If you’ve purchased or leased a vehicle, you understandably have certain expectations about how well the car or truck will perform. But what happens when you discover a defect that never seems to get fixed, no matter how many times you take it to the dealership for repairs? This is when California’s lemon law buyback comes to the rescue.
You don’t have to get stuck with a clunker. There are state laws designed to protect consumers from vehicles that roll off the assembly line with chronic malfunctions. While it’s no fun to find out that you’ve purchased a lemon, at least you have legal recourse! Read on to find out what you can do.
A tough attorney will fight for your rights under the California lemon law. In a nutshell, here’s how the lemon law buyback process works:
Your attorney will be able to guide you through this entire process and keep you informed at each stage.
The Song-Beverly Consumer Warranty Act (Civ. Code, § 1793.2 et seq.) codifies details of the California Lemon Law. Under the Act, if you purchase a defective vehicle, you are entitled to a refund, or the vehicle can be replaced at the manufacturer’s expense. But you must prove your vehicle is a lemon according to legal guidelines. Some defects don’t qualify for a lemon law claim. Before filing a claim, you must have made a reasonable number of attempts to have the car or truck fixed. Make sure your repair attempts are done at an authorized dealership rather than by a neighborhood mechanic. If each repair attempt fails, then …
Very often, consumers worry that the specifics of their lemon law claim may not quite fit the exact guidelines of the lemon law as it is written. Don’t stress about that. An experienced lemon law attorney may understand ways that your situation can still qualify under the Song-Beverly Act. You can read more here: How the manufacturer buyback works. You can also learn more about the lemon law on the California Attorney General’s website. Keep in mind, too, that the lemon law in California applies to used vehicles as well as new cars, trucks, RVs, recreational trailers, boats, and SUVs. It also applies to leased vehicles.
If your vehicle has had several repair attempts for the same defect but the problem is never fixed, call Neale & Fhima at 877-308-2128 to find out how we can help.
Generally, the manufacturer will buy back your vehicle for the entire amount you paid for it. This includes money for your initial down payment, all of the monthly payments you’ve made so far, sales tax, interest charges, and compensation to pay off the balance of your car loan.
The manufacturer is not responsible, though, for any late fees you may have incurred if you didn’t make your car payments on time. Also, if your vehicle’s problems didn’t start immediately when you drove the vehicle off the dealership’s lot, a mileage-use reduction formula will apply for the number of miles you drove the vehicle before the defect became apparent.
Here’s an example of how the mileage-use reduction works:
In this example, the use-reduction results in the consumer’s receiving $4,167 less than the purchase price. This represents the value of the 10,000 miles of usage prior to the defect’s becoming apparent. How is this calculation made? Divide the odometer reading at the time the mechanical problems begin by 120,000, then multiply it by the purchase price. The dealer must also reimburse you for any expenses and costs you incurred while your car was in the shop.This is how the lemon law buyback works.
The statute of limitations for filing a lemon law claim in California is four years from the date knew or should have known that the vehicle was a lemon. This does not mean that if you have had your vehicle for more than 4 years, you cannot bring a lemon law claim. Our attorneys at Neale & Fhima have successfully “lemoned” vehicles that are over 10 years old. If you have purchased or leased a lemon, you’ll want to start the buyback process as soon as possible. After the statute of limitations has passed, a judge may dismiss your case, but don’t hesitate to contact our team if you have questions about the statute of limitations. So collect copies of your repair bills, work orders, and receipts and call a skilled lemon law lawyer today.
A lemon law claim often can be resolved in as little as 30 days, though in some cases it can take months if a manufacturer is balking or if there are complexities in your specific case. The more experienced your attorney, the more smoothly and efficiently the process goes. That’s because there are a lot of technicalities and vague aspects to the legal statutes, so you want to make sure you hire an attorney who really knows the lemon law.
Neale & Fhima lemon law attorneys are among the best and the brightest in California. We have an outstanding 99% record of success in handling lemon law claims for our clients! The team at Neale & Fhima is committed to each client’s case, and we give you our full attention.
Here are a few of the reasons you should choose us:
If you’re ready to get started, so are we. Call Neale & Fhima at 877-308-2128 today to put our legal experience to work for you. You don’t have to be stuck and remain frustrated with a car or truck that spends more time in the repair shop than it does on the road. Our attorneys are aggressive and committed to our clients’ success. We won’t stop fighting until you get the buyback you deserve. We know how to win lemon law cases!