Escondido Lemon Law Attorney
Lemon Law Attorneys
Almost 90% of Escondidoâ workforce commutes to work. The traffic can be challenging. Escondido is hot in the summer, cold and wet in the winter. Combine all those factors together and itâs obvious a reliable vehicle is a necessity.
A new vehicle that continually has issues that the dealer canât repair, or is always in the shop, or has safety issues that make driving a nail-biting experience (but you must drive it if you want to work) is not something you should have to endure.
Luckily, you donât. The California Lemon Law is in place to rectify the situation. All you need is a guide through the process.
The Gayle Law Group is that guide. Allow us to use our two decades â and counting - of experience resolving Lemon Law cases on behalf of consumers in Escondido. Our attorneys have dealt successfully with every brand, make, model of gas, electric, and hybrid vehicles; motorcycles; trucks, and RVs.
Our founding attorney, Liz Gayle, spent the first years of her career representing product manufacturers, including an automobile maker, before devoting herself to consumer law. She knows how the manufacturers think and act when faced with a Lemon complaint.
If you think you have a vehicle that is a lemon, or is headed that way, itâs time to call the Gayle Law Group PC.
The California Lemon Law
There have always been lemons.
In 1970, California was one of the first states to change that with the Lemon Law.
What exactly does the Lemon Law do?
A purchased or leased, new or used vehicle in California that is under a warranty and has had ongoing issues a dealer has unsuccessfully attempted to fix over multiple repair visits, you may qualify for compensation.
The California Lemon Law applies to cars, trucks, vans, SUVs, RVs, motorcycles, some business-owned vehicles, and boats. For the most part, the vehicle must be under warranty.
It applies to used vehicles that are certified pre-owned and/or still under a manufacturerâs warranty.
Warranties
Vehicle must be under a manufacturerâs warranty to qualify as a lemon. Cars, trucks, and the powertrain portions of motorhomes are covered by the Lemon Law if:
- The vehicle is new, used, pre-owned or certified.
- It was bought or leased.
- When you bought or leased the vehicle it was covered by the manufacturerâs warranty (or portion of), or a manufacturerâs extended warranty.
- The vehicle might qualify out of warranty, if it had an ongoing problem that required it to be in the shop several times before the warranty expired.
- The manufacturer has had a reasonable number of opportunities to repair the defect.
- Or the vehicle has been in âthe shopâ for thirty or more days, cumulatively.
Motorcycles, the coach portion of a mobile home and towables are considered consumer goods and have the same protections as any consumer goods sold with a manufacturerâs warranty.
What is a Lemon?
The Lemon Law requires both a substantial defect and either the vehicle is not repaired after many attempts, or it has been at the dealership for many days cumulatively.
Substantial defects impair the vehicleâs âuse, value, or safety.â
The Lemon Law definitions:
- A defect that affects a vehicleâs use is one that prevents you from driving the vehicle as it was intended to be driven.
- A vehicleâs value is diminished when the defect means the vehicle wonât sell for the price it normally would bring - if the defect werenât there.
- Safety defects are defects that put the driver, passengers, and other drivers in danger.
The issue does not have to be safety related to qualify. Most safety issues are obvious â at least to the driver. Stalling on the highway, vibrations from the brake pedal, a transmission that âcatchesâ or âlags,â and an engine that keeps running hot would all be safety related issues.
A common myth states âif you bring it in four times, itâs automatically a lemon.â Itâs not necessarily true. The law only specifies that a âreasonable number of repair attemptsâ are made. If a defect involves a safety issue, such as faulty airbags, it may only require two repair attempts.
Regardless, if the vehicle has been in âthe shopâ for more than thirty cumulative days, whatever the defect(s), It may also qualify as a lemon.
Vehicle Defects
Motor Vehicles are better built, safer, and more integrated than ever. In 2020 8.8 million vehicles were manufactured in the United States alone. It's inevitable that some things will go wrong. Designers, engineers, people, and robots are hardly perfect.
The Gayle Law Group, PC has watched vehicles become ever more sophisticated and complex. Weâve kept pace with every change, and weâve had lemon law experience with all of them.
Common Vehicle Defects in the 2020s (so far)
- Airbag defects
- Air conditioning
- Antilock braking system (ABS)
- Automatic transmission
- Computer defects
- Paint
- Ordors
- Engine fire
- Electrical problems
- Stalling
- Seat belts
- Power steering
- Sudden acceleration and surge
Electric and Hybrid Vehicle Defects
Electric vehicles have less than 20 moving parts. However, that does not mean that electric and hybrid vehicles have fewer problems. In fact, because the systems in these vehicles are so integrated, even a âminorâ problem can have widespread and lasting implications.
- Automatic backup automation
- Battery failure
- Braking system
- Computer issues
- Electrical system malfunctions
- Failure to hold a charge
Motorcycles
Motorcycles have the same protection as cars under the Lemon Law - but in a slightly different way. Motorcycles are âconsumer goodsâ and are protected just as other consumer goods sold with a manufacturerâs warranty are.
Every rider knows that what might be considered a minor defect in a car could be a serious safety hazard in a bike. Protections are there for motorcycle owners. No one must put up with a lemon.
What Makes a Motorcycle a Lemon?
A motorcycle is a lemon if it was bought new, is under warranty, doesnât perform as advertised, and youâve tried to have it repaired and have been unsuccessful.
Motorcycles may be considered lemons if:
- The motorcycle youâre riding isnât the bike as described in the warranty.
- There is a âsubstantial defectâ that is a safety issue. Or affects your use of the bike or its value.
- The motorcycle has gone to the repair shop multiple times and the problem persists.
- You have not been able to operate the bike for at least thirty days. Note that motorcycle repairs take substantially longer than car repairs. Not being able to use a bike for thirty days or more is not uncommon.
- You havenât done anything to cause or contribute to the problem. Modifications, an accident, or neglecting regular maintenance void the warranty.
Common Motorcycle Defects
Common motorcycle defects that have led to Lemon Law claims:
- Loss of power
- Defective head gaskets
- Defective fuel pump
- Stalling
- Cutting out
- Will not start
- Oil leaks or sprays
- Lack of power
- Electrical system malfunctions
- Sway
- No crank conditions
Trucks
Trucks are covered by the California Lemon Law.
Because trucks have high safety ratings, are built to be rugged, are bought to be heavily used (sometimes for business use) many truck owners think the lemon law doesnât apply to their vehicle.
It does. The Lemon Law protects trucks that do not meet safety or other performance standards.
What Makes a Truck a Lemon?
If you bought or leased a truck with a warranty and for personal use, that truck falls under the California Lemon Law. If you bought or leased it for business, it is still covered provided:
- The gross weight of the truck is less than 10,000 pounds.
- The business has five or fewer vehicles registered in its name in California.
Trucks that fall under the Lemon Law are considered âlemonsâ if they have a substantial defect that impairs their âuse, value, or safetyâ and multiple attempts to fix it have failed.
RVs and Motorhomes
Motorized RVs refer to Class A, Class B, and Class C vehicles. Towables include fifth-wheel trailers, toy haulers, travel trailers and pop-up campers.
Whatever RV or motorhome or trailer you have; they are major investments. You rely on them when you travel. Sometimes far off the beaten path.
Escondido is a perfect place to have a RV or towable. Unfortunately, things can go wrong. Families may be stranded in the wilderness, stuck in the desert, suddenly without water or plumbing, exposed to the elements, or, at the very least, forced to cancel vacations. Itâs infuriating when your investment is in the repair shop more than it is on vacation.
Thankfully, there are remedies available to Escondido RV, motorhome, and towable owners.
RVs and motorhomes are covered under the California Lemon Law while towables are covered as consumer goods and have the same protections as other consumer goods sold with a manufacturerâs warranty.
What Makes My RV/Motorhome/Towable a Lemon?
The chassis of a Class A, Class B, and Class C motorized RV falls under the Lemon Law just as cars and trucks do. The coach is covered as âconsumer goods.â
Hereâs what that means for your RV:
The chassis â engine, drive train, everything that makes the RV mobile - is a âlemonâ if it has a substantial defect that impairs its âuse, value, or safetyâ and multiple attempts to fix it have failed.
Few attempts suffice when the defect is a serious safety issue: anything that puts the driver and passengers in danger. The RV may also be a lemon if it has been in the shop for an excessive number of days â even if the repairs were for different issues.
In fact, in the first 18 months or 18,000 miles (whichever comes first), if the defect remains despite your best efforts or thereâs been a series of unending problems, the RV is presumed to be a lemon. Then, it's up to the manufacturers to prove it's not.
The coach and towables â If the RV or towable is new, under warranty, doesnât perform like it is supposed to due to defects, youâve tried to have it repaired and have been unsuccessful, the RV can qualify as a lemon.
Electrical and plumbing issues, tank leaks, hookups that consistently fail, slide-outs that wonât work, heating and air conditioning failures are all covered.
What to Do If You Think You Have a Lemon
Call Gayle Law Group PC as soon as possible.
You are the only one who can document what you are going through with your vehicle. You can expect no help from the dealership or manufacturer. Be proactive; ask the dealership for the documentation you are entitled to at every visit.
Always get the repair order and invoice. Even if they have not or cannot fix the problem âthat day,â ask for the invoice.
Never let them leave your ticket âopenâ while a part is being ordered. Get an invoice then and when the part comes in. Remember, every visit is a âreasonable attempt.â
Even if you must step around to view their computer screen, make sure the service representative enters a âcomplete and accurate description of your vehicleâs problemâ as youâve described it.
Donât keep your service repair records in your glove compartment or center console. We hope the reasons for this are obvious.
Document every call with the dealer and/or manufacturer; always jot down the name and title of anyone you talk to.
When a dealer, salesperson, manager, or manufacturerâs rep explains any aspect of the California Lemon Law, ignore them. Theyâre not lawyers. They are, in fact, potential defendants in a lawsuit.
Remedies
The manufacturer pays all legal fees and expenses when we bring a successful Lemon Law action. Some lawyers may ask you to pay a retainer fee or tell you that they work on a contingency fee. The Gayle Law Group PC is paid by the manufacturer when your case is resolved.
You are never responsible for any legal fees for our representation.
California Lemon Law remedies may include:
- A complete purchase refund (including registration fees, the down payment, and financing costs) AND the full balance of your loan/lease paid off in full.
- OR a replacement vehicle.
Again, in addition, regardless of the solution, the manufacturer is responsible for attorneyâs fees, costs, and expenses.
CONTACT US
Call Us
The Gayle Law Group has represented a great many Escondido residents over the years. Weâve represented purchasers and lessees of cars, electric and hybrid vehicles, trucks, SUVs, motorcycles, RVs, and more in Escondido.