The Lemon Law Demands Manufacturer Responsibility When Reselling Defective Vehicles In San Diego
A manufacturer who resells a vehicle it has previously bought back from a consumer must:
- Disclose the vehicle’s history, including all repairs and their outcomes; and
- Only sell the vehicle (or lease for 24 months) through an authorized dealer.
Before reselling a reacquired lemon, the manufacturer must take certain actions to protect consumers from being unknowingly sold or leased another seriously defective car. The law requires that manufacturers disclose to potential buyers or lessees whether the car was ever returned as a “Lemon Law Buyback” under California Vehicle Code 9904. If it was, then dealers cannot sell or lease these cars without proper disclosure of the defect(s) and a buyer’s “Lemon Law Buyback Rights,” which include a 24-month warranty.
If a potential buyer has previously received a refund from the manufacturer or dealer, then that person must have been given complete disclosure of the vehicle defect(s) and Lemon Law Buyback Rights. The manufacturer must also provide this information to any subsequent buyers or lessees upon request.
In any event, if the vehicle was bought back under the Lemon Law, the dealer cannot sell it until it provides notice of its history to both Consumer Affairs and the prospective buyer or lessee. This includes providing a copy of all repair orders related to a specific lemon law buyback case along with other documents in Vehicle Code 9904.
Lemon Law Buyback Rights
If you are thinking about buying or leasing another vehicle that is still covered under the warranty of a car that was once bought back by the manufacturer, then you can either get your “buyback rights” in writing from the dealer when they sell this car to you, or you can ask for them by calling 1-800-952-5210.
If the dealer gives you your Lemon Law buyback rights, then those give you certain additional consumer protections if your new car has an unfixable defect within two years from purchase. In addition to all other rights and remedies provided under law to “unfixable” defects after the manufacturer has tried twice to repair it during this lemon law buyback period, you are also entitled to a refund or replacement.
Automobile Defect History Disclosure Requirements
Manufacturers must disclose their past practices regarding repairs of serious safety defects when selling or leasing used vehicles that were once bought back as “lemon law” trade-ins. Any consumer who requests this disclosure is entitled to receive certain information about the vehicle’s defect history and what the manufacturer did to try and fix it.
Call the experts from Scott Law Group P.C. at (619) 345-5599 to avail of our services in San Diego, CA.
Contact our Lemon Law experts today to get more information about Lemon Law in California. Call Scott Law Group P.C. at (619) 345-5599 in San Diego, CA.
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