Vehicles are one of the most important things that a person can own and one of the most important things that one needs to be dependable and reliable. Unfortunately, when cars break down or constantly have defects or need repairs, it can affect one’s life in profound ways. Although car parts can be replaced and defects can be repaired, sometimes the best option and sometimes the only good option is to get rid of the lemon altogether and get relief under the California Lemon Law Buyback.
What is the Buyback Law?
The buyback option is available to those who buy a car, truck, or SUV that is under warranty and the manufacturer is unable to repair the defect or defects within a reasonable number of attempts.
Under the buyback option, manufacturers can do two things: offer a replacement for the vehicle or buy back the vehicle, which would allow the owner to take the money and purchase another vehicle. The buyback may also include extra compensation that is meant to cover incidental damages that resulted from the defects of the vehicle.
Replacing the Vehicle
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Typically, a replacement of a vehicle takes place when the owner and the manufacturer both agree, because the owner must feel comfortable with driving away in another similar vehicle that the manufacturer has to offer. Of course, some owners that deal with defects and lemon cars may not feel comfortable with a similar vehicle from the manufacturer because of the negative impacts that the original defective vehicle had on their life. If the defect put the driver at risk, the driver may feel that another vehicle from the manufacturer could have the same defect. In some cases, the replacement vehicle is identical to the original vehicle and in other cases, the manufacturer may give the owner a different option. A replacement vehicle has to include all the warranty protections as if the owner was purchasing the vehicle for the first time. The manufacturer is also responsible for covering all costs involved with the lemon, including registration and licensing fees, taxes, and in some cases, attorney fees.
Repurchasing the Vehicle
On the other hand, if the owner and the manufacturer do not agree on the replacement of the vehicle option, the manufacturer is required to repurchase the vehicle that is defective. Again, this is to protect the owner’s wishes, especially those that do not feel comfortable driving away with an identical or similar vehicle to the one that was defective. In some cases, the manufacturer chooses to simply repurchase the vehicle. When a repurchase occurs, the manufacturer will pay the owner the entire cost of the new vehicle, minus the mileage that was put on the vehicle.
Before the option of buyback or replacement is available to the owner, the manufacturer has the opportunity to repair the defects. The vehicle must be considered a lemon. For the vehicle to be considered a lemon, there are guidelines that must be met. A vehicle is a lemon if the manufacturer has tried to repair the same defect four or more times, under the warranty. A vehicle could also be a lemon if the vehicle has been out of service for at least 30 days because of defects that need to be repaired. In some cases, a vehicle could be considered a lemon, even if it does not meet one of the guidelines. Under California lemon law, these are only guidelines, and do not have the final word.
Help With Your Lemon
If you have a lemon or think you have a vehicle that is a lemon, you could have a valid claim under California lemon law. If your vehicle is a lemon, you could be entitled to have your vehicle replaced with a similar one, or the option for the manufacturer to buy back your vehicle. You should not have to deal with the hassle of continuous repairs and defects. Call our office to speak with an attorney who can help you.