Dealing with a car that doesn’t work properly is a headache you don’t need. But in California, you may have legal recourse if you have bought or leased a motor vehicle that is defective, covered by the original warranty, and still not fixed after a reasonable number of repair attempts. California’s Lemon Law allows you to recover the cost of your defective vehicle and other related expenses in a successful claim.
At The Barry Law Firm, we understand how frustrating it can be to deal with a lemon. Our California Lemon Law attorneys are committed to helping owners and lessees stuck with lemons become whole through Lemon Law buybacks. We have the knowledge, resources, and dedication to aggressively take on deep-pocketed auto manufacturers.
California’s Lemon Law protection is one of the best in the nation for consumers. However, obtaining a Lemon Law buyback is still a complex legal process, and auto manufacturers employ legal teams to fight legitimate claims. If you have a lemon, let The Barry Law Firm even the playing field and seek justice for you. Call us today or reach out online for your fast and free case review.
What Is a Lemon Law Buyback?
The California Lemon Law says auto manufacturers may be required to buy back motor vehicles that are lemons and pay the consumer for the costs and losses associated with owning a faulty car. A Lemon Law buyback settlement may include compensation for the consumer’s:
- Purchase or lease price, including the down payment, monthly payments already made, and the remaining balance of a car loan
- Collateral costs, including payments for sales or use taxes, license fees, registration fees, and other official fees
- Incidental costs caused by the vehicle’s failure, including reasonable costs for repairs, towing, and alternative transportation
- Attorneys’ fees and court costs, which California’s Lemon Law says shall be awarded in a successful claim
If The Barry Law Firm represents you, your experienced Lemon Law attorney can make sure you are seeking all of the compensation you are due in a Lemon Law buyback and will handle your case at no charge to you. You’ll never receive a bill from us – no matter the outcome of your claim.
Is Your Vehicle a Lemon Eligible for a Buyback?
California’s law says a motor vehicle may qualify as a lemon if it has a substantial defect covered by the manufacturer’s warranty that the manufacturer has been unable to repair after a reasonable number of attempts. California’s Lemon Law applies when the problem is covered by the manufacturer’s original warranty and started while the warranty was still in effect. To pursue a Lemon Law buyback, you must be ready to demonstrate that the problem with your vehicle impacts its use, safety, or value.
You must also have allowed the manufacturer, through an authorized dealership or service center, to make a reasonable number of attempts to repair your vehicle’s defect. Under the Lemon Law, a “reasonable” number of repair attempts is considered:
- Two or more if the vehicle’s defect poses a significant safety issue
- More than two if the defect is less severe
Alternatively, if your vehicle’s defect has made it unavailable to you for an inordinate amount of time, it may automatically qualify as a lemon in certain cases.
How Does a Lemon Law Buyback Work in California?
If you have a motor vehicle that qualifies as a lemon under California law, you have the right to demand that the manufacturer buy it back from you and make you financially whole. As you may expect, vehicle manufacturers are reluctant to make these payments. They are ready to deny and fight your claim.
For your Lemon Law claim to be successful, you must be able to prove your vehicle is a lemon. You must also abide by certain aspects of the law and agreements you made when you bought or leased your vehicle.
The Step-by-Step Guide to Starting the Buyback Process
The California Lemon Law buyback process isn’t simple. You must follow several steps to build a solid claim entitling you to compensation for a Lemon Law buyback vehicle.
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Find the Right Legal Representation for You
The first step toward a Lemon Law buyback is to consult a lawyer. They can determine if your vehicle qualifies as a lemon and guide you through the entire process. Pursuing a Lemon Law case can be substantially harder on your own. The manufacturer may not take you seriously, and their legal team will fight you the whole way. There are also certain requirements and deadlines to meet for a valid claim.
But not all lawyers are the same. You want to choose a California Lemon Law attorney who has experience with these cases, a proven track record, and extensive knowledge of the law. It’s also essential to find a lawyer that you feel comfortable with and keeps you up-to-date throughout the case, allowing you to make your own informed decisions.
Many Lemon Law attorneys offer free consultations so you can get to know them and what they can do for you. Reach out to The Barry Law Firm today for your free case evaluation and learn how we can help you pursue a claim and fight to protect your rights.
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Make Sure You Know Your Rights and Requirements
The next step is to review your vehicle’s sale or lease contract and the manufacturer’s warranty. These legally binding documents will define the scope and duration of warranty coverage and may exclude certain issues or defects from coverage. They may also outline specific procedures for reporting and resolving warranty issues.
Most consumers should have a lawyer help them review these documents. A lawyer from The Barry Law Firm can help you understand your rights and obligations. We can then help you proceed in a way that does not negatively impact the process and outcome of a Lemon Law claim.
Some contracts have time limits for filing warranty claims that are stricter than California’s Lemon Law statute of limitations. You should speak to an attorney as soon as you think your vehicle will qualify as a lemon car.
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Documentation Is Key
One of the most critical steps is documenting the car’s defect and the manufacturer’s attempts to repair it. You must show that:
- Your vehicle has a substantial problem affecting its use, value, or safety.
- The problem started during the original warranty period.
- You have given the manufacturer a reasonable number of opportunities to repair the faulty vehicle.
You should gather proof of the defect, work orders, invoices for repair work performed, and any correspondence with the dealership or service center to fully document the ordeal you’ve been through with your faulty vehicle. The Barry Law Firm can help you assemble this documentation to establish all the required factors and build a compelling case.
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Calculate the Damages
Next, evaluate the damages you are due from your vehicle’s manufacturer. The Barry Law Firm can help you calculate a buyback figure based on your vehicle’s full purchase or lease price, including any payments you have made or would owe, and your collateral and incidental costs.
California’s law allows an auto manufacturer to deduct a “usage fee” or “mileage offset” from the amount they reimburse a consumer. It is based on the miles driven before the first attempt to have an unrepairable problem corrected.
A Lemon Law buyback also includes all of your attorneys’ fees and expenses, which the law says the judge shall order upon the conclusion of a successful claim.
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File a Lemon Law Claim
With the help of The Barry Law Firm, you can then file a Lemon Law claim and demand a buyback, assuming the manufacturer hasn’t made things right already. After we have presented your vehicle’s manufacturer with evidence that your vehicle is a lemon and a full accounting of the compensation you are owed, your attorneys and the manufacturer will likely enter into negotiations to find a settlement that is fair and acceptable to you.
If the manufacturer refuses to make a fair offer, The Barry Law Firm will be prepared to take your case to trial. Settlement negotiations may continue until a judge or jury returns with a verdict, but we will present a strong and persuasive case for you in court.
What Can an Experienced Lemon Law Buyback Attorney Do for You?
California’s Lemon Law protects consumers who have purchased or leased faulty motor vehicles. If your vehicle has defects covered by the manufacturer’s warranty that remain after multiple unsuccessful repair attempts, The Barry Law Firm in Los Angeles, CA, can help you pursue the maximum amount of compensation available in a Lemon Law buyback. We have focused exclusively on California Lemon Law claims since 2010, helping thousands of consumers get the money they were owed for their defective vehicles.
Our skilled Lemon Law attorneys will:
- Advise you on your rights under California law
- Determine whether you have a lemon vehicle
- File a Lemon Law buyback claim in California and your next steps
- Manage all the details of your case from start to finish
- Provide outstanding customer service and take the burden off you
- Take care of all the paperwork and court filings that your case needs
- Aggressively advocate for you in any settlement discussions and in court, if needed
- Handle your case with absolutely no costs to you
Stop butting heads with your manufacturer over a vehicle that cannot be repaired. Contact us online or call 877-LEMON-03 today for a FAST & FREE consultation about making your faulty motor vehicle’s manufacturer buy it back from you.
