Getting the Most Out of Your California Lemon Law Buyback
If you were sold a defective vehicle, you have the right to force the manufacturer or dealership to either replace your vehicle or buy back your lemon. Below, we discuss important features of the buyback process that many consumers overlook. Read on for a discussion of buybacks under the California Lemon Law, and speak with a California lemon law attorney if you think you’ve been sold a lemon or if you have any California auto fraud issues.
Buybacks and Replacements
If you have been sold a defective vehicle, your vehicle qualifies for protection. If the manufacturer or dealership is unable to repair your defect after a reasonable number of attempts, you have the right to a buyback or a replacement. You can typically choose to either get a replacement vehicle or force the manufacturer or dealership to repurchase the vehicle from you. A replacement will usually be the same vehicle without the defects, but an exact duplicate may not be available. The manufacturer must cover any taxes, licensing fees, registration, and other costs associated with a replacement, as well as incidental damages.
Covering All Your Costs
If you cannot agree on a replacement, the manufacturer must repurchase your defective vehicle. Many consumers do not realize that buybacks cover more than the exact cost of the car. At base, they must pay you the entire amount paid or payable for the vehicle, less any mileage offset. This includes any down payment and monthly payments you have made towards the vehicle, as well as the remaining principal due on your auto loan.
Additionally, the manufacturer must compensate you for other costs you incurred as a result of the defects. They must pay you for transportation fees or other charges incurred at the time of purchase, as well as license and registration fees, taxes, other official fees, and incidental damages. Incidental damages cover anything that you were forced to pay as a result of the vehicle defect and your repair attempts. Incidental costs include things like rental fees, towing fees, and repair expenses.
To ensure that all of your costs are covered, make sure to keep detailed records of all of your expenses as you go through the repair process. Keep copies of receipts and other documents relating to your lemon vehicle. You may be surprised how far these costs can stretch. You may even be able to include things like hotel stays, meals, and lost wages, depending on how much you were inconvenienced by your defective vehicle. The more proof you have readily available, the more likely you will receive full compensation for the damages caused by your defective vehicle.
If you purchased a defective vehicle or have been the victim of fraud when purchasing a car in California, find out if you have a right to compensation by contacting the talented and passionate California lemon law and auto fraud lawyer Nick Nita for a free consultation in Los Angeles at 213-232-5055 or statewide at 877-921-5256.
