If you have a defective vehicle in California that is still under the factory warranty, you may wonder whether you qualify for protection under the California lemon law and whether the lemon law buyback voids the warranty on the vehicle.
One of the ways you can get relief under the law is through a lemon law buyback. This is where the auto manufacturer buys the vehicle back from you because of defects that cannot be repaired after a certain number of attempts. A buyback should include a refund of all cash you spent to buy the vehicle. This would include the down payment and all monthly payments, including interest and taxes.
They also should pay, at a minimum, is for a pro-rated part of any service contracts or GAP you may have purchased with your car. What you may be responsible for is a usage fee. The usage fee is for the value of the miles you drove the car prior to it having problems. The buyback should include a reimbursement for any expenses that you had because of your lemon vehicle, including rental and towing costs. Also, the balance on the loan is fully paid off.
Another common question that people ask when they are thinking about buying a vehicle previously declared to be a lemon is whether that voided the original factory warranty. It is common for vehicle manufacturers to need to buy back a small percentage of their vehicles under the California lemon law. For the most part, the auto manufacturer will repair the vehicle and resell it at a discount. The manufacturer is required to disclose that the vehicle was part of a lemon law buyback and is now a used car.
The dealer and manufacturer are still required to honor whatever is left on the factory warranty, regardless of the fact that it was a lemon law buyback. It is possible that the manufacturer may offer an extended warranty specifically for the part of the vehicle that was the reason for the buyback.
If you are thinking about purchasing a lemon law buyback vehicle, you should do so only after a careful test drive and inspection by an independent mechanic. Some lemon law buyback cars actually are good deals with minimal problems, but it’s better to be safe than sorry!
If you end up having problems with your car under the manufacturer’s warranty, or with a lemon law buyback vehicle, talk to an experienced lemon law attorney to determine whether you have legal recourse.
Contact a California Lemon Law Attorney Today
Can you handle a lemon law claim without an attorney? Your chances of a successful claim are nearly always better with an attorney. You do not need to pay legal fees for using our California lemon law attorneys so you have nothing to lose. The California lemon law attorneys at Neale & Fhima are experienced in these cases and offer a free consultation to determine whether you have a good case. Contact Neale & Fhima today.