Red Bluff Lemon Law Attorneys

As the county seat of Tehama County, California, Red Bluff always has something happening. Every day, Red Bluff’s residents, businesses, and visitors run errands, tackle their jobs, and enjoy the area’s Mediterranean climate and natural scenery. 

Those who live and work in Red Bluff often rely on their vehicles for transportation. When you buy or lease a vehicle, you expect it to be safe and reliable for you, your family, or your small business. Ongoing problems with a vehicle, however, dash your expectations of safety – and can even put you and others at risk. 

If you suspect you have a lemon vehicle, talk to the experienced Red Bluff lemon law attorneys at Wirtz Law APC today, who have actually gone to trial in Red Bluff and won the case. Of course, every case is different, and past results do not guarantee the outcome of your case.

Lemon Vehicle Statistics in Red Bluff

In 2022, the California Department of Motor Vehicles recorded over 35 million car, truck, motorcycle, and trailer registrations in the state. These registrations included 76,466 vehicles registered in Tehama County – many in Red Bluff itself. 

The DMV’s statistics include both new vehicle registrations and renewals. Among newly registered vehicles, the rate of lemon lawsuits filed in California courts is relatively low. Between 2018 and 2021, for instance, only 0.45 percent of all new vehicle registrations resulted in a lemon lawsuit. 

Yet lawsuit numbers don’t tell the whole story. Most lemon law claims are resolved out of court without filing a lawsuit. An experienced California lemon law attorney can help you reach a fair resolution of your claim. 

Automakers may become part of a lemon law claim if they sell or lease defective vehicles. Research shows that some automakers come up in lemon lawsuits more often than others, however. 

Between 2018 and 2021, the five automakers named most often in California lemon law cases included:

• General Motors
• Jaguar Land Rover North America
• Fiat Chrysler Automobiles
• Nissan North America
• Ford Motor Company

The automakers that appeared the least often included Toyota Motor Sales and Mazda Motor of America. 

It is also important to distinguish between lemon law claims and actual defects. In 2021, for example, about 10,000 lemon lawsuits were filed in California courts. Yet over 6 million vehicles on California roads that year had at least one recalled issue that had not been fixed. 

Common Types of Issues with Lemon Vehicles in Red Bluff

Regarding lemon law claims, no two vehicles have identical problems. A study of the issues discussed in 2021 lemon lawsuits found dozens of different vehicle problems named. Here are just a few examples:

• All-wheel drive
• Batteries
• Brakes, including emergency braking systems
• Fuel system components, like filters, injectors, and sensors
• Steering issues, including power steering problems
• Structural components like engine mounts and strut assemblies
• Transmission components like clutches and control modules

Problems with vehicle parts on this list can result in serious crashes or injuries. Even if no one gets hurt, the vehicle may be unreliable or undriveable. Owners of these vehicles can face constant struggles to get their cars fixed and handle alternative transportation. 

What California’s Lemon Law Covers

In 1970, California passed the Song-Beverly Consumer Warranty Act 一 the foundation of today’s lemon law. The Song-Beverly Act gives consumers certain rights when they purchase products, including vehicles. 

The 1970 version of California’s lemon law looks different than it does today. Several amendments and changes have expanded the state’s lemon law and clarified its original terms. 

Which Vehicles and Owners are Covered by California Lemon Law?

A vehicle is covered by California’s lemon law if it is purchased “at retail.” Most retail purchases are made from dealerships. Recently, however, some automakers have begun to offer purchases directly from the manufacturer. Both types are covered under the lemon law.

The purchased vehicle, whether new or certified pre-owned, must be covered by an original manufacturer’s warranty or a certified pre-owned (CPO) warranty when the problems begin. 

People who buy a new vehicle or certified pre-owned for personal use are generally covered under the lemon law. Those who lease a vehicle are covered as well. Even some small business owners can seek protection under the lemon law. 

In addition, a vehicle owner or lessee must give the automaker a “reasonable” number of tries to fix the issue. What is “reasonable” is often decided on a case-by-case basis, but it is often only two attempts. Generally speaking, however, if the manufacturer has tried several times to fix the problem or the vehicle has been in their possession for more than a month total, they may have had a reasonable amount of time, which will satisfy the Lemon Law requirement for a reasonable number of attempts. 

Does Lemon Law Cover Small Businesses?

California’s lemon law covers certain small businesses in addition to individual vehicle owners or lessees. 

For a small business, the warranty and repair requirements of the lemon law apply, just as they would for an individual vehicle owner. In addition, to seek protection under the lemon law:

• The business must own five or fewer vehicles total, including the suspected lemon, and
• The suspected lemon vehicle must have a total weight (gross vehicle weight or “curb weight”) under 10,000 pounds. This is the vehicle’s weight when it contains no cargo or people.

A business that doesn’t meet lemon law requirements may nevertheless have other options for seeking compensation. Talk to an experienced Red Bluff lemon law attorney to understand how the law applies to your business. 

California Lemon Law Protects Military Servicemembers

California lemon law only applies to vehicles purchased or leased in the state of California – in most cases. 

Those on active duty with the United States armed forces, however, may bring a lemon law claim even if they bought or leased their vehicle in another state. This exception recognizes that military servicemembers often have little or no control where they are stationed, yet they may still need the protection of laws that recognize the problem lemon vehicles cause. 

Other requirements, such as the warranty requirement and “reasonable attempt to repair” requirement, still apply. 

Compensation Under Lemon Law in Red Bluff

California’s lemon law is famous for its “replacement or refund” clause. Many people, both California residents and others, know that the state’s lemon law requires an automaker to provide a similar replacement vehicle or a refund to an owner – and that the owner can choose which one they prefer. 

Yet this isn’t the only compensation California lemon law offers. The law also covers three additional types of compensation.

First, the lemon law requires automakers to pay “incidental and consequential damages.” These are expenses connected to the problems with your vehicle. If you had to pay a tow truck to get your car to the dealership, for instance, the towing bill may fall in this category. The costs of a rental car, bus pass, or other form of transportation when your car is in the shop also fall in this category.

Also, California lemon law requires the automaker to pay your reasonable attorney’s fees, costs, and expenses if you win your claim. This requirement helps ensure that vehicle owners can work with an experienced Red Bluff lemon law attorney – and that doing so will cost them little or nothing out of pocket. 

Finally, you can also get civil penalties if you establish that the automaker willfully failed to buy back or replace your car. Civil penalties can be as much as two times the amount of your actual damages and are in addition to those actual damages. The civil penalties help ensure the automakers don’t treat other consumers like they have treated you.

Talk to an Expert Red Bluff Lemon Law Attorney Today

Talk to an expert lemon law attorney as soon as possible if you think you have a lemon vehicle. When looking for legal representation: 

• Look for attorneys with experience. California’s lemon law has several specific requirements. The best lawyer for your case will have a track record of successfully settling or winning claims at trial on behalf of lemon law clients. 
• Ask how your attorney will be paid. California law requires automakers to pay attorney’s fees for vehicle owners if the vehicle owner wins their claim. In addition, the best lemon law attorneys will agree to work “on contingency,” 一 which is payment based on the success of your lemon law claim.   This arrangement can help you get the representation you need at a cost you can afford.
• Will your attorney seek maximum damages or a quick settlement.  There are plenty of attorneys claiming they are experts and experienced in California lemon law. But the most experienced and best attorneys should seek maximum damages and stay the distance all the way to trial if necessary.
• Be cautious about arbitration. Arbitration is an alternative to a court trial. Many automakers include clauses in their contracts requiring vehicle owners to bring lemon law claims to arbitration. Yet arbitration isn’t always the best option 一 and it may not be your only option, even if your purchase agreement or the automaker says otherwise. Always ask a dedicated attorney for advice regarding arbitration in your case. You may only have 30 days to opt out of arbitration with some manufacturers like Tesla.  Be cautious and prudent.

A lemon vehicle earns its name. What you thought would be a safe, reliable source of transportation turns into a sour experience that makes your days uncertain, bitter, or even dangerous. Instead of going to work, traveling, or carrying out daily business tasks, you’re stuck on the side of the road – facing towing bills, scrambling for a ride, and facing frustration with your vehicle and the automaker that increases with every breakdown. You may even face risks to your safety and health. 

If you suspect you have a lemon on your hands, don’t wait. Talk to the experienced Red Bluff lemon law attorneys at Wirtz Law APC today. We’ll help you understand your legal options and fight for the compensation you deserve. Contact us today to schedule a free, confidential case evaluation with one of our dedicated California lemon law attorneys.