San Jose Lemon Law Attorneys

Experienced Vehicle Defect Lawyers Advocating on Behalf of Consumers Who Purchased a Lemon Vehicle

The California Lemon Law is a consumer protection law that provides remedies to individuals who have purchased or leased defective vehicles. It aims to protect consumers from being stuck with “Lemons,” or vehicles that have substantial defects affecting their safety, value, or usability. The law provides several remedies to consumers who find themselves in such situations.

Vehicle owners and lessees who believe they have a defective vehicle can file a San Jose Lemon Law claim. If they are successful, the manufacturer must either buy back the defective vehicle or provide the consumer with a replacement. Of course, manufacturers almost always deny claims that a vehicle is defective, making the process much more difficult on consumers than it needs to be. 

However, at Wirtz Law APC, we’ve assembled a dedicated team of San Jose Lemon Law attorneys to assist vehicle owners and lessees through the process. We’ve handled countless Lemon Law claims on behalf of Californians, succeeding in more than 97 percent of the cases we’ve handled. As a result of our efforts, Wirtz Law clients have recovered more than $45 million in compensation from vehicle manufacturers. 

What Can Vehicle Owners Get by Bringing a San Jose Lemon Law Claim?

One of the primary remedies available under the California Lemon Law is a refund of the purchase or lease price of the defective vehicle. If the defect cannot be repaired within a reasonable number of attempts or within a specified time frame (30 days), the consumer may choose to return the vehicle and receive a refund. The refund typically includes the full purchase or lease price, including taxes, registration fees, and other associated costs. Vehicle manufacturers may request an offset, which is a reduction in the refunded amount based on any period of time when the vehicle was not defective. 

Another remedy available under the California Lemon Law is the right to a vehicle replacement. If a consumer’s vehicle meets specific criteria, such as having a substantial defect that impairs its use, safety, or value, and the defect cannot be repaired after a reasonable number of attempts, the consumer may be entitled to a replacement vehicle of comparable value. This remedy ensures that consumers are not left with a defective vehicle and are provided with a functioning replacement.

In addition to the refund or replacement options, the California Lemon Law also provides compensation for incidental and consequential damages. Incidental damages may include towing fees, rental car expenses, and other reasonable costs incurred by the consumer due to the defect. Consequential or incidental damages include out of pocket costs like rental cars, towing, costs of repair not covered by warranty, and even a new “cover” vehicle. By compensating consumers for these damages, the law aims to alleviate the financial burden caused by the defective vehicle.

To exercise their rights under the California Lemon Law, consumers must generally notify the manufacturer or an authorized dealer of the defect and allow a reasonable number of repair attempts. It is crucial for consumers to keep detailed records of all repair attempts, invoices, and communication with the manufacturer or dealer to support their claims.

Overall, the California Lemon Law provides robust remedies to consumers who have purchased or leased defective vehicles. These remedies, including vehicle replacement, refunds, and compensation for damages, aim to protect consumers’ rights and ensure they are not burdened with defective vehicles that compromise their safety and value.

Which Vehicle Are Covered under the California Lemon Law?

The California Lemon Law covers all new vehicles that were purchased or leased in California. Used vehicles purchased with as a certified pre-owned vehicle (CPO) that are still under the manufacturer’s new vehicle warranty are also covered. 

In terms of the type of vehicles covered, the California Lemon Law applies to almost any type of vehicle, including all cars, trucks, SUVs,EVs, pickup trucks, minivans and full-size vans. The Lemon Law also covers the chassis, chassis cab, and drivetrain of motorhomes

There are some vehicles that are not covered, however, such as those that are not registered under the California Vehicle Code. Additionally, vehicles that were “abused” also fall outside of the scope of the CA Lemon Law. This point, in particular, is an important one, as manufacturers may claim that the installation of aftermarket parts constitutes abuse. 

How to Prove a San Jose Lemon Law Claim

Proving a CA Lemon Law claim requires a vehicle owner or lessee to establish several things. 

The Vehicle is Covered under the Lemon Law

The CA Lemon Law applies to all new vehicles, as well as used vehicles that are still under the original manufacturer’s new car warranty. Thus, older used vehicles, or those with high mileage, may not qualify. See below for a list of the warranty periods for all major vehicle manufacturers.

The Vehicle is a Lemon

Under California Law, a vehicle is a Lemon if it continues to experience a defect that “substantially impairs the use, value, or safety of the vehicle” despite a “reasonable number of attempts” to repair the defect. 

When it comes to assessing whether a defect is substantial, California courts use a “reasonable person” who is in the same situation as the consumer. In other words, the question isn’t whether the vehicle’s owner believes the defect to be substantial but whether the defects are substantially impairing to an average member of the community in the same situation as the consumer. 

Of course, a vehicle that experiences a defect that is cured in a single trip to the shop isn’t a lemon; the defect must persist despite the owner taking steps to fix it. It’s best to speak with a San Jose lemon law attorney to discuss your next steps. 

Manufacturer’s Warranties on New Cars and Trucks

The length of a warranty is critical in a Lemon Law claim, as the law only covers those vehicles that are still under the manufacturer’s original warranty. When you purchase a new car or truck, it comes with at least two different types of warranties. While you are free to purchase additional warranties from the dealer, all new cars come with at least a bumper-to-bumper warranty and a powertrain warranty. 

What Is a Bumper-to-Bumper Warranty?

A “bumper-to-bumper” warranty, also known as a comprehensive warranty or a new car warranty, is a type of warranty offered by manufacturers or dealerships that covers almost all components and systems of a vehicle for a specific period or mileage. It is designed to provide extensive coverage, similar to the full length of the vehicle from the front bumper to the rear bumper, hence the name.

A bumper-to-bumper warranty typically covers defects in materials or workmanship during the specified warranty period. It includes coverage for various parts and systems, such as the engine, transmission, electrical components, suspension, brakes, air conditioning, and other essential parts. However, it’s important to note that there may be certain exclusions or limitations specified in the warranty documentation, such as normal wear and tear or damage caused by accidents or improper maintenance. Bumper-to-bumper warranties usually last between three to five years, depending on the manufacturer.

What Is a Powertrain Warranty?

A powertrain warranty is a type of warranty offered by manufacturers or dealerships that specifically covers the components related to the vehicle’s powertrain. The powertrain typically consists of the engine, transmission, and drivetrain components. A powertrain warranty provides coverage for repairs or replacements of these specific components due to defects in materials or workmanship.

Unlike a comprehensive bumper-to-bumper warranty that covers a wide range of components, a powertrain warranty focuses specifically on the core mechanical components that generate and transfer power to propel the vehicle. Most new cars manufactured by any of the two dozen major vehicle manufacturers come with power-train warranties that last between four to ten years. 

Which Car Companies Have the Best New Car Warranties?

Legally speaking, vehicle manufacturers don’t need to provide a new car warranty. However, to remain competitive, all major car companies choose to do so. Of course, some manufacturers’ warranties are more generous than others, and just because a warranty seems superior doesn’t necessarily mean the vehicle is better. That said, consumers who own or lease vehicles with a better warranty have a longer period to file a San Jose Lemon Law claim. Below is a list of the warranties listed by mileage and time frame for all major United States and foreign vehicle manufacturers (from longest warranty to shortest warranty):

Kia

• 5 years / 60,000 miles bumper-to-bumper warranty
• 10 years / 100,000 miles power-train warranty (only for 1st owner; non-transferrable)

Hyundai

• 5 years / 60,000 miles bumper-to-bumper warranty
• 10 years / 100,000 miles power-train warranty (only for 1st owner; non-transferrable)

Genesis

• 5 years / 60,000 miles bumper-to-bumper warranty
• 10 years / 100,000 miles power-train warranty (only for 1st owner; non-transferrable)

Mitsubishi

• 5 years / 60,000 miles bumper-to-bumper warranty
• 10 years / 100,000 miles power-train warranty (only for 1st owner; non-transferrable)

Jaguar

• 5 years / 60,000 miles bumper-to-bumper warranty
• 5 years / 60,000 miles power-train warranty

Lexus

• 4 years / 50,000 miles bumper-to-bumper warranty
• 6 years / 70,000 miles power-train warranty

Infiniti

• 4 years / 60,000 miles bumper-to-bumper warranty
• 6 years / 70,000 miles power-train warranty

Acura

• 4 years / 50,000 miles bumper-to-bumper warranty
• 6 years / 70,000 miles power-train warranty

Cadillac

• 4 years / 50,000 miles bumper-to-bumper warranty
• 6 years / 70,000 miles power-train warranty

Lincoln

• 4 years / 50,000 miles bumper-to-bumper warranty
• 6 years / 70,000 miles power-train warranty

Range Rover

• 4 years / 50,000 miles bumper-to-bumper warranty
• 4 years / 50,000 miles power-train warranty

BMW

• 4 years / 50,000 miles bumper-to-bumper warranty
• 4 years / 50,000 miles power-train warranty

Ford

• 3 years / 36,000 miles bumper-to-bumper warranty
• 5 years / 60,000 miles power-train warranty

Honda

• 3 years / 36,000 miles bumper-to-bumper warranty
• 5 years / 60,000 miles power-train warranty

Nissan

• 3 years / 36,000 miles bumper-to-bumper warranty
• 5 years / 60,000 miles power-train warranty

Scion

• 3 years / 36,000 miles bumper-to-bumper warranty
• 5 years / 60,000 miles power-train warranty

Toyota

• 3 years / 36,000 miles bumper-to-bumper warranty
• 5 years / 60,000 miles power-train warranty

Are You Soured on Your Recent Vehicle Purchase?

If you recently purchased a new or used vehicle and it has spent more time in the shop than on the road, you may have a Lemon on your hands. While the California Lemon Law may entitle you to a buy-back or replacement, you shouldn’t expect the manufacturer to willingly provide you with your requested relief. However, at Wirtz Law, APC, our dedicated team of San Jose Lemon Law attorneys has decades of hands-on experience successfully bringing Lemon Law claims on behalf of our clients. We recognize the frustration of spending tens of thousands of dollars on a defective vehicle and are here to help you get the benefit of the bargain you agreed to when deciding to purchase your new vehicle. To learn more, and to schedule a free consultation with a San Jose Lemon Law attorney at Wirtz Law, APC, call 858-259-5009 today. You can also contact us through our secure online contact form.