Is a Lemon Law Buyback the Right Move For Me?
Norman Taylor & Associates
June 8, 2020
The excitement of buying a car can easily be overturned by the stress of finding out that the vehicle meets the criteria of a lemon. The good news is that California Lemon Law protects you, the consumer, by allowing you to take legal action against the manufacturer.
If the vehicle manufacturer is not able to repair a substantial defect within a “reasonable number of attempts,” you are entitled to one of two options.
- A replacement of the defective vehicle with a new one; or
- A buyback of the defective vehicle
But which one is right for you? Always speak with an experienced lemon law attorney who can look at your case and help you decide. With that said, if you are leaning towards letting the manufacturer buy back your vehicle, there are a few things you should know.
Buybacks vs. Replacements
When it comes to getting a replacement vehicle, this option is something that both you, the consumer, and the vehicle manufacturer must agree on. With a replacement option, the manufacturer must replace the defective vehicle with a new, identical one, as well as providing you with a fresh warranty agreement.
However, some people are wary of choosing a replacement vehicle from a company that already sold them a defective vehicle. If this is the case for you, your attorney can help you with a lemon law buyback option.
Essentially, this involves the manufacturer paying you a “buyback amount” for the vehicle. This amount is dependent on many different factors, but must include the down payment you paid for the vehicle, the monthly payments you have made, as well as the remainder of the loan. They must also reimburse you for related sales tax, registration fees, licensing fees, and all of the official charges you paid when you bought the vehicle.
In addition to everything associated with the buyback amount, you may be entitled to incidental damages as a direct result of your vehicle’s defect, including (but not limited to):
- Towing fees
- Rental car expense
- Repair costs
- Prepayment penalties
- Early termination charges
Speak With an Attorney for Free
Ultimately, if you are dealing with a lemon, it’s in your best interest to speak with a California lemon law attorney who can guide you in the right direction and ensure that your rights are protected. Auto manufacturers in California typically have groups of defense attorneys who may try to unnecessarily delay the process of honoring a lemon law buyback.
At Norman Taylor & Associates, we stand for people and not corporations. Whether you need help with a buyback or a replacement vehicle, our seasoned legal team is here to provide you with an effective and speedy solution while we stand in your corner throughout the entire process.
If you believe that you have a lemon, don’t hesitate to contact Norman Taylor & Associates at (888) 449-7639 to learn more about your legal options.