What is a Lemon Law Buyback?

Have you purchased a vehicle that turned out to not be as advertised? If so, then because of your unsafe and unreliable vehicle, you may be eligible to pursue a Lemon Law claim. California residents and consumers may have heard of the Song-Beverly Consumer Warranty Act. Commonly referred to as the Lemon Law. This consumer protection act can help you recover your losses if you have purchased a lemon (a vehicle that has recurring and unfixable mechanical issues that make it unsafe and unreliable). A Lemon Law buyback is simply the process that returns your money to you or helps you to replace a defective vehicle. If you have purchased a defective vehicle, an experienced attorney can help you get your money back. Reliable transportation is a vital need for a successful life, especially when it is required for your occupation. This makes the Song-Beverly Consumer Warranty Act even more important!

When are Lemon Law Protections Implemented?

Lemon Laws are popular when it comes to buying used cars that are still under warranty; but unfortunately, they are being used more and more by consumers who have purchased vehicles directly from manufacturers. You can pursue a Lemon Law claim in the event of the following:

recurring mechanical issues or major problems,
vehicle problems that cannot be properly fixed while the warranty is still in place,
a situation where the warranty is newly expired, and the vehicle was not properly repaired.

Essentially, if, after a reasonable number of attempts to repair or correct, your vehicle continues to have issues with safety and reliability, you should pursue a Lemon Law claim. If your claim is successful, you could receive your money back, get an amount equal to the replacement cost of the vehicle, or be awarded a new, properly working vehicle.

How are Lemon Law claim amounts calculated?

Several factors are considered when calculating the amount of your claim. For example, if you have substantially used your car, you won't be credited for miles driven when the vehicle was operating properly. In most instances, the number of odometer miles are divided by 120,000. Depreciation costs will also be factored into the calculation. All of these deductions will be made from the purchase price of the vehicle and the difference will be returned to you.

Do I need to hire an attorney to help with my Lemon Law claim?

In most instances, it is advisable to hire an attorney when you decide to pursue a Lemon Law claim. A lawyer can help make the process much more streamlined and a lot less stressful. They can also help to expedite the paperwork and the overall time it takes to complete your claim. Additionally, they will work to ensure that you receive the compensation that you deserve. A Lemon Law claim is one of those instances where it makes a lot of sense to rely on the services of an experienced professional.

How can I increase my chances of receiving compensation?

Similar to most other areas of laws and claims, it is important to document all events as they happen in real time. In addition to all of your receipts and invoices, it may be helpful to keep a written record of the vehicle problems and the steps you take to try to fix them. You will need to be able to prove that you made reasonable attempts to fix the problem as part of your claim. If you are in a situation where the mechanic is unable to find the source of the problem, or even identify the problem itself, you will need to take further steps. For example, if there is a loud screeching sound every time you make a right-hand turn, but your mechanic does not hear that sound during their testing, you will have to do more. Request that you take the vehicle for a test drive with the mechanic present. This will increase your chances of both getting the problem resolved and creating good documentation of the issue. In your problem log be sure to make note of the date, time of the test drive, and the name and official position of the mechanic who accompanied you. Every time that you take your vehicle in for service, be sure to take a copy of the work order with you in addition to the invoice. Before you leave, make sure that you check all the documentation for accuracy and completeness. Do not leave until you have full documentation of the work that is correct.

Whose work is covered under the Lemon Law protections?

Most importantly, make sure that you only allow dealerships or mechanics whose work is covered under the manufacturer's warranty to work on the vehicle. If you take your vehicle to an unapproved service provider, it may make it very difficult or impossible to receive any compensation through a Lemon Law claim. If you are in doubt, ask the dealership or repair shop for paperwork confirming that all of their work is indeed covered under the manufacturer's warranty. While the Lemon Law is in place to protect consumers, the process of filing a successful claim can be overwhelming. Don't let this stop you! If you need additional help, don't hesitate to enlist the services of an attorney who is experienced at filing Lemon Law claims. Manufacturers have a lot of time and resources available to make your claim process as difficult as possible. They may use these advantages to try to make the process so awful that you give up.

Because of these known tactics, we recommend hiring a lawyer right away. There is no reason to suffer through an unwieldy process when there is help available! If you have purchased a vehicle that is unsafe, unreliable, or otherwise not as advertised, don't hesitate to pursue a Lemon Law claim. You deserve to enjoy the protection that the Song-Beverly Consumer Warranty Act provides.