Navigating a Lemon Law Buyback: Essential Steps
The last thing anyone expects when they purchase a new vehicle is to be handed the keys to a lemon. While most consumers can happily drive their new car off the lot and enjoy it for years, not everyone is so lucky. Thankfully, California has a lemon law for consumer protection against the sale of faulty vehicles.
Ultimately, a California Lemon Law Buyback protects consumers from swallowing the cost of defective vehicles. If you’ve found yourself in this unfortunate situation, read on to learn more about California Lemon Law Buybacks and follow the seven steps below to help get yourself through the whole lemon law buyback process.
What is a Lemon Law Buyback?
In California, the lemon law buyback protects individuals who purchase a car, truck, or SUV under warranty. If the vehicle develops one or more defects while under warranty, the consumer may be eligible for a California Lemon Law Buyback. Understand that a vehicle under warranty is only eligible for buyback if the manufacturer cannot repair the defects in a reasonable number of attempts or if the vehicle is at a dealership for many days to repair one or more defects and it is still having problems.
If your vehicle is eligible for a California Buyback, its manufacturer has two options.
- Replace the defective vehicle.
- Buy back the defective vehicle.
Ideally, the consumer and manufacturer will agree on whether to provide a replacement vehicle or money back if the manufacturer offers the consumer a replacement vehicle that includes all warranties for complete protection. However, the manufacturer must also cover taxes, licensing fees, and registration on the replacement vehicle. In either situation, the manufacturer provides all legal fees from filing the case.
Unfortunately, lemon law claims are rarely a cut-and-dry process. First, the manufacturer must pay the consumer the entire amount for the automobile minus the mileage offset if it comes down to a buyback. This compensation is intended to repay the down Payment on the vehicle, any monthly payments made toward the vehicle, and to pay off the remaining loan on the vehicle.
Seven Steps to Help Navigate the Lemon Law Buyback Process
lemon law claims are rarely an easy process. If you’ve found yourself in this situation, it’s in your best interest to work with a qualified Lemon Car Lawyer to achieve the best possible outcome in your claim. To make your lemon law claim a more manageable process, follow the seven steps below.
1. Take Your Car to an Authorized Dealership
If you are having problems with your vehicle, you first need to take it to an authorized dealership for repair and give them a chance to fix it. For most problems, you need to give them 4 times to fix a problem. In some situations, if your vehicle is at the dealership for 30 days or more cumulatively, you may meet the lemon law as well.
2. Keep a Record of All Your Repair Attempts
To make your case more credible, you must keep good records of all repair attempts on the defective vehicle. Not having good records of the warranty and work performed on the vehicle can significantly delay your pursuing your claim.
3. Find a Reputable Lemon Law Attorney
Once you’ve had your defective vehicle worked on without success, it’s time to contact a California lemon law attorney. An experienced attorney can help you determine the lemon law buyback calculations and ultimately can help you successfully navigate the complex steps of the lemon law buyback process. If your lemon law claim is successful, the auto manufacturer will have to pay your attorney fees, not you.
4. File a Claim
Once you find a reputable lemon law attorney, they may try to informally resolve the claim with the manufacturer. Or, they may file a lawsuit against the manufacturer informing the auto manufacturer that you want a buyback.
5. Determine What the Terms of the Buyback Are
If the manufacturer agrees to buyback your vehicle, your lawyer will negotiate the terms of the buyback agreement on your behalf. You will be well-represented in your claims by working with an experienced lemon law attorney. Your lawyer will be able to clearly discuss with you the buyback terms with the manufacturer.
6. Return the Defective Vehicle to the Dealership
Once your lawyer has arranged a clear agreement on the buyback terms with the manufacturer, it’s time to return the defective vehicle to the Dealership.
7. Receive Payment from the Manufacturer
After you have signed a written agreement with the manufacturer and you’ve returned the defective vehicle to the manufacturer, it’s finally time to get reimbursed for the money you spent on the lemon vehicle. You can use this money to purchase a different car or spend it as you want. There are no stipulations on how you use your compensation.
Gayle Law Group, Your California Lemon Law Firm
We care about every one of our clients and work hard to get impressive results for them. We are as dependent on our vehicles as any Californian – we know how it feels to have a vehicle that won’t operate the way it should.
We pride ourselves on keeping our clients advised every step of the way. You will never be in the dark wondering what’s happening in your case. You’ll know every step of the way.
Our goal is to get you out of your lemon vehicle so you can get a safe and reliable one as quickly as possible. We know how important it is to you, how you are hamstrung without a reliable vehicle.
Get Expert Legal Help for Your Lemon Law Case
Based in Los Angeles and serving all of California, The Gayle Law Group has successfully represented numerous clients throughout the state over the years. Our experience spans across various vehicle-related cases, including those involving cars, electric and hybrid vehicles, trucks, SUVs, motorcycles, RVs, and more. No matter where you reside in California, we are here to provide the necessary legal support.
Contact us today to schedule a free consultation and get the help you need to resolve your lemon law case.