Placer County Lemon Law Attorneys

Nestled in the heart of the Gold Country, California’s Placer County is home to over 400,000 Californians. Placer County’s forests, the natural beauty of Lake Tahoe, and scenic towns like Auburn and others along I-80 all invite businesses, tourists, and other visitors to visit the area throughout the year. 

Placer County’s origins include serving as a transportation and shipping hub for California’s farmers, timber industry, and gold miners. Today, Placer County residents, workers, and visitors still rely on transportation networks to help them carry out daily tasks. For many, this means relying on their family or small business vehicle.

When Auburn families buy a new or certified pre-owned vehicle, they expect to receive a reliable car that can transport them whenever they need to travel. Hidden defects and persistent vehicle problems can dash this expectation, causing ongoing problems – or even putting drivers’ and passengers’ safety at risk. 

If you’re dealing with stubborn vehicle problems the dealership can’t seem to fix, you may have a lemon on your hands. California lemon law protects Placer County residents in these situations. Speak to an experienced Placer County lemon law attorney today to learn more. 

Vehicle Registrations and Lemon Vehicle Rates in Placer County

In 2022, the California Department of Motor Vehicles (DMV) recorded 462,742 total vehicle registrations in Placer County. These registrations included both first-time registrations and renewals. They covered over 304,000 autos, more than 91,000 trucks, and nearly 14,000 motorcycles. 

For many first-time vehicle registrants, registration was a simple step in the process of owning a safe, reliable vehicle. For some, however, registering their vehicle may have been the only simple step in an otherwise endless parade of frustrations and headaches. 

A study of lemon vehicles in California by the California Public Interest Research Group (CALPIRG) found that between 2018 and 2021, the California DMV processed over 7 million new vehicle registrations statewide. Relatively few of these registered vehicles – only 0.45 percent – later became the subject of a lemon lawsuit in state court. 

Lawsuit numbers don’t reveal the entire scope of the lemon vehicle problem, however. These numbers understate Californians’ struggles with lemon vehicles in two ways:

• Most lemon law claims don’t end up in court. Instead, they’re negotiated between the automaker and the vehicle’s owner. Vehicle owners who work with experienced lemon law attorneys tend to experience better outcomes in these negotiations. 
• Millions of unrepaired, recalled vehicles are still on California roads. CALPIRG estimates that up to 6 million vehicles may be on California roads today with at least one major defect that has been recalled, but not repaired. 

In short, Placer County has a larger lemon vehicle problem than court records alone can reveal. 

While any automaker may produce a lemon, some automakers have a better track record of offering reliable vehicles than others. CALPIRG’s data found, for instance, that Toyota Motor Sales appeared in one lemon lawsuit for every 2,029 vehicles registered in California between 2018 and 2021. Toyota’s record for reliability, based on these numbers, outweighed every other automaker studied. At the other end of the scale was GM, which appeared in one lemon lawsuit for every 78 vehicles sold in California. Californians who bought a GM vehicle between 2018 and 2021 were thus 26 times more likely to end up in court than those who bought a Toyota. 

New Vehicles and California Lemon Law

California’s lemon law applies to new vehicles purchased or leased “at retail.” Most retail purchases are made through dealerships, though some are made directly from a vehicle manufacturer. 

Under California lemon law, a vehicle owner can receive compensation for a new lemon vehicle if:

• The vehicle’s original warranty is still in force when the problems begin,
• The problems impair the owner’s use, safety or value of the vehicle, 
• The issues occur during normal vehicle use conditions (such as driving on Placer County roads), not abuse or misuse of the vehicle, and
• The automaker received a “reasonable number of repair attempts” to fix the vehicle issues, yet was unable to do so. 

Taking the vehicle to the dealership multiple times for repairs, or a vehicle that sits out of service at a dealership for more than 30 total days, typically fulfills the repair attempts requirement.  In California, a car can qualify as a lemon after as little as two attempts to fix a defect.

California lemon law includes provisions for a replacement vehicle or a refund of the vehicle’s purchase price, whichever the owner chooses. The refund or “buyback” is calculated according to a formula included in the lemon law for new vehicles. 

Used Vehicles and California Lemon Law

In addition to covering new vehicles, lemon law also covers used vehicles, if those vehicles are purchased at retail. Many types of certified pre-owned vehicles are thus included in the lemon law’s protections. 

Examples of used vehicles that may be covered by lemon law include:

• Vehicles purchased from a dealership after the vehicle had a previous private owner.
• Vehicles that served as dealer “loaner” cars before being sold.
• Vehicles that were leased before being sold.
• Vehicles that served as “demonstration” vehicles before being sold. 

As with new vehicles, used vehicles must be under a warranty or similar guarantee. For instance, a former loaner vehicle may be covered by lemon law due to its prior status as a loaner. A vehicle purchased used after lease may be covered by a certified pre-owned (CPO) warranty. Like new vehicles, a used vehicle must undergo a “reasonable number of repair attempts” by the automaker (typically through the dealership) before the lemon law can apply. 

Lemon law provisions are equally clear for used vehicles as they are for used ones.  If your vehicle qualifies as a lemon, an experienced Placer County lemon lawyer can help you calculate the appropriate buyback amount and negotiate your maximum damages. 

Small Business Protections in Placer County

Lemon law covers vehicles purchased or leased for personal, family, and household use. It also covers some vehicles purchased or leased by small businesses. 

A small business can seek lemon law protection if:

• The vehicle’s curb weight, or gross vehicle weight (GVW), is less than 10,000 pounds, and
• The business owns five or fewer vehicles in total. 

Businesses or vehicles that do not meet these requirements may be unable to bring a lemon law claim. However, they may have other legal options. Speak to an attorney to learn more about how California’s laws apply to your situation. 

Compensation Under California Lemon Law

California’s lemon law provides three main forms of compensation for losses related to owning or leasing a lemon vehicle: refund or replacement, incidental and consequential damages, and attorney’s fees and litigation costs.

The refund or replacement provision seeks to compensate the owner of a lemon vehicle for the vehicle itself. This provision allows the vehicle owner to choose whether they want a refund of the purchase price or a “substantially similar” replacement vehicle. The refund is also known as a “buyback.” 

Calculating the buyback is based on a formula set in the lemon law statute.  It includes the amount paid or payable, financing, taxes, and official fees. Some parts of the purchase are not included, like dealer add ons. Working with a knowledgeable lemon law attorney who represents your interests can maximize your chances of reaching a your best buyback amount that follows the requirements of California law. 

Incidental and consequential damages seek to compensate the owner of a lemon vehicle for expenses the owner wouldn’t have incurred if the vehicle worked as intended. For example, if you’ve racked up thousands in towing fees to have your vehicle taken to the dealership after repeated breakdowns, you may submit evidence of those fees for compensation under incidental and consequential damages. Other common types of incidental and consequential damages include bus fares, rideshare fees, or the cost of a rental vehicle so that you have reliable transportation while your car is in the shop. 

Finally, California lemon law requires automakers to pay the reasonable attorney’s fees and costs of litigation of vehicle owners who demonstrate they own or lease a lemon vehicle. This provision helps ensure that vehicle owners can work with an experienced Placer County lemon law attorney of their choosing without racking up large legal bills. If your attorney helps you win your case, the automaker pays the attorney fees, costs, and expenses. The best lemon law attorneys never never have any out of pocket expenses you have to pay to pursue your claim.

What if you and your attorney can’t win your case? Many California lemon law attorneys also work “on contingency,” which means they do not charge a fee unless they recover compensation for you. Your best decision is to find a lemon law firm that works on a contingency. Talk to an attorney today to learn about how contingency agreements work and how they can help you receive representation while minimizing your out-of-pocket expenses.

Talk to an Experienced Placer County Lemon Law Attorney Today

If you’re dealing with a lemon vehicle, your days and weeks are full of headaches. It’s time you received help that made your current situation simpler, not more difficult.

Talk to an experienced Placer County lemon law attorney today. Your best decision is to contact the team at Wirtz Law APC who can help you understand your legal rights and consider your options. Reach out to us today to schedule a free, no obligation, confidential case consultation.