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If you have a defective vehicle that meets requirements under state law, you can begin the California lemon law buyback process. The manufacturer must pay a variety of the charges that you incurred while leasing or making payments on the new vehicle as well as any ancillary costs.
The Law Office of Jacob Kashani is here to help you throughout the lemon law buyback process. After over 20 years of experience, I know that car manufacturers will be backed by a legal team aiming to minimize their payments for faulty vehicles. Luckily, my passion for automobiles allows me and my team to be the best at what we do.
What Is Lemon Law Buyback?
A Lemon Law buyback is when the auto manufacturer is required to take your defective vehicle back and refund your money under California’s Lemon Law. In a typical buyback, the manufacturer must:
- Repurchase your vehicle
- Refund your purchase price (or lease payments already made), plus certain fees and taxes
- Subtract only a limited mileage offset for the use you got before the defect first appeared
The result is that you are no longer stuck with an unsafe or unreliable car. Instead, the financial burden is shifted back where it belongs, on the manufacturer that sold a defective vehicle. An experienced California Lemon Law attorney like Jacob Kashani can help make sure the buyback amount is calculated correctly and that you are not pressured into an unfair offer.
Who Qualifies for a Buyback?
You may qualify for a California Lemon Law buyback if your vehicle has serious problems that the dealer just cannot seem to fix. In general, you are in the right territory if:
- The defect started while the vehicle was still under the manufacturer’s warranty
- The problem affects how you use the car, what it is worth, or how safe it feels to drive
- The dealer has had several chances to repair it, or your vehicle has spent a lot of time in the shop
This can apply to many new, used, and leased vehicles. If you are unsure whether your car meets the standard, Jacob Kashani, California Lemon Law Attorney, can review your repair records and tell you if a buyback is on the table.
The California Lemon Law Buyback Process
If your car keeps going back to the shop, it helps to know how the California Lemon Law buyback process actually works. Here is a simple step-by-step overview of what usually happens.
Step 1: Check if your vehicle and warranty are covered
California’s Lemon Law can apply to many types of vehicles, including:
- New cars, trucks, SUVs, and vans
- Certain used or certified pre-owned vehicles that are still under the manufacturer’s new vehicle warranty
- Many leased vehicles, as long as the lease was signed in California
The key is that the defect started while the manufacturer’s warranty was still in effect. Problems that show up within the first 18 months or 18,000 miles create a strong presumption that the law applies, but you may still qualify even if issues begin later.
Step 2: Confirm that the defect is serious enough
Next, look at what is wrong with the vehicle. A potential lemon usually involves:
- A defect covered by the warranty
- A problem that affects how you use the vehicle, what it is worth, or how safe it is to drive
- An issue that keeps coming back, even after repairs
This might be engine trouble, transmission problems, braking or steering issues, stalling, electrical failures, or other recurring defects that make you lose confidence in the car.
Step 3: Give the dealer a reasonable chance to repair
Before a manufacturer has to buy back or replace your vehicle, the law requires a “reasonable” number of repair attempts. In many cases, that means:
- Several repair attempts for the same problem, or
- Fewer attempts if the defect creates a serious safety risk, or
- The vehicle spends more than 30 total days in the shop for warranty repairs, even if the days are spread out over different visits
These are guidelines, not strict cutoffs. You may still have a strong claim even if your situation does not match these numbers exactly.
Step 4: Document everything
Good documentation is one of the most important parts of a successful California Lemon Law buyback. Try to keep:
- Every repair order and invoice from the dealership
- Notes about what you told the service advisor and what they told you
- Records of mileage at each visit and how long the car was in the shop
- Emails or texts with the dealer or manufacturer
This paperwork helps show how often you have tried to fix the car and how much the defect has disrupted your life.
Step 5: Track the mileage at the first qualifying repair
For a buyback, California uses a specific formula to calculate the mileage deduction the manufacturer can claim. The law treats 120,000 miles as the “life” of the vehicle and looks at how many miles were on the car when you first brought it in for the defect that made it a lemon.
That first-repair mileage is plugged into the formula, so it is important to write it down and keep any repair orders that show the reading.
Step 6: Talk with a California Lemon Law attorney
Once you suspect your vehicle may be a lemon, speaking with an experienced attorney can make a huge difference. A lawyer like Jacob Kashani, California Lemon Law Attorney, can:
- Review your repair history and warranty coverage
- Confirm whether your car likely qualifies under
- California’s Lemon Law or breach of warranty rules
- Calculate a fair buyback amount using the correct mileage offset
- Deal directly with the manufacturer so you are not pressured into accepting a low offer
Manufacturers often push back on buyback claims or try to apply an inflated usage deduction. Having a lawyer on your side helps level the playing field.
Step 7: Choose your outcome and finalize the buyback
If your vehicle qualifies, California law typically gives you a few options:
- Lemon Law buyback: The manufacturer repurchases the vehicle and refunds the purchase price, registration, and certain other costs, minus a limited mileage offset for the use you received before the defect first appeared.
- Replacement vehicle: You receive a comparable replacement vehicle instead of a refund, if that makes more sense for you.
- Cash-and-keep settlement: In some cases, you may be offered money to compensate you for the problems while you keep the car.
Your attorney can help you compare these options, negotiate the numbers, and review the final paperwork to make sure the settlement is fair before you sign.
California’s Lemon Law Buyback Formula
Under California’s Lemon Law, the manufacturer is allowed to subtract a small “usage” fee when it buys back your vehicle. The law treats 120,000 miles as the expected life of a new vehicle for this calculation.
The mileage offset is based on how many miles were on the vehicle when you first brought it in for the problem that made it a lemon, not when the buyback happens. The formula in California Civil Code § 1793.2(d)(2)(C) works like this:
(Miles at first repair attempt ÷ 120,000) × purchase price = mileage offset
For example, if you paid $20,000 for your car and you had driven 12,000 miles before the first qualifying repair attempt, the manufacturer might claim a usage deduction of:
12,000 ÷ 120,000 = 0.10
0.10 × $20,000 = $2,000
In practice, manufacturers sometimes try to base the offset on the mileage at the time of buyback or add more miles than the law allows. Having a California Lemon Law attorney review the numbers can prevent you from losing thousands of dollars in your buyback.
Buyback vs. Replacement: Your Options Under California Lemon Law
There are two options once you file a claim alleging that the vehicle you drive has substantial defects that the manufacturer has been unable to repair. First, the manufacturer may offer to replace the vehicle with the same one as long as it does not have the same defect. However, this may not work for many people, and so the law requires the manufacturer to buy back the car, truck or SUV from you.
Buybacks vs. Replacements
For some people, there is little issue with getting a similar vehicle to the one that they had, depending on their needs and the overall vehicle market. Even then, new car owners should understand that the manufacturer must still cover costs involved with a purchase. These include title and registration costs, among others.
Many people instead wish to see a cash reimbursement for the cost of the vehicle that will cover loan payments, the down payment and any additional fees. However, if you have driven the car or SUV for even a short amount of time, the manufacturer will likely try to subtract a “mileage offset” from the offer it makes to you.
Incidental Damages
Car manufacturers will seek to reduce the costs involved in the California lemon law buyback process whenever possible. However, if you have been put out while attempting to drive a defective vehicle, you may have faced expenses for towing, obtaining a rental car, cab fare or rideshare costs and even hotel stays depending on where your car, truck or SUV broke down.
One reason to consider hiring a California lemon law attorney, similarly to the above mileage offset, is to obtain the maximum legal remedy for these incidental costs and avoid arbitration.
Contacting a Lemon Law Attorney in California
If you find yourself dealing with a defective vehicle in California, it may be time to consider the protection offered by a Lemon Law buyback. A skilled Lemon Law attorney, such as the Law Office of Jacob K. Kashani, can guide you through the intricate process, ensuring your rights are protected and advocating on your behalf. From evaluating your case to negotiating with the manufacturer, a knowledgeable attorney will strive to secure a fair buyback settlement or a vehicle replacement, providing you with the relief and compensation you deserve. Contact us today.