Buyback and repair under Lemon Law

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BUYBACK AND REPAIR UNDER LEMON LAW
finition
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• Know the Lemon Law of Your State
• Conditions for Lemon Law
• Vehicles not covered by Lemon Law
• Automobile Replacements
• What Is Required of the Manufacturer?
• Vehicle Buybacks
• Recovery of Incidental Damages
• Refund
• Our contacts

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Know the Lemon Law of Your State
The views of a lemon are different in every
state. You should find out what your state says
about your car and if it constitutes under the
lemon law. There are state laws and federal laws
that protect the consumer from automobile fraud
and from being sold a lemon.
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Written notice must be given to the manufacturer,
who gets one last chance to remedy the complaint.
A reasonable number of attempts must be made to
fix the problem.
While the vehicle is under warranty, the problem
must be reported to the dealer or manufacturer.
The problem must substantially impair the usage
or value of the vehicle, or produce a serious
safety hazard.
The vehicle must have a serious defect or
abnormal condition.
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auto-homes vehicles built primarily for
off-road use vehicles used primarily for
business purposes vehicles with defects caused
by owner negligence, accidents, vandalism, or
unauthorized repair of the vehicle by a person
other than the manufacturer or authorized agent
vehicles leased before July 1, 1997.
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Under Californias lemon law, when a
manufacturer provides you with a replacement
vehicle, it must also pay all of the collateral
charges typically accompanying the sale. This
includes any sales tax, license fees,
registration, and other official fees. The
manufacturer cannot force you to pay any of these
amounts. A manufacturer must also pay any
incidental damages caused by your vehicles
defects and repairs. Incidental damages are
discussed in greater detail below.
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One of the first and most important things to
know about the lemon laws replacement remedy is
that it is entirely optional for both the
consumer and the automobile manufacturer. A lemon
law replacement happens only when both parties
agree on a replacement, as opposed to a buyback.
You cannot force a manufacturer to offer a
replacement if it doesnt want to, and a
manufacturer cant force you to accept a
replacement. Either party can insist on a lemon
law buyback if they choose to do so. If the
parties agree on a replacement, then the
manufacturer must replace your defective
automobile with a new, substantially identical
car, truck, or SUV. Further, the replacement must
be delivered to you with all of the warranties
that typically accompany that type of new
automobile. In other words, your warranty period
restarts.
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• The manufacturer upon reacquiring a vehicle
  because of specified warranty defect(s) must
• Request the Certificate of Title and Registration
  Certificate be marked "Lemon Law Buyback."
• Title the vehicle in the manufacturer's name.
• The manufacturer will attach a decal to the
  vehicle. The decal will read "Lemon Law Buyback"
  and will be affixed to one of the following
• Left door frame
• Frame of the major entry into the vehicle
• Left side of a vehicle without doors, such as a
  motorcycle.

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The manufacturer is not required to refund you
for any non-manufacturer items that were
installed by you, the dealership, or anyone else.
It is however obligated to reimburse you for a
different official fees that you paid when you
purchased the vehicle. From this amount, the
manufacturer is entitled to deduct a mileage
offset. The mileage offset is calculated by
determining which of the vehicles repair
attempts is the first repair for the problem that
caused your car to become a lemon. The mileage on
the car at the first repair attempt is then
divided by 120,000 and then multiplied by the
automobiles purchase price.

The buyback amount is includes the entire amount
paid or payable for the vehicle. In other
words, it must give you enough money to
compensate you for your down payment and all of
your monthly payments towards the vehicle and
also to pay off the vehicles loan. It is not
however required to pay any late charges or other
penalties that a consumer might have incurred
under loan agreement. The amount the manufacturer
pays must include compensation for any
transportation charges that you paid when you
purchased the automobile, along with any charges
for manufacturer-installed options and
manufacturer items installed by the dealership.
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Regardless of whether a manufacturer replaces or
buys back your lemon automobile, it must also pay
you for any incidental damages that you suffered
as a result of your automobiles defects and
repairs. Basically, the manufacturer is
obligated to pay you for any damages or harm that
were clearly and directly caused by the vehicles
defects. You can recover compensation for any
repair expenses, towing charges, rental or other
replacement vehicle charges, cab fare, etc. that
you actually paid. If you are on hourly wage
employee, then you can probably also recover any
wages that you may have lost from having the take
your car to and from the repair facility, and you
can probably also recover damages for pain and
suffering and personal injury if your vehicles
defect resulted in you being physically harmed.
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New VehiclesIf you choose to get a refund, you
will receive the full contract price of the
vehicle including all credits and allowances for
any trade-in vehicle, but a reasonable allowance
for use will be deducted. The use allowance
depends upon the vehicle's purchase price and
mileage. For vehicles other than motorcycles,
use this formula contract price / 100,000 x
mileage (contract price divided by 100,000
multiplied by mileage)  For motorcycles the
formula is contract price / 25,000 x mileage
(contract price divided by 25,000 multiplied by
mileage)
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Leased VehiclesIf you choose to get a refund,
you will receive the total lease payments you
made under the agreement. A reasonable allowance
for use will be deducted based on the following
formula total payments made / 100,000 x mileage
(total payments made divided by 100,000
multiplied by mileage)
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THANK YOU!