law. 

Damages in a Paso Robles Lemon Law Lawsuit

The CA Lemon Law provides specific damages for consumers who have purchased or leased a new or used vehicle that turns out to be a lemon. These damages ensure that you are not left with a defective vehicle or the financial burden of continually dealing with a defective vehicle. The most common damages in a Paso Robles Lemon Law claim include the following:

Refund

The manufacturer may be required to refund the purchase price you paid for your vehicle. This includes any down payment, monthly payments, and other costs associated with the purchase (such as sales tax, registration fees, finance charges, etc.). If you have a loan on the vehicle, the manufacturer will be responsible for paying off the remaining balance. 

Note that the manufacturer is permitted to deduct a portion of the refund based on your regular use of the vehicle before you discovered the defect. 

Replacement Vehicle

If you are successful in bringing a claim, the manufacturer can also be required to replace your vehicle with a new one. This is your choice and can’t be mandated by the manufacturer.  The new vehicle must be substantially similar to the vehicle being replaced. This replacement should be free from the defects that caused the original vehicle to be classified as a lemon.

Consequential and Incidental Charges

The California Lemon Law requires that the manufacturer compensate you for any “consequential or incidental charges,” which could include sales tax, registration fees, and similar governmental charges. You may also be eligible to recover incidental damages, like towing and rental car expenses, that were incurred as a result of your vehicle being out of service.

Civil Penalties

In those Lemon Law cases where the manufacturer willfully failed to comply with the CA Lemon Law, the court has the option to award a civil penalty. A civil penalty is in addition to your other damages. Civil Penalties are designed to deter vehicle manufacturers from committing future violations of the California Lemon Law. A civil penalty can be up to two times the amount of your actual, incidental, and consequential damages. Thus, your maximum recovery in a Paso Robles Lemon Law claim is equal to approximately three times your actual, consequential, and incidental damages. 

Attorney’s Fees and Costs

If you succeed in bringing a Lemon Law case, the manufacturer will be responsible for your attorney’s fees and court costs, and even your expenses. While this may not initially seem to benefit consumers, it is actually quite helpful. For example, forcing manufacturers to cover consumers’ lawyer’s fees encourages vehicle owners to seek out the best Paso Robles Lemon Law attorney they can find, which will increase their chances of success. This part of the law also makes it possible for Lemon Law lawyers to take cases on a contingency basis, which means a lawyer takes the case for no fee upfront and will not charge the vehicle owner anything at all unless the claim is successful. Some San Luis Obispo Lemon Law attorneys will even advance litigation costs, meaning there is no financial downside to bringing a claim—even if it ends up being unsuccessful. 

Are You Interested in Learning More About the California Lemon Law?

If you recently bought a new or used vehicle that was still under the manufacturer’s original warranty, and your vehicle has been in the shop more often than you’d expect, contact the dedicated Paso Robles Lemon Law lawyers at Wirtz Law APC. At Wirtz Law APC, our dedicated attorneys have a long history of helping vehicle owners and lessees obtain the functioning vehicle that they thought they were getting in the first place. We recognize the frustrations that come along with realizing you own a Lemon, and we strive to make the claims process as easy on you as possible. We also have a better-than-97 percent success rate among the Lemon Law cases we’ve handled and have recovered more than $50 million on behalf of our clients. To learn more, and to schedule a free consultation with a Paso Robles Lemon Law attorney at Wirtz Law APC, call 858-259-5009 today. You can also contact us through our secure online contact form.