Do I Need to Request a Repurchase?
One question many consumers have is whether they need to request that the manufacturer repurchase their vehicle in order to qualify for the California lemon law.
There is no requirement that a consumer request a repurchase in order to trigger a vehicle manufacturer’s duty to repurchase or replace the vehicle.
However, requesting a repurchase is beneficial for a number of reasons.
Evidence that a consumer did request a repurchase or replacement can be used to demonstrate that the manufacturer willfully violated the law, and therefore entitle the consumer to a civil penalty.
Also, the manufacturer has the duty to make an offer to repurchase the vehicle upon the occurrence of an event that triggers that duty. One such way to trigger that duty is by making a request for repurchase.
While there is no obligation to request a repurchase, it is a good idea to do so, and can strengthen your case.