Learn About the California Lemon Law Buyback Process and Talk to a California Attorney Today
If you have a potential lemon vehicle, you probably want to know about the steps in the lemon law buyback process. At Neale & Fhima, our lemon law attorneys possess many years of experience helping our clients with their lemon law claims. We will work closely with you on your lemon law claim to ensure you get buyback or a refund, or a different type of settlement, depending on what you want. Learn more about the steps in the lemon law buyback process below
Overview of the Lemon Law Buyback Process
When an auto manufacturer repurchases your car under The California Lemon Law, it needs to compensate you with the buyback amount, minus a mileage use offset. The buyback amount should include the entire amount that you paid for the vehicle. This means it must provide you with enough compensation to pay you back for your down payment and all monthly payments, including sale tax and interest charges, as well as pay off the loan on the vehicle. Note, however, that the manufacturer is not required to pay for your late fees or other related penalties you could have incurred while you had the car loan.
Going through a lemon law buyback can be a bit complicated. The whole process generally is in seven stages:
#1 Take Your Car to an authorized Dealership for Repair Immediately
You must give the manufacturer’s dealership a reasonable opportunity to repair the lemon vehicle. This generally means the dealership must have attempted to fix the vehicle at least two times.
#2 Keep Good Records of All Repair Attempts
One of the most important parts of the lemon law buyback process is to keep careful records of all repair attempts on your car. If you do not have good records of the warranty work performed, or pictures or video of the defect occurring, this can delay your buyback process. Save copies of all work orders, emails, text messages, pictures and video relating to the lemon car. If the car dealer is too busy to work on your vehicle, get documentation that shows you tried to have work done that day.
#3 Hire a Lemon Law Attorney
It is smart at this stage to hire a California lemon law attorney. Hiring an attorney for this claim offers you major benefits. The experienced attorneys at Neale & Fhima will make sure every step of your lemon law claim is handled properly before taking further action. Your attorney will also deal with the remaining complex steps of the lemon law buyback process. They will also litigate the claim if negotiations with the company break down. Furthermore, the auto manufacturer is required to pay your attorneys’ fees and costs, you do not pay them.
#4 File a Claim
At this time, your lawyer will inform the auto manufacturer of your lemon law claim and that you want a buyback. The complaint will include supporting information regarding the lemon vehicle and will show that you are eligible for California lemon law benefits.
#5 Negotiate What the Terms of the Buyback Are
This is the time you want to have an experienced lemon law attorney working for you. Manufacturers often try to deny a claim based on incorrect assertions or incorrect interpretations of the law. Even if they concede that you have a valid claim, they will try to pay you as little as possible. Neale & Fhima knows auto manufacturer tactics and will ensure the manufacturer gives you a fair price for the buyback of a lemon.
#6 Turn Over the Defective Vehicle
Even if a car is defective, some owners are reluctant to give the car back because of an emotional attachment to it. But if you want to get as much value as possible with a buyback, you need to turn the car over to the dealer.
#7 Get Paid by the Manufacturer
The money the auto manufacturer pays you for the lemon car is yours. You can use it to buy another car or spend it as you like. The auto manufacturer will pay your attorney fees as well, not you.
Is Your Car a Lemon? Talk to a California Lemon Law Attorney at No Charge.
Paying your hard-earned money for a new vehicle that has major defects is upsetting. Even worse, some lemon vehicles can have serious mechanical problems that can put your safety in jeopardy.
Neale & Fhima has been successful in obtaining many lemon law settlements in our state against auto manufacturers. Please request a complimentary consultation by calling us at (949) 661-1007. Or, complete our online contact form. We will stand with you against the auto manufacturer who has wronged you and get the compensation you deserve.