If you have a new car that is not performing as it should, the lemon law attorney in San Diego can help. The laws and regulations vary by state but there are some basic guidelines to understand. For example, if your vehicle has problems within the first 18 months of purchase and still continues to have issues after repairs attempted at least twice, you may qualify for buyback under California’s Lemon Law. Your lemon law attorney San Diego can help.
If any manufacturer has offered to repurchase or replace your vehicle, there are a few lemon law-related issues you will need to keep in mind.
Signing a Release or Settlement
Lemon law can be a lifesaver for many consumers who have found themselves with an unreliable vehicle. The manufacturer is legally obligated to purchase or replace the qualifying car, which means you won’t need to worry about whether it will even start tomorrow. However, keep in mind that this does not include settlement agreements and releases; these often contain extraneous provisions like confidentiality clauses and waivers of claims that may never come up but are included nonetheless just so they’re on file.
If the manufacturer asks for your signature before giving you money to buy back or replace the vehicle, then that could be illegal.
The Mileage Offset
Lemon law provides that for a breach of an express warranty claim, the manufacturer may reduce your reimbursement by up to 15% if you drove more than 500 miles before noticing problems with the vehicle.
When manufacturers offer to repurchase or replace a vehicle, they often set unreasonable mileage offset calculations. They dictate the new odometer miles of the car and refuse to show how this calculation was made. One case where many problems occur is when an OEM applies their own over mileage lease formula instead of following what’s written in law for these types of offers.
Creative Deductions
In a world of cars that are constantly changing, it is important to have an experienced lemon law attorney by your side. Whether the manufacturer decides to deduct from your reimbursement in one way or another, with no two situations alike and creative methods being invented all the time, you need someone who knows how these cases work inside out, so they can stand up against any deductions made on behalf of manufacturers when handling buybacks under California’s Lemon Law Section 1793.2.
Manufacturer Acting Like They Are Doing You a Favor By Buying Back Their Lemon Vehicle
This is an unfortunate routine since it often leaves consumers without legal recourse. Manufacturers are not giving out these buybacks because they want to be nice, but instead, this action requires them by law.
If you find yourself in a situation where the manufacturer’s customer service department is not treating you with respect, it is very important to remember that they have more insight into what qualifies as unreasonable. They are trained and experienced on how cars should be handled during lemon law situations so do not let them push or intimidate you if things seem off-balance.
Final Words
McMillan Law Group’s Lemon Law Attorney San Diego CA is here to answer your questions and help you get the best possible deal on a vehicle buyback if it turns out that your new car doesn’t work as advertised. We’ve helped numerous drivers across California with their issues, so contact us today for a free consultation.