UNDERSTANDING LEMON LAW BUYBACKS
April 19, 2022
The last thing you want when you purchase a vehicle is to end up driving a lemon. Unfortunately, many motor vehicles sold in the United States are lemons. However, Ohio, Michigan, and other states enacted lemon laws to protect consumers who buy vehicles with defects. In particular, it is critical to understand lemon law buyback provisions, which can ease the financial burden for consumers who purchase defective vehicles.
If you have purchased a defective vehicle, you need to learn more about your rights under a lemon law buyback provision in your state. As an experienced lemon law attorney that serves clients in Ohio and Michigan, Ronald S. Weiss, Attorney, can help you navigate the lemon law buyback process and protect your rights if you purchased a lemon.
Lemon Law Buybacks in
Michigan & Ohio
A lemon law buyback is a motor vehicle reacquired by the vehicle manufacturer or dealership because the vehicle is a lemon. However, laws in most states generally restrict the options for repurchasing or reacquiring lemons. Many vehicles considered “lemons” are put up for sale again. However, just because a lemon law buyback is sold again is no guarantee that the manufacturer has repaired the original defect. Generally, vehicle manufacturers have no obligation to fix a defect before reselling a lemon; though, they do have a responsibility to disclose the fact that the vehicle is a lemon law buyback.
What Does a Repurchase Include?
When a vehicle is considered a lemon, the dealership can buy back the vehicle. However, once a lemon is repurchased, the vehicle is generally given a branded title, which means that the vehicle will always be marked as a lemon that has been repurchased by the dealership.
When a lemon is repurchased, the dealer must generally give the consumer a refund for the amount the consumer spent to buy the vehicle, including the full down payment and monthly payments made by the consumer. However, the dealer will usually subtract the
“usage fee,” which depends on how long the consumer used the vehicle before it was returned to the dealership. Depending on state law, the dealer may also be required to reimburse the consumer for any incidental costs the consumer has incurred due to the defects, including:
Rental car expenses
Damage to personal property
Attorney fees if the consumer hired an attorney
It is crucial to speak with a lemon law attorney to understand what costs are included in a refund when a vehicle is repurchased by the dealership.
The Lemon Law Buyback Process
If you used a lemon car, you need to understand the lemon law buyback process in your state. It is not uncommon for vehicle manufacturers and dealerships to fight against consumers in lemon law disputes. An attorney will represent your best interests and ensure that you receive the full refund to which you are entitled under the lemon law in your state.
An attorney’s job is to help you make the lemon law buyback process as painful and straightforward as possible. To assist you with this, your attorney will gather the necessary documentation and handle all communications with the dealership on your behalf.
How Long Does a Buyback Take?
The amount of time it takes to receive the buyback amount to which you are entitled depends on many facts of your unique case. Each case is different, which is why the duration of your lemon law buyback case is not easy to predict without analyzing the unique facts in your case. An attorney will provide you with the guidance you need to help you get a full and prompt refund.
Skilled Lemon Law Advocacy
If you do not know whether or not you are entitled to a refund for a lemon law buyback or need legal assistance during the lemon law buyback process, contact Ronald S. Weiss, Attorney. Our lemon law attorney represents consumers who purchased lemons throughout Ohio and Michigan, helping them fight for the recovery they deserve. You can receive a case evaluation with our attorney by reaching out to our office.