The last thing any vehicle owner wants to deal with is a lemon. A problem vehicle can vastly interfere with our lives and constant, repeated repairs are a huge hassle costing valuable time and money. Thankfully, consumers are able to fall back on their local lemon laws for protection against these faulty vehicles. In some cases, a California Lemon Law Buyback is the best option for getting rid of the problematic vehicle and moving on with your life.
The California Lemon Law protects individuals who purchase a car, truck, or SUV under warranty. If the vehicle develops a substantial defect you may be eligable for a California Lemon Law Buyback. The vehicle is only eligible for buyback if the manufacturer cannot repair the defect in a reasonable number of attempts.
If there’s any confusion at all as to if your vehicle qualifies for protection under the California Lemon Law then its best you speak with an attorney with experience in this field. An attorney will cover the requirements and help you understand if your vehicle qualifies.
If your vehicle does qualify for a buyback, then the manufacturer has two options. They can either offer a replacement or buyback the defective vehicle. This allows you to select an option that will work best for your specific situation. You also may receive compensation for incidental damages resulting from the vehicle’s defect.
When the consumer and manufacturer agree on replacement, the manufacturer replaces the defective vehicle with an alternate car, truck, or SUV. Ideally, the new vehicle is identical to the defective vehicle, but without the defects. However, there may be instances where the manufacturer is not able to supply an exact duplicate. The replacement vehicle must include all warranties. This means that the new vehicle will have the full warranty period and you are protected again.
Under California Lemon Law Buyback stipulations, in the event of a replacement the manufacturer must also cover taxes, licensing fees, registration, and any other charges that typically accompany a vehicle sale. They’re also responsible for covering incidental damages caused by the vehicle’s defect.
If you and the manufacturer cannot come to an agreement in regard to replacement, the manufacturer must repurchase the defective vehicle from you. This means that they must to pay you the entire amount paid or payable for the automobile, less the mileage offset. This compensation should account for the down payment and monthly payments made toward the vehicle as well as the remaining loan value.
The buyback amount should also cover any transportation fees or charges paid at the time of purchase, along with any additional manufacturer parts or items installed by the dealership. Reimbursement is not required on non-manufacturer parts or items. The reimbursable amount also must cover registration and license fees, taxes, and any other official fees, as well as incidental damages.
The mileage offset is deducted from the reimbursable amount. The calculation uses the mileage on the car’s first repair attempt less the mileage at the time of purchase. This number is divided by 120,000 and multiplied by the purchase price. This value is then deducted from the reimbursable amount.
Under California Lemon Law the manufacturer must cover incidental damages any time they repurchase or replace a lemon vehicle. These are costs that you incurred as a direct result of the vehicle’s defects and repairs. Incidental damages include repair expenses, towing fees, and rental vehicle charges.
Before the manufacturer offers replacement or repurchase, the situation must meet specific conditions. The number of allotted repair attempts can vary depending on the specific defect. The following conditions help identify a vehicle as a lemon:
The manufacturer or dealer has made at least four or more unsuccessful attempts to fix the same defect under warranty.
The defective vehicle has been out of service for a time frame exceeding 30 days due to the repairs under warranty.
These are just guidelines. In come cases, your vehicle can meet the requirements but doesn’t qualify for California Lemon Law. There are also instances where your vehicle hasn’t met these conditions but does qualify. This is where lemon law gets tricky and why it’s so important to have a qualified and experienced attorney in your corner. It’s not uncommon for the manufacturer or dealership to push back on lemon claims.
The manufacturer or dealership may claim that the defect is not substantial. Another argument is that the owner caused the problem. They may also claim that repairs were successful or that there never was a problem. Having an expert attorney at your side is a huge asset when it comes to taking on your vehicle’s manufacturer.
An experienced attorney will guide you through the process. They’re familiar with the information you’ll need to make your best case. Trying to muddle through the lemon law without an attorney is a risk that could leave you without compensation and stuck with a defective vehicle. Don’t let this happen to you. If you believe your vehicle is defective, call us today.