Purchasing a vehicle is a significant investment, and consumers expect their cars to function properly. However, some vehicles experience persistent defects despite multiple repair attempts. Fortunately, California Lemon Laws provide protection to car owners facing these issues. If a vehicle qualifies as a “lemon,” the owner may be entitled to a replacement vehicle or a refund/buyback from the manufacturer.
California’s Lemon Law applies to both new and used vehicles that are still under the manufacturer’s original warranty. It covers cars, trucks, SUVs, motorcycles, and even leased vehicles. If a vehicle has substantial defects that impair its use, safety, or value, owners should consider pursuing a California Lemon Law claim.
- Over 150,000 vehicles are repurchased annually under California Lemon Laws.
- Approximately 1% of all new cars sold in California turn out to be lemons.
- Most manufacturers prefer settling claims rather than going to court, making legal assistance valuable in maximizing compensation.
California Lemon Law Replacement Vehicle
Under California Lemon Law, eligible consumers may receive a replacement vehicle if their car meets the state’s lemon law criteria. This means the manufacturer must provide a new vehicle of the same make and model or a comparable alternative. However, certain conditions must be met:
- The vehicle must have a substantial defect covered under the manufacturer’s warranty.
- The defect must persist after a reasonable number of repair attempts.
- The problem must significantly impact the safety, use, or value of the vehicle.
- The issue must not be caused by misuse or unauthorized modifications.
Manufacturers are required to provide a vehicle of equal or greater value without additional costs to the owner. If a replacement vehicle is not a suitable solution, consumers may opt for a buyback/refund instead.
California Lemon Law Refund/Buyback
The California Lemon Law Buyback process ensures that vehicle owners receive a refund when their car is deemed a lemon. The manufacturer must repurchase the defective vehicle and compensate the owner for the following expenses:
- Down Payment & Monthly Payments – Any amount paid toward the vehicle’s purchase.
- Loan or Lease Payoff – If the vehicle was financed, the outstanding loan balance is covered.
- Registration & Taxes – All applicable fees are paid during the purchase.
- Repair & Towing Costs – Any repair costs directly related to the defect.
- Incidental Expenses – Costs such as rental cars and alternative transportation due to the defect.
However, the manufacturer may deduct a mileage offset based on the miles driven before the defect was first reported. This calculation ensures that consumers are fairly compensated while accounting for the usage of the vehicle.
How to Obtain a Lemon Law Buyback in California
Filing a California Lemon Law claim involves several essential steps to ensure eligibility for a buyback or replacement:
- Document the Defects – Keep records of all repair attempts, service invoices, and communications with the manufacturer.
- Meet the Repair Attempt Criteria – Generally, a vehicle qualifies if:
- The same defect persists after two or more repair attempts (if it poses a serious safety risk).
- The defect remains unresolved after four or more repair attempts.
- The vehicle is out of service for 30 or more days due to repairs.
- Submit a Lemon Law Claim – Contact a California Lemon Law lawyer to initiate a claim against the manufacturer.
- Negotiate a Settlement – The manufacturer may offer a buyback or replacement; if not, legal action may be necessary.
- Receive Compensation – Once the claim is settled, consumers receive their refund or replacement vehicle.
Since auto manufacturers often resist Lemon Law claims, seeking legal guidance is crucial to maximize compensation and ensure a fair resolution.
Schedule a Free Consultation
Consumers dealing with a defective vehicle should not have to struggle for a fair resolution. Crown Law Group, PC specializes in helping vehicle owners fight for their rights under California Lemon Laws.
To determine eligibility for a Lemon Law Buyback, contact Crown Law Group, PC today for a free consultation at 310-734-0504.