Truckee Lemon Law Lawyers

Experienced Vehicle Defect Attorneys Helping Connect Disappointed Buyers with a Replacement Vehicle or Buyback 

Purchasing a new vehicle is a big decision. You read reviews, talk to friends and family members, and test drive several different models before deciding on which will be your next new car. With luck, your new vehicle will last you for years and be a reliable means of transportation for tens or even hundreds of thousands of miles. However, what happens if you need to take it into the shop repeatedly for the same issues or multiple issues? Not only is this a major inconvenience, but it could also mean that you were sold a Lemon. While buying a Lemon is all but unavoidable from a consumer’s perspective, the good news is that the California Lemon Law allows vehicle owners in your position to demand a replacement—if you want it. If a similar car from the same manufacturer doesn’t interest you, upon filing a successful Lemon Law claim, you can also opt to have the manufacturer buy the vehicle back from you. 

The Truckee Lemon Law Attorneys at Wirtz Law APC have decades of combined experience handling vehicle defect disputes under the California Lemon Law. Residents of Nevada County can call upon us to help them navigate the complexities of these claims, the vast majority of which we will be able to successfully resolve. In fact, of the Lemon Law cases we’ve handled, we are able to connect our clients with compensation 97 percent of the time. 

California Lemon Law Statistics

There are more than 36 million registered vehicles in California—more than the population of most states. The majority of these—26 million—are passenger vehicles such as cars, SUVs, and pickup trucks. In Nevada County, there are more than 134,000 registered vehicles, slightly over half of which are cars, hybrids, EVs, trucks and SUVs.

According to a study conducted by a leading research organization, for the three years between 2018 and 2021, there were 7.6 million new vehicles registered in California. During that same period, there were just over 34,000 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, in our experience, is very common. 

The Basics of the California Lemon Law 

The California Lemon Law is designed to protect consumers who purchase or lease new vehicles (and CPO used vehicles that are still under the original manufacturer’s warranty) that turn out to be chronically defective. Officially named the “Song-Beverly Consumer Warranty Act,” this law requires manufacturers to buy back, replace, or compensate owners of vehicles that have persistent problems that the manufacturer or its authorized dealers have been unable to repair after a reasonable number of attempts.

What Types of Defects Are Covered Under the Lemon Law?

Defects covered under the California Lemon Law are those that:

1. Substantially impair the use, value, or safety of the vehicle to the buyer or lessee. This is a broad category and can include various defects, from persistent mechanical problems to defects that compromise the safety of the vehicle.

2. Are covered by the manufacturer’s written warranty. This means that the defect has to occur during the warranty period and be a defect that the warranty covers.

3. Are not caused by abuse after the vehicle is delivered to the consumer. Defects or issues that arise from misuse, neglect, or unauthorized modifications are generally not covered.

For example, minor defects that are either repairable or do not substantially impair the vehicle’s use, safety, or value are not likely to be covered by the Lemon Law. This may include minor cosmetic flaws, interior light bulbs, and even more serious defects that are repaired.  

What Constitutes a “Reasonable Number of Attempts”? 

In this context, the phrase “reasonable number of attempts” is very fact-specific and largely depends on the type of defect and the efforts the dealership has made to repair the vehicle. However, the simple answer is at least two times is the minimum number of chances you have to give the dealership. The industry standard is to fix it right the first time, so more than once should be a reasonable number of attempts to repair.

What Are the Available Remedies in a Truckee Lemon Law Claim?

The California Lemon Law allows for various remedies for consumers who purchase a defective vehicle. These remedies are designed to compensate you for the inconvenience you experienced in dealing with a Lemon. Typically, the primary damages in a Truckee Lemon Law claim are focused on ensuring you get a working vehicle or receive a refund for your purchase. 

Below is a brief description of the main remedies provided by the California Lemon Law:

Buyback

You have the right to request a refund of the full purchase price, including any taxes, licensing fees, and finance charges, minus an offset for the usage of the vehicle before the defect first occurred. The refund amount is calculated based on the number of miles you drove before the problem arose. It is your right to select either a replacement or a buyback, whichever makes the most sense for you. 

Replacement

If you establish that your vehicle is a Lemon, the manufacturer will be required to offer a comparable replacement vehicle, if you don’t want a refund. The replacement vehicle should be a similar make and model with about the same features and options as the original vehicle. 

Incidental and Consequential Damages

In addition to the main remedies, the California Lemon Law also allows you to seek compensation for incidental and consequential damages resulting from the defects. Incidental damages are those expenses that are directly related to your attempts to repair the vehicle, such as towing fees and rental car costs. Consequential damages refer to losses incurred as a result of the defects, such as having to buy or rent a new vehicle to get to work.

To effectively preserve your right to your Lemon Law remedies, you just need to present your vehicle for repair. Keeping good records and notes is helpful but not critical.  The dealership should have copies of the repair records. In California, you do not have to provide the manufacturer with a final opportunity to repair the vehicle before filing your claim. Consulting with an experienced Truckee Lemon Law attorney at Wirtz Law APC can help you understand the process and ensure the best possible outcome in your case.

Attorneys Fees, Costs, and Expenses

The California Lemon Law also provides Truckee residents with the right to collect attorney’s fees, costs, and expenses from the automaker if you are successful. This part of the lemon law allows the best lemon law attorneys to take your case on a contingency with no out-of-pocket costs or financial commitment from you.

Civil Penalties

Additionally, if you establish that the automaker willfully failed to buyback or replace your qualifying lemon vehicle, then you can demand a civil penalty, up to two times your actual damages, in addition to your other damages.  This additional amount of damages is called a civil penalty and is intended to punish automakers for ignoring their affirmative duty under the law to buy back lemons. It is also intended to encourage them to follow the law in the future.

Important Vehicle Warranty Information for Lemon Law Claimants

If you’re like most, one of the primary concerns you had when looking for a new car was the vehicle’s manufacturer’s warranty. This is also an important consideration in a Truckee Lemon Law claim, as the law only provides coverage while your vehicle is under the original manufacturer’s warranty. 

There are two types of warranties: bumper-to-bumper warranties and powertrain warranties.

What Is a Bumper-to-Bumper Warranty?

A bumper-to-bumper warranty is a comprehensive warranty provided to those who buy a new car. Bumper-to-bumper warranties cover almost all components and systems of a vehicle for a specific time period or mileage, whichever comes first. 

A bumper-to-bumper warranty covers defects in materials or workmanship that arise during the warranty period. However, there may be certain exclusions or limitations specified in the warranty documentation. For example, any damage caused by normal wear and tear, accidents or improper maintenance are usually not covered under a bumper-to-bumper warranty. Bumper-to-bumper warranties usually last between three to five years, depending on the manufacturer.

What Is a Powertrain Warranty?

A powertrain warranty specifically covers the components related to a vehicle’s powertrain, which consists of the engine, transmission, and drivetrain. A powertrain warranty covers repairs or replacements of these specific components due to defects in materials or workmanship.

Unlike a comprehensive bumper-to-bumper warranty, a powertrain warranty typically only covers the core mechanical components that generate and transfer power to move the vehicle. Most major vehicle manufacturers offer power-train warranties that last between four to ten years. Consult the lemon law experts at Wirtz Law APC to help you determine if the defects are covered by a warranty.

Which Automakers Have the Best Warranties?

Vehicle manufacturers are under no legal obligation to offer a bumper-to-bumper or powertrain warranty. However, they all do because they want to reassure consumers that their vehicles are safe and will last. Of course, some manufacturers’ warranties offer longer warranties than others, and just because a warranty lasts for a longer period of time doesn’t necessarily mean the vehicle is better made or less likely to experience problems. That said, those who own or lease a vehicle with a better warranty have a longer period to file a Truckee Lemon Law claim. 

Below is a list of the warranties for all major United States and foreign vehicle manufacturers (starting with the longest warranties):

You should note that some warranties do not transfer to the second or subsequent owners.  For example, Kia and Hyundai’s industry leading new car warranty is practically cut in half for used car purchasers.  Be cautious and read the fine print when you buy a used car.

Frequently Asked Questions:

What Vehicles Does California’s Lemon Law Cover?

California’s lemon law covers all types of vehicles, including cars, minivans, pickups, trucks, full-size vans, SUVs, chassis, chassis cabs, and the drive trains of motorhomes. It also covers dealer-owned vehicles, demonstrators, and vehicles leased for business or personal use. However, there are some restrictions for vehicles leased for business uses. 

Speak with a Knowledgeable Truckee Lemon Law Lawyer About Your Vehicle Today

If you bought a new or used vehicle that was still under the manufacturer’s original warranty and believe that your purchase is a Lemon, seek out the best most experienced lemon lawyers you can find in your community. At Wirtz Law APC our dedicated attorneys have a long history of helping vehicle owners and lessees finally obtain the functioning vehicle that they thought they were getting the first time around. We have a better-than-97 percent success rate among the Lemon Law cases we’ve handled and have recovered more than $50 million on behalf of our clients. To learn more, and to schedule a free consultation with a Truckee Lemon Law attorney at Wirtz Law APC, call 858-259-5009 today. You can also contact us through our secure online contact form.