California Lemon Lawyer Explains the Buyback Process
You bought or leased a car, but it spends more time in the repair shop than on the road. When this happens, you may have to face the reality that your car is a lemon. What can you do if you purchased a lemon? Fortunately, lemon laws in California protect consumers from defective vehicles. If you are considering a lemon law claim, it is important to know what to expect from a California lemon law buyback.
For consumers who purchased or leased a defective vehicle, a lemon law claim may be the only way to avoid significant financial losses. A California lemon law attorney can review your situation and help you determine if you meet the criteria for filing a lemon law claim. If you do, the manufacturer must buy back or replace your defective vehicle.
If you want the manufacturer to buy back your defective vehicle, there are many things you need to know about the lemon law buyback process in California.
Do You Have a Lemon?
Before you can start the lemon law buyback process, you need to determine if your car is a lemon. In California, there are many factors that must be considered. Generally, to qualify under the lemon law, your car must have a defect that significantly effects the car’s use value or safety and the manufacturer or its authorized repair facility has been unable to repair the car after a reasonable number of repair attempts. In addition, there are certain situations under which the law presumes that the car is a lemon. You need a qualified lemon law attorney to guide you through the potential complexities of the lemon law.
What is a California Lemon Law Buyback?
When you purchase a defective vehicle, one option available to you is a lemon law buyback. This is when a manufacturer buys back your defective vehicle for the “buyback amount.” The amount of money they pay you is based on several factors and must include payment for:
- The down payment of the vehicle
- The monthly payments you have made thus far
- The remainder of the car loan
- Any transportation charges you paid when you purchased the car
- Charges for any manufacturer-installed items
- All sales taxes, registration fees, and licensing fees
- Incidental damages, such as towing fees, repair costs, and rental car expenses
Once the total buyback amount is determined, the manufacturer can subtract a usage fee for the miles driven prior to the first time the vehicle broke down. To determine this usage fee, California uses a simple formula. Your lemon law attorney can help you understand the amount of money you will receive for your vehicle.
Fighting Auto Manufacturers Takes Time
The law requires that the manufacturer “promptly” repurchase or replace your car if it qualifies as a lemon. Unfortunately, manufacturers often fail or refuse to follow the law. Auto manufacturers have large legal teams on their side fighting for their rights. The legal process can take time and is often complex. As such, you should have a California lemon law attorney on your side.
Fortunately, a lemon law attorney can help speed up the process. Your attorney will have experience and resources to fight auto manufacturers. They know what it takes to get a buyback processed as quickly and as efficiently as possible. They will help ensure that you do not have to pay out-of-pocket because you purchased a defective product.
An Attorney Can Help With You California Lemon Law Buyback
If your car is a lemon, you may be able to file a California Lemon Law claim. Your lemon law attorney in California will be able to represent you through the entire legal process. To learn more about lemon law buyback and what to expect, contact an Antelope Valley lemon law attorney at Kostas Law Firm. Call us at (661) 206-2629 or fill out our confidential contact form. If you live in Antelope Valley, Lancaster, or Palmdale and you have a defective vehicle, we can help you through the California lemon law buyback process. Call today!