San Bernardino
San Bernardino
Lemon Law Attorneys
Ninety-two percent of San Bernardinoâs workforce commutes. Seventy-four percent of San Bernardinoâs households have two or more vehicles. The traffic hasnât been good since the first McDonalds opened in 1952.
A reliable vehicle is a necessity. If you drive alone to work in a vehicle that continuously breaks down it threatens your livelihood. When itâs your turn to drive for your carpool a car that stalls in the middle of the road during rush hour leaves your coworkers scrambling while you wait, yet again, for a tow truck.
Vehicles with issues that makes them unreliable or unsafe and always seem to be âin the shopâ could be lemons. You do not have to put up with the stress and frustration these vehicles cause. The California Lemon was designed to be powerful enough to rectify the problem.
The attorneys at the Gayle Law Group PC have over two decades of experience resolving Lemon Law cases for San Bernardino consumers. We have successfully represented owners and lessees of all makes and models of gas, electric, and hybrid vehicles; motorcycles; trucks, and RVs.
Liz Gayle, our founder, represented major product manufacturers, including a well-known automobile maker, over the first 12 years of her career before devoting herself to consumer law. She knows how the manufacturers think and act when faced with a Lemon complaint.
If your vehicle isnât what you thought you were buying, itâs time to talk to a California Lemon Law attorney. Itâs time to call the Gayle Law Group PC.
The California Lemon Law
The first mass produced cars came off assembly lines in 1913. A Ford could be built in 1 hour and thirty-three minutes. Itâs easy to imagine the mistakes that were made. There have always been lemons: vehicles that were poorly designed, or had a defect, or just did not run. Until 1970, about the only thing a driver could do was to threaten to never buy that model again.
That had no effect on manufacturers that were selling thousands of cars a week.
California was one of the first states in the nation to rectify that. The California Lemon Law was enacted in 1970 to provide drivers with relief from persistent problems with their vehicles.
What exactly does the Lemon Law do? The simple answer:
If you purchased or leased a new or used vehicle in California that is under a warranty and has had an ongoing problem or problems that a dealer has failed to fix after 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. It applies to purchased or leased new vehicles. It also pertains to used vehicles that are certified pre-owned and/or still under a manufacturerâs warranty.
Warranties
To be eligible for relief the vehicle must be under a manufacturerâs warranty. There is always some confusion over this requirement. Simply, cars, trucks, and the powertrain portions of motorhomes are covered by the Lemon Law if:
- The vehicle is new, used, pre-owned or certified.
- You bought or leased it.
- 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 more than thirty days, cumulative.
Motorcycles, the coach portion of a mobile home and towables (fifth-wheel trailers, toy haulers, travel trailers and pop-up campers) are considered consumer goods. They enjoy the same protections as all consumer goods sold with a manufacturerâs warranty.
What is a Lemon?
There is no single or easy answer. The Lemon Law requires both a substantial defect and either that the vehicle is not repaired after multiple attempts to get it fixed or it has been at the dealership for many days cumulatively.
Substantial defects impair the vehicleâs âuse, value, or safety.â
The 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.
A transmission that hesitates; a gas pedal that sticks; faulty warning lights; an engine that runs hot; all qualify as substantial. The issue doesnât have to be safety related to qualify.
The vehicle is not repaired after multiple attempts is exactly what it sounds like. The dealer is unable to fix the problem. You bring the vehicle in for repairs only to have to do it again a few days later. It can seem like an endless cycle. You do not need to put up with it.
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. If the vehicle has been in âthe shopâ for more than thirty days, cumulative, whatever the defect(s), it may also qualify as a lemon.
Vehicle Defects
The average 21st century gas powered car and truck has over 30,000 parts. From nuts and bolts to brake pads to computer motherboards and Wi-Fi routers. There are at least 2,000 moving parts.
All vehicles today are better built, safer, with more integrated systems than ever. In 2020 8.8 million vehicles were manufactured in the United States. It's inevitable that some things will go wrong somewhere along the way.
Gayle Law Group, PC has watched as vehicles became ever more sophisticated and complex â and with that a new generation of defects. Our San Bernardino clients have had 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
San Bernardino has a high concentration of electric and hybrid cars. Where gas powered vehicles have over 2,000 moving parts, electric vehicles have less than 20. That does not mean electric and hybrid vehicles have fewer problems. 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 enjoy the same protection as cars under the California Lemon Law but in a slightly different way. (They are also a great way to get around San Bernardino). Motorcycles are âconsumer goodsâ and have the same protections as other consumer goods sold with a manufacturerâs warranty.
Every rider knows that what may be a minor defect in a car could be a serious safety hazard on a bike. The Lemon Law works for motorcycle enthusiasts.
What Makes a Motorcycle a Lemon?
A motorcycle is a lemon if it was bought new, is under warranty, doesnât perform like it is supposed to, and youâve tried to have it repaired and have been unsuccessful.
A motorcycle may be a lemon 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
Motorcycle defects that have led to Lemon Law claims:
- Stalling
- Loss of power
- Electrical system malfunctions.
- Defective head gaskets.
- Cutting out.
- Will not start.
- Defective fuel pump.
- Sway
- No crank conditions
- Oil leaks or sprays.
- Lack of power.
Trucks
Trucks are covered under the California Lemon Law.
Because trucks have high safety ratings, are built to be rugged and ruggedly used, sometimes for business, many truck owners think the lemon law doesnât apply to their vehicle.
Thatâs not true, the Lemon Law protects drivers if the trucks 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.
Like cars, 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, Motorhomes, and Towables
Motorized RVs are Class A, B, and C vehicles. Towables include fifth-wheel trailers, toy haulers, travel trailers and pop-up campers.
No matter what type of RV or motorhome or trailer you have, they are major investments. Owners rely on them when they travel. Sometimes far off the beaten path.
If things can go wrong families could be stranded in the wilderness, stuck in the desert 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.
There are, thankfully, remedies available to RV, motorhome, and towable owners.
RVs and motorhomes are covered under the California Lemon Law . . . but itâs a bit complicated. 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, B, and C motorized RVs fall under the Lemon Law just as cars and trucks do. The coach is covered much like an off road unregistered motorcycle â they are considered 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 Simply, if you bought the RV or towable new, itâs 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
Document, document, document . . . and call Gayle Law Group PC.
The only one who can document what you are going through with your vehicle is you. You will not get help from the dealership or manufacturer. You need to be proactive; youâll need to ask the dealership for the documentation you are entitled to at every visit.
Get the repair order and invoice every time you take your vehicle in and pick it up. Even if they donât fix the problem âthat dayâ and donât charge you, ask for an invoice.
Donât allow the dealership to leave your ticket âopenâ while a part is being ordered. Get an invoice then and when the part comes in and the work is done. Remember, every visit counts as a âreasonable attempt.â
Even if you look over a service managerâs shoulder to see their computer screen, make sure that they enter a âcomplete and accurate description of your vehicleâs problemâ as you described it.
Donât keep your service repair records in your glove compartment or center console. We hope the reasons for this are obvious â (they can mysteriously disappear while your vehicle is in the shop.)
Document all calls with the dealer and manufacturer; get the name and title of everyone you talk to.
When a dealer, salesperson, manager, or manufacturerâs rep tries to explain any aspect of the California Lemon Law, donât listen. Theyâre not lawyers.
But they are potential defendants in a lawsuit.
Remedies
The manufacturer pays all your legal fees and expenses when we bring a successful Lemon Law action. Some San Bernardino lawyers ask for a retainer or tell you they work on a contingency fee. The Gayle Law Group PC is paid by the manufacturer when your case is resolved.
California Lemon Law remedies may include:
- A complete purchase refund (including registration fees, the down payment, and financing costs) AND having 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.
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When it comes to San Bernardino consumers and the Lemon Law, the Gayle Law Group has seen it all. Weâve represented purchasers and lessees of cars, electric and hybrid vehicles, trucks, SUVs, motorcycles, RVs, and more in San Bernardino.