Thousand Oaks Lemon Law Attorneys

Highly Experienced Ventura County Consumer Rights Lawyers Dedicated to Ensuring Vehicle Owners Are Not Left with the Financial Burden of a Lemon

Purchasing a vehicle that frequently needs to be taken to the mechanic can have long-term financial implications. While the mechanic expenses are part of this, so too is the time you need to devote to getting your vehicle fixed. Over time, these expenses (and hours) add up. In an effort to address the growing problem of car dealerships selling off defective vehicles, between 1982 and 1994, every state in the nation enacted new car warranty consumer protection laws, commonly known as “lemon laws.” In California, lawmakers passed the Song Beverly Consumer Warranty Act, otherwise known as the California Lemon Law. 

The Thousand Oaks Lemon Law Attorneys at Wirtz Law APC have decades of combined experience successfully handling vehicle defect disputes under the California Lemon Law. Residents of Ventura County routinely call upon us to help them navigate the complexities of these claims, the vast majority of which we are able to resolve successfully. In fact, we’ve recovered compensation on behalf of our clients in 97 percent of the Lemon Law cases we’ve handled. As a result, we’ve helped recover more than $50 million for our clients. 

Ventura County Lemon Law Statistics – How Many Lemons Are There?

In California, there are more than 36 million registered vehicles on the road. This is far more than in any other state. In fact, there are more vehicles in California than most states have residents. More than 26 million of these vehicles are passenger vehicles that are primarily used for non-commercial purposes, such as cars, SUVs, and pickup trucks. In Ventura County, there are more than 828,000 registered vehicles, two-thirds of which are cars, trucks and SUVs.

According to a study conducted by Frontier Group, between 2018 and 2021, 7.6 million new vehicles were registered in California. During that same period, more than 34,000 Californians filed Lemon Law claims. This means between 2018 and 2021, about .5 percent of all newly registered vehicles were determined 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 is quite common. That being the case, the true percentage of Lemons when looking at all new vehicles is likely significantly higher than the .05 percent figure. 

The Basics – What Is the California Lemon Law?

The California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, is designed to offer protection to consumers who purchase or lease new (and some used) vehicles in California. This law applies when the vehicles they buy or lease turn out to be “lemons,” meaning they have defects that substantially impair the use, value, or safety of the vehicle that cannot be repaired after a reasonable number of attempts by an authorized dealer or manufacturer. The CA Lemon Law covers a wide range of vehicles, including cars, trucks, vans, EVs and SUVs, that are used for personal, family, or household purposes. Motorcycles and the non-living portions of motor homes are also covered under certain circumstances.

The law mandates that if the manufacturer or its representative (such as a dealership) is unable to fix a vehicle’s warranty-covered problem after a reasonable number of repair attempts, the manufacturer must either replace the vehicle with a new one or refund the purchase price to the consumer. 

What constitutes a “reasonable number of attempts” can vary, but it typically involves at least two attempts to repair a safety-related issue or four attempts for other serious issues, or if the vehicle is out of service for repairs for more than 30 days cumulatively.

To benefit from the Lemon Law, consumers must present the vehicle for repair during the warranty applicable warranty period. However, claims can still be pursued after the warranty provided the repairs were done in warranty.  

The California Lemon Law also provides for the consumer’s coverage of attorney’s fees and costs, making it financially feasible for individuals to seek legal assistance in pursuing their claims. This aspect of the law encourages manufacturers to resolve claims efficiently and fairly.

By ensuring that manufacturers uphold their warranties and address defects, the California Lemon Law plays a crucial role in protecting consumer rights and maintaining trust in the purchase and leasing of vehicles.

A Deeper Look at the California Lemon Law

On its face, the California Lemon Law is straightforward: it requires vehicle manufacturers to compensate owners of vehicles that exhibit persistent problems. However, in practice, the Lemon Law is quite complex, and many Thousand Oaks residents have experienced this the hard way. 

Read on to learn more about the less-known specifics of the California Lemon Law.

Eligibility

To be eligible for protection under the California Lemon Law, a vehicle must have been purchased or leased in California. The law applies to new and used vehicles sold or leased with a warranty covering personal, family, or household purposes. This includes cars, trucks, EVs, SUVs, vans, and, in some instances, motorcycles and motor homes (specifically the chassis, drivetrain, and other non-living portions). The vehicle must have a defect covered by the warranty that significantly affects its use, value, or safety, and the defect must persist despite reasonable attempts to repair it by an authorized dealer or manufacturer.

This last point is important because it’s often where vehicle owners get into trouble: to maintain eligibility for a Lemon Law claim, you’ll need to have an authorized repair facility perform all repairs. So, if you have a friend or a mechanic who is unrelated to the manufacturer’s work on your car, you could waive eligibility. 

Timing of a Claim

The timing for initiating a Lemon Law claim is critical. The defect must occur and be presented to the manufacturer or its dealer within the warranty period for at least two attempted repairs. As long as at least two attempted repairs were performed during the warranty, the consumer may still pursue a claim after the warranty expires.

The concept of “reasonable attempts” to repair the defect is pivotal in Lemon Law claims. While not strictly defined, it generally means at least two attempts to fix either a single defect or multiple defects collectively or, if the vehicle has been out of service for more than 30 days due to repairs, cumulatively.

Damages

If a vehicle is determined to be a lemon, the manufacturer is obligated to either replace the vehicle with a new one of comparable value or refund the purchase price (including the cost of manufacturer options and other charges, minus a deduction for the consumer’s use of the vehicle before the defect was discovered). The choice between replacement and refund typically rests with the consumer.

In addition to the vehicle replacement or refund, the law requires the manufacturer to cover all costs and expenses related to the Lemon Law claim, including any reasonable attorney’s fees. This provision ensures that consumers can seek legal representation from the best lemon law firm available without the fear of incurring significant costs, encouraging manufacturers to resolve claims fairly and promptly.

Damages might also include reimbursement for incidental and consequential costs related to the defect, such as rental car fees, towing charges, and repair costs not covered under the warranty.

Overall, the California Lemon Law holds vehicle manufacturers accountable for their warranties, ensuring that consumers receive vehicles that perform as expected and providing remedies when defects significantly impair the vehicle’s use, value, or safety.

How Long Is Your Vehicle’s Warranty?

Every car manufacturer provides a warranty for new vehicles. However, the length of these warranties, as well as what they cover, can vary significantly. This distinction is crucial because the Lemon Law is applicable only to used cars that are still protected under the original manufacturer’s warranty.

There are primarily two categories of warranties: bumper-to-bumper and powertrain warranties. Bumper-to-bumper warranties are so named because they generally cover nearly all components located between the vehicle’s front and back bumpers. This encompasses systems such as the engine, steering, drive axle, transmission, brakes, suspension, and often, the navigation system. The duration of bumper-to-bumper warranties typically ranges from three to five years, varying by manufacturer.

On the other hand, powertrain warranties are focused on the vehicle’s engine, transmission, and drivetrain – essentially, the core components that power the vehicle. Given the critical nature of these parts, powertrain warranties often extend beyond the coverage period of bumper-to-bumper warranties, with most manufacturers offering powertrain warranties that last from three to ten years.

Below is a list of the new car warranties offered by some of the largest manufacturers:

Acura

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

BMW

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

Cadillac

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

Ford

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

Genesis

• 5 years / 60,000 miles bumper-to-bumper warranty
• 10 years / 100,000 miles power-train warranty

Honda

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

Hyundai

• 5 years / 60,000 miles bumper-to-bumper warranty
• 10 years / 100,000 miles power-train warranty

Infiniti

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

Jaguar

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

Kia

• 5 years / 60,000 miles bumper-to-bumper warranty
• 10 years / 100,000 miles power-train warranty

Lexus

• 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

Mitsubishi

• 5 years / 60,000 miles bumper-to-bumper warranty
• 10 years / 100,000 miles power-train warranty

Nissan

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

Range Rover

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

Please note, the warranties listed above last for the shorter of either 1.) the number of years or 2.) the number of miles traveled. If you have questions about whether your used vehicle is still under the original manufacturer’s warranty, reach out to the Thousand Oaks Lemon Law attorneys at Wirtz Law APC, for assistance. We can help you determine your eligibility under the California Lemon Law and, if you decide to proceed with a claim, handle it from beginning to end. 

Are you Tired of Dealing with a Defective Vehicle?

If you recently purchased a new vehicle, or a used vehicle that was still under the manufacturer’s original warranty, the dedicated Thousand Oaks Lemon Law lawyers with Wirtz Law APC, can help you pursue a claim that may end with the manufacturer compensating you for your purchase. At Wirtz Law APC, we specialize in Thousand Oaks lemon law cases. Over the years, we’ve handled countless cases, recovering for our clients with over $50 million in compensation. With our comprehensive and dedicated approach to handling these cases, we’ve successfully secured compensation on over 97 percent of the Lemon Law cases we’ve handled. To learn more, and to schedule a free consultation with a Thousand Oaks Lemon Law attorney today, give us a call at 858-259-5009. You can also connect with us through our online contact form.