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Under California’s Lemon Law, Is It Best For Me to Replace or Have Them Buyback My Car?
Everyone starts happy when they buy a new car or a nice used one. But getting a lemon can be very frustrating when the auto gives you constant issues.
However, you do have California’s Lemon Law. If you use it correctly, with the help of a professional, it can solve the issue by either having the dealer buy back the car or replacing it with a new one.
The question arises, however, what option is best for you to do? Also, how much compensation will you get if you choose to have the dealer buy back your car?
California has one of the best lemon laws in the country, but the process can be arduous and complex. Many documents must be gathered, with numerous rules and regulations.
Whether you decide to have the dealer buyback your car or get your vehicle replaced, certain things must be taken into consideration, such as:
- The Miles you’ve put on the car since it’s been in your possession.
- The number of payments you’ve made up to the buyback or replacement date.
- Any payments you made on failed repair attempts.
However, if you’ve made or added any aftermarket additions or parts, these will not be considered in the compensation you may receive.
Possibly the most beneficial aspect of getting a vehicle replacement is that you, once again, have immediate transportation. When you discover that your original vehicle wasn’t reliable, getting compensation to repurchase your lemon vehicle is a solid way to resolve your issue. Still, it takes time, and you’re not back on the road immediately.
When you opt for a replacement car, it must be of comparable value to your former one. Therefore, when replacing the original vehicle, you should receive a car with all the features you wanted previously.
By doing a buyback, the manufacturer must repurchase the lemon vehicle. However, many items must be considered, such as the original cost, payments made on your loan, etc.
The buyback process could take significant time, and then you must start looking for a new, more reliable car.
Both options solve your problem, so it is essential to consider both benefits and downsides and see which one best suits your needs.
If you find yourself in this position, the advice and guidance of a skilled lemon law lawyer will prove invaluable in deciding what’s best for you to do.
If I Do a Buyback, How Much Will I Get for My Lemon?
If you want the manufacturer to buy back your lemon, they must follow strict guidelines and regulations to calculate the amount you will receive.
For example, the manufacturer must refund your full downpayment, all the payments you’ve made to date, license and registration fees, sales tax, etc.
Usually, the manufacturer must also reimburse you for expenses incurred while your car was in the shop dealing with your Lemon Law claim. These expenses could include the cost of a rental car, tow truck fees, Uber, or taxi fares, and much more.
You must note that the manufacturer does not have to reimburse you for optional upgrades, such as an aftermarket sound system installed in your car.
They can also deduct mileage by using a lemon law calculation. This would include multiplying the miles your car had on it when you first brought it into the shop by the cash price you paid. You then would divide this figure by 120,000 (the California stated life of most cars)
For example, if you originally paid $15,000 for the car and drove 12,000 miles before you brought the car in, the mileage offset calculation would be 15,000 x 12,000 / 120,000 = $1,500.
If you are actively going through this buyback process, your lemon car lawyer will guide you through all the steps and rules that must be met. Every calculation, such as an error with the mileage deduction, can significantly reduce your compensation under the California Lemon Law repurchase formula.
What Happens If I Lease the Lemon, Instead of Purchasing It?
The Lemon Law process is slightly different if you have a leased car. There are no specific formulas for repurchasing leased vehicles; however, if your car is a lemon, your best path is to obtain the opinion of a San Diego lemon lawyer, who explains your rights and options.
In most lease cases, the lessor could receive the pay-off amount due under your lease, less your security deposit and refund you might receive for an unexpired service contract.
The lessee would be reimbursed for any fees incurred, such as sales tax, registration, license, etc., and incidentals, such as damages, a rental car, or towing costs incurred.
You must note, however, that applying the Lemon Laws to leased vehicles is far more complex but doable. However, the help of a qualified, skilled lemon car lawyer is mandatory for success.
What Are Some Steps I Should Take To Start My California Lemon Law Case?
The lemon law buyback (or repurchase) process can be legally complex, and if you are considering it, there are steps you should take.
Some examples of these steps are:
- Take your vehicle to the dealer for proper maintenance – If you think you have a lemon, you first need to have your damaged automobile to the manufacturer’s dealership as soon as possible. The sooner you start the process, the better.
- Make a detailed record of the repair attempts. This is vital because if you clearly present how hard you tried to repair the car, your lawyer will have more documentation to present your case successfully.
- Determine what your buyback amount may be – This should always be done with the help of your San Diego lemon lawyer, as the calculations are critical to the successful outcome of your case and the compensation you may receive.
- File your claim – If you’ve bought a lemon in California, you may be entitled to a refund or replacement under the state’s lemon law. However, this process is daunting, and to help ensure your success, you must have the professional help of an aggressive and skilled California lemon lawyer.
I Need More Information on a Lemon Law Buyback in California; How Should I Proceed?
If you’ve purchased a new, used, or even leased vehicle and found it defective, you must get a free consultation from a San Diego lemon lawyer. California’s lemon laws are designed to be consumer-friendly, and in the hands of a professional, this pressing and frustrating problem can be solved.
Your lawyer will know how to proceed and help with the challenging paperwork and valuation of your compensation.
The skilled lemon law lawyers at San Diego Lemon Law have over 20 years of experience successfully handling all types of lemon law cases and getting the outcome you deserve. Call them today at (619) 434-0819 for a free telephone consultation and start today on solving your stressful and costly lemon law case.
