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Buybacks vs. Vehicle Replacements: Which is Better for Your Needs?

car buyer looking under hood of vehicle in showroom
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What makes a vehicle a “lemon” includes the following:

  • The vehicle must have a significant defect that impairs its use, safety, or value. (e.g. issues with the engine, transmission, brakes, electronics, etc.)
  • The vehicle went to an authorized dealership for repairs over two separate occasions.
  • OR, the vehicle spent over 30 days at the authorized dealership for repairs.

If you believe you have a lemon, a great place to start is by notifying the manufacturer in writing about your vehicle’s numerous defects or problems. It is still best to call a lemon law attorney if the manufacturer offers you a buyback or vehicle replacement. We explained below which choice may best suit your needs:

Lemon Buyback:

  • Price at Time of Sale: this is the amount you originally purchased the vehicle for, including any taxes and fees. This will also include your monthly payments and down payment.
  • Registration fees, sales tax, rentals.
  • Mileage Offset: the manufacturer will subtract the vehicle’s mileage used before the first repair attempt.

Vehicle Replacement:

You may love the vehicle make and model you are driving and just want to replace your lemon with a functioning vehicle. You may still have the option to request a vehicle replacement which entails the following:

  • The replacement vehicle is typically of a similar make and model.
  • The vehicle usually comes with a new warranty or includes the same service contract, if applicable.

If you purchased a “lemon” or defective vehicle that has been into the dealership multiple times for warrantable repairs, you have laws that protect you. Contact O’Connor Law Group, P.C. for a free consultation at (949) 494-9090.

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