When you buy a new vehicle, you want it to be perfect. The idea of getting a “lemon” is something we all dread. Not only does a defective vehicle take away the joy of getting a new one, it can be extremely inconvenient. The good news is that if you do get a lemon, you are protected by California’s Lemon Laws. One option to consider is the California Lemon Law Buyback.
For your vehicle to qualify for buyback, it must be under warranty, developed a substantial defect, and the manufacturer has been unable to repair the issue in a reasonable number of attempts. If you are unsure if your car, truck or SUV will qualify for protection under lemon law, it is important to confer with an experienced attorney who can help you.
If you determine that your vehicle does qualify for the buyback option, it means the manufacturer has two options: They can either offer a replacement vehicle or they can purchase the defective vehicle back from you. In addition, you may recover compensation for any incidental damages you incurred as a result from the vehicle’s defect.
If you agree to have the manufacturer replace the defective vehicle, the alternate vehicle is typically identical to the lemon you originally purchased, but without the defects! Of course, there are some circumstances where the manufacturer cannot provide an identical vehicle, but the replacement must include all warranties, so you are protected again. The manufacturer must also pay any taxes, registration or licensing fees, and any other charges applicable to the vehicle sale.
If you and manufacturer are unable to agree on a replacement vehicle, the manufacturer must repurchase the lemon. The manufacturer must pay the full amount you paid, less a mileage offset. This includes the amount of the down payment you made, any monthly payments you have made, and the remaining loan amount on the automobile.
You must also remember that there are several arguments that a manufacturer can make to challenge your claim under lemon law. For example, the manufacturer may claim that your vehicle does not meet the conditions to qualify for a valid lemon law claim. It is possible the manufacture will argue that the defect is not “substantial” or that the repairs fixed the problem. As you can imagine, lemon law can get complicated, which is why it is essential to work with an experienced attorney.
If you think your vehicle may qualify for the California Lemon Law Buyback option, or you have questions regarding lemon law, contact the Law Offices of Alex Cha & Associates today. We are highly experienced in handling lemon law matters and we can answer all your questions. Schedule your appointment today.