San Diego Lemon Law Attorney
As a consumer, you expect to receive a vehicle you and your family can rely on for running everyday errands, commuting to work, or taking road trips. It is unfair to be left with a vehicle you cannot feel safe in. Although basic maintenance and repairs are expected, taking your car in for ongoing issues is problematic.
Thankfully, California lemon laws are there to protect vehicle owners. And the lemon law attorneys at Wirtz Law APC are here to protect you. Not only have we recovered over $40 million for California consumers like you, but we can also use our years of experience practicing in the San Diego area to help tip the scales in your favor. We don't just know lemon law, we know the San Diego area, along with its judges and procedures. Just as every case is unique, every county is different, and we will put our knowledge of the judges, clerks and courts of San Diego to work for you.
California Lawyers Fight to Protect Consumers
Nothing is more aggravating than when you buy or lease a new or used vehicle, which turns out to be a lemon. A car may be a "lemon" if it is purchased or leased in California as new or used and if the dealership has made as little as two unsuccessful attempts to repair your car's defects under warranty.
The lemon law provides a remedy when a vehicle fails to meet basic reliability standards. Although California courts don't require vehicle owners to hire an attorney to bring a case forward, facing automobile manufacturers will be arduous. However, you don't have to do it alone. The experienced San Diego lemon law attorneys at Wirtz Law APC are here to help. We bring years of experience and have recovered over $40 million for California consumers like you.
What is California’s Lemon Law?
California’s Song-Beverly Consumer Warranty Act requires various warranties for consumer goods. New motor vehicles are just one item covered by the Song-Beverly Act.
The law applies when one or more defects in a vehicle cannot be fixed after a reasonable number of attempts. The rule applies to most new vehicles, as long as the repairs are attempted under a manufacturer's new car warranty. It applies to both purchased and leased vehicles.
It's essential that the repairs to the car are under the original manufacturer's express warranty. A vehicle must be under the original warranty or a certified pre-owned (CPO) warranty to be covered by California's lemon law.
A non-manufacturer’s extended warranty, also known as an extended service contract, does not apply. If the original manufacturer’s warranty has expired, a car owner will not be able to bring a lemon law claim for defects arising afterward, even if an extended warranty is in place.
At Wirtz Law, we will never voluntarily forfeit your constitutional right to a jury trial and will fight for your maximum recovery.
Your refund can exceed the purchase price
California law allows the total refund amount to include more than just the vehicle's purchase price. The refund can also cover additional expenses such as taxes, financing, registration fees, and out-of-pocket expenses for related repairs. When you get a refund or a replacement, the manufacturer pays your attorney fees and costs. Our San Diego lemon law attorneys seek the best results for each unique claim.
Dealers in California may try to resell a lemon law buyback.
However, they must state on the vehicle’s title that the vehicle was repurchased under the lemon law. They must tell buyers they are selling the car "as is." If a dealership fails to tell a buyer that they are receiving a lemon vehicle, the buyer can choose to pursue a claim and learn more about their rights by speaking with an experienced Wirtz Law APC attorney.
How Do I Know if My Vehicle is a Lemon?
California vehicle purchase
For California's lemon law to apply, the vehicle must be bought or leased from a California dealer.
To be covered by lemon law, the defect cannot be caused by "unauthorized or unreasonable use of the vehicle" once it is sold. However, defects that persist under regular vehicle use may fall under California's lemon law.
Persistence of defect
The defect must persist beyond one repair attempt. The number of repair attempts that qualify as "reasonable" vary according to the problem.
Manufacturers are required to make a “reasonable” number of attempts to fix the vehicle under the warranty when asked. Courts and juries determine a reasonable number based on the facts of each case.
A persistent defect is likely to be covered by California lemon law if:
- The manufacturer's new-vehicle warranty covers one or more defects;
- The defect "substantially impairs" your the use, value or safety of the vehicle; and
- The vehicle continues to have defects after a reasonable number of repair attempts.
Lemon Law and Leased Vehicles
San Diego residents may lease vehicles because they find the benefits outweigh ownership. Some view a lease as an alternative means of financing the vehicle, with an option to just walk away from the vehicle after a few years. Common reasons for leasing a car include:
- New vehicles may be seen as more reliable or trustworthy than used cars.
- A lease typically includes easy access to the dealership’s services, including mechanics trained and certified by the manufacturer.
Like a purchased vehicle, a leased vehicle can be considered a lemon. California lemon laws can be applied when this happens to protect the purchaser.
Three key questions
When a vehicle is leased, three key questions apply in a lemon law case:
- Did the vehicle have a defect or defects that substantially impaired the use, value or safety of the vehicle?
- Did the person who leased the vehicle give the manufacturer a reasonable number of attempts to fix the problem?
- Did the vehicle continue to have defects after a reasonable number of repair attempts?
If the answers to these questions are yes, your vehicle may be lemon and you may have a California lemon law claim. Like vehicle owners, you can expect a refund or replacement vehicle if you win your lawsuit.
Talk to one of our experienced San Diego lemon law attorneys. Your consultation is free!
When looking for a lemon law attorney to handle your San Diego case, look for a lawyer who answers your questions in a way you understand. Seek out attorneys with experience handling lemon law cases in your area. Our California team will be able to explain whether you have a claim and what they predict the possible outcomes might be. During your free consultation, you will receive additional information, and an attorney can help you decide if pursuing a lemon law case is the right choice for you.
A defective vehicle isn't merely frustrating - it is dangerous. It is dangerous to you as the driver, your passengers, and other drivers on the road. Vehicle defects are more than a mere inconvenience. Defects can raise the risks of putting yourself in danger.
A History of Results
Wirtz Law has successfully obtained recoveries for our clients in excess of $40 million.
When to consider filing a lemon law claim
Lemon law cases can be resolved within a few months, but sometimes the automakers dig in their heels. Lemon law attorneys, including Wirtz Law APC, often work on contingency, which means you have no upfront costs to pay.
In California, vehicle owners are not required to go to arbitration to settle a lemon law claim. Arbitration is a less formal way to resolve a civil dispute, like a lemon law case, without the stress and expense of a trial. While many automakers encourage consumers to go through arbitration, studies indicate that arbitration is rarely the best choice for consumers.
At Wirtz Law APC, we will never voluntarily forfeit your constitutional right to a jury trial and an appeal and will fight for maximum recovery.
California’s lemon law requires an automaker to pay for a vehicle owner or leaser’s attorney’s fees, costs, and expenses if their case succeeds.
San Diego Lemon Law Frequently Asked Questions
I needed a law firm to help me return a real lemon of a car! Jessica, the attorney who was helping us actually listened and cared about us. She explained things in detail and followed up with any questions…
‐ Debra W.
Wirtz Law was handed my 3-year-old automobile case by another firm with only 1 month to prepare for trial. They put all of their expertise into their preparation for my case. Richard Wirtz is not only a brilliant lawyer…
‐ Julie K.
I only have a few things to say about Wirtz Law, Amazing & Friendly. They treat you like family. They make sure you know everything that’s going on with your case and if you don’t understand something they go…
‐ Jennifer J.
Contact an Experienced San Diego Lemon Law Attorney To Discuss Next Steps
If you are looking for a California Lemon Law firm, look no further than Wirtz Law APC. If you are fed up, have had enough, and think your car is a lemon, call us at (858) 879-3557 for a free no obligation evaluation. If your vehicle is a lemon, we will take your case at no charge to you on a contingency fee basis. Wirtz Law APC provides one of the best Lemon Law attorney services everywhere in California, including Southern California, Northern California, Central California, and Eastern California.
If your car, truck, hybrid, or SUV, or EV is experiencing substantial or repeated issues, you should speak with one of our San Diego lemon law attorneys at the Wirtz Law APC. Our firm focuses on helping California consumers get the compensation they deserve after purchasing a lemon. Our team has a well-earned and well-deserved reputation as motor vehicle consumer advocates. If you suspect that your vehicle qualifies as a lemon under the California lemon law, contact us today to schedule your free case evaluation and learn more about your legal options.