Orange County Lemon Law is all about Lemon Law Buy Backs! We understand that when a potential client contacts our office, they generally don’t want thier lemon vehicle any more. So when we take on a new case, it is our practice to acheive a lemon law buy back.
The California Lemon Law is codified in California’s Civil Code Section 1790 et seq., and is referred to as the “Song-Beverly Consumer Warranty Act.” The California lemon law states that “[i]f the manufacturer or its representative in this state is unable to service or repair a new motor vehicle…to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle… or promptly make restitution to the buyer… However, the buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle.” California Civil Code Section 1793.2(d)(2).
In the event that you are unlucky enough to purchase or lease a defective vehicle and the manufacturer or its authorized representative is unable to repair your defective vehicle after a reasonable number of repair opportunities, you may then be entitled to a lemon law buy back under the California lemon law. The consumer may elect either a lemon law buy back or a replacement of their defective vehicle. Whereas the manufacturer or dealership will push the consumer toward a replacement of the defective vehicle, it is often in the consumer’s best interest to choose a lemon law buy back of the defective vehicle.
The law provides that in the case a lemon law buy back, “the manufacturer shall make restitution in an amount equal to the actual price paid or payable by the buyer, including any charge for transportation and manufacturer-installed options, but excluding nonmanufacturer items installed by a dealer or the buyer, and including any collateral charges such as sales tax, license fees, registration fees, and other official fees…” California Civil Code Section 1793.2(d)(2)(B).
It is important to note that most lemon law buy backs are subject to an offset for usage or mileage. This means that the consumer will not be reimbursed for the amount directly attributable to the use of the defective vehicle prior to the time the consumer first delivered the defective vehicle to the manufacturer for repair of the defect that gave rise to the lemon law buy back.
To put in simple terms, the manufacturer will reimburse the consumer for the amount paid on the contract including any down payment and monthly payments, and the manufacturer will pay-off the lender any amount owed on the contract. Although consumers are entitled to incidental damages, (i.e. rental car, towing, insurance and maintenance costs) manufacturers are often unwilling to reimburse consumers for these types of damages. Don’t fret, the lemon law attorneys at Lemon Law Attorney.Net will put their experience and reputation to work to get you the full amount to which you are entitled under the law.
For a clear example of what you may be entitled to, click on What Will I Get? to determine the amount of your lemon law buy back