Free Buyer GuidesCalifornia Manufacturer Buyback Lawyer
Manufacturer Buybacks
According to the Tanner Consumer Protection Act of California (sometimes referred to as the California Lemon Law), consumers maybe able to require a manufacturer to repurchase a vehicle if the vehicle has a defect that cannot be repaired after a reasonable number of attempts. Specifically, according to the Lemon Law, within the first 18 months of owning a vehicle (or 18,000 miles of driving it – whichever comes first), if any one of these three conditions is met, the vehicle is presumed to be a lemon, and a buyer may be entitled to a repurchase or refund:
- The owner has made two (or more) attempts to fix a problem that makes the car unsafe to drive – without success.
- The manufacturer (or authorized dealer) has tried to repair the same defect four times or more – without success.
- Your motor vehicle has been rendered out of service for 30 days (total – not necessarily consecutive) due to repairs.
A skilled California lemon law attorney will tell you that even if the above conditions are not met you may still be entitled to your money back or a new car if your vehicle cannot be repaired after a reasonable number of attempts. The rules governing manufacturer repurchases can get quite complicated, and the Lemon Law is subject to reasonable interpretation. Manufacturers, for instance, might claim that the damage is not "substantial," that the car has indeed been repaired, or that the consumer is making up the problem or blowing it out of proportion.
Substantial Nonconformity
One important term to know is "nonconformity." A nonconformity is a problem that substantially impairs the safety, value, or use of a vehicle to the leaseholder or buyer. Essentially, it's what most people would call a defect.
Not all defects will be substantial enough to merit a manufacturer buyback, however, such as:
- problems with a radio or CD player
- car paint irregularities
- less than optimal gas mileage
Some problems may be ambiguous. For instance, if your engine light doesn't work, this may or may not be considered a substantial nonconformity, as it may just be a broken light or an indication of serious engine problem.
In clear cut cases -- such as the car's brake system repeatedly failing even after multiple repair attempts -- consumers may have a (relatively) easy time demonstrating that they deserve a buyback, refund, or other compensation. But in more ambiguous cases – and even in some not so ambiguous cases – auto manufacturers may fight your case vigorously, drawing on expert testimony and leveraging the power of many skilled attorneys.
Other times, manufacturers will offer an unsatisfying halfway solution – providing bad repairs, partial refunds or a replacement car that does not match the vehicle originally purchased.
Please note that even if you bought a used car – whether it was certified pre-owned or not – you still may have significant rights and recourse to getting compensated. Likewise, even if you have passed the 18,000 mile marker (or 18 month marker), you may still be able to compel the manufacturer to repurchase your vehicle. The Lemon Law has a four-year statute of limitations – that is, you have up to four years from the time you knew (or should have known) that your vehicle was indeed a lemon to take legal action.
Contact a Lemon Law Buyback Attorney in California
Unless you, like all car manufacturers, have a vigorous and experienced lemon law attorney on your side, you could have a difficult time compelling satisfactory results. Rather than trying to assess the merits of your case on your own, consider speaking today with veteran CA lemon lawyer, Howard Silver. The Law Offices of Howard D. Silver has a 95% success rate, and we provide free consultations for anyone who believes that they may have a case under the California Lemon Law. Call us toll free at 1-866-49-LEMON.