California’s Branded Lemons
Norman Taylor & Associates
September 21, 2009
For those with a conscious, not wanting to pass on the problems they have had with their lemon vehicle, there is good news.
The California legislature has provisions in the California Lemon Law that are imposed on any manufacturer who buys a vehicle from a consumer who has made a request that the vehicle be bought back after multiple warranty repair visits.
First and foremost is the requirement that the manufacturer list all the warranty based complaints made by the prior owner, and what was done to remedy the problems for the any subsequent purchaser. This puts the subsequent purchaser on notice that there was something wrong with the vehicle, at least at some point in time. It also gives the subsequent buyer the chance to have the vehicle inspected for himself to see, if their estimation the defect was actually remedied.
If the manufacturer reacquires a vehicle or assists a dealer in reacquiring a vehicle pursuant to the lemon law, the DMV registration must be branded “Lemon Law Buyback”. Further, the manufacturer must have a disclosure notice form for the subsequent purchaser to read and sign, which sets forth the problems experienced by the prior owner and detailing what was done to handle it.
So, not to worry. The legislature was quite concerned about protecting unsuspecting buyers of from used and irreparable motor vehicles that were being sold in the marketplace without proper notification. These notices serve the interests of consumers who have a right to information relevant to their buying decisions.