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how long does a lemon law buyback take beverly hills

How Long Does a California Lemon Law Buyback Take?

If you are driving a defective car that can’t be fixed under its warranty, you may be entitled to a Lemon law buyback. This process involves the manufacturer buying back the vehicle so you can be free of the defects. However, it’s important to know the expected timeframe before you start the process. In California, the Lemon law buyback process typically takes several weeks to a few months, depending on the complexity of the case.

The Lemon Pros can offer an estimated timeline for your situation, and help you get your lemon vehicle bought back in California. With a practice area focused solely on Lemon Law, our attorneys have the experience needed to get you compensation in record time. Schedule your free consultation today. There's no reason to be stuck with a defective car when you have the chance at a Lemon law buyback.

In this guide, we cover the estimated time for a buyback under California Lemon Law. We also take a closer look at what exactly a Lemon law buyback is, how a Lemon law attorney can help you, and how to speed up the process of getting a replacement vehicle.

How Long Does a Lemon Law Buyback Take?

How Long Does a Lemon Law Buyback Take?

As each case is unique, the duration of the Lemon law buyback process greatly varies, and can last anywhere from several weeks to several months. Let’s break down all the average Lemon law buyback timeframes, from the start of filing a case until you get compensation.

Reasonable Number of Repair Attempts (1-2 months)

How long does the Lemon law take? First, you have to start with how the vehicle qualifies.

For your vehicle to even qualify for a Lemon law buyback, you must have attempted repairs of its defects a reasonable number of times. The reasonable amount is either two or four, depending on the defect. Also, the vehicle repairs must be performed at an authorized repair shop, typically the dealership.

These repair attempts must occur before you start the Lemon law buyback claim. If a California Lemon law attorney determines that your vehicle isn’t yet eligible for compensation, it may need to endure a few more repair attempts, which can take some time.

Manufacturer Notification (1-3 weeks)

Under California’s Lemon Law (Song-Beverly Consumer Warranty Act), you are required to notify the manufacturer of the defective car. If you use an experienced Lemon law attorney, the firm already has a form letter that's used, making it even easier to complete this step.

File a Lemon Law Case (1-2 weeks)

How long do Lemon law cases take? Once you have all the paperwork and evidence you need, the claim is all that's left to handle. This process should only add a week or two maximum to the overall timeframe.

Negotiation/Settlement (1-3 months)

Based on the regulations of lemon laws, you may be required to arbitrate and negotiate with the manufacturer. Depending on how willing they are to settle, this process can take up to a few months, especially if you want to hold out for a better offer.

Receive the Buyback Payment (2-4 weeks)

Once everything is completed, you are just waiting to get the payout on your lemon vehicle. A settlement should arrive no later than one month after everything is finalized.

These times are simply estimates, and there are many cases in which the process moves faster or slower than expected. When you file for Lemon law relief with a qualified attorney, you will be given a better estimate based on your case.

How Long Does a Lemon Law Buyback Take in California?

In California, a Lemon Law buyback usually takes a few weeks to several months to finish. A skilled Lemon Law lawyer can expedite the procedure and help you win. .

Factors That Affect the Timeline

Factors That Affect the Timeline

All defective vehicles face a differing timeline based on changing factors. Your Lemon law buyback settlement timeline may vary depending on these aspects.

  • Type of vehicle defect: Lemon laws cover all vehicles under warranty with substantial defects, but some are treated with more concern than others. If there’s a serious safety issue that has undergone two unsuccessful repair attempts, you can file a claim sooner than for a defect that affects the value, which needs four attempts. Additionally, if the dealership has had your car for a month, you may be able to bypass the typical repair attempts.
  • State-specific laws: Each state has its own processes, each of which creates a unique timeframe. For example, Texas has a lengthy process because of mandatory arbitration, so the resolution is often delayed. The same is true in New Jersey, Florida and New York. Thankfully, California has robust consumer protections, resulting in a faster resolution for the Lemon law buyback.
  • Documentation/paperwork: If you don’t have the necessary paperwork and documentation gathered and organized, such as the repair order, purchase or lease agreement, and warranty, among others, it can delay your California Lemon law settlement.
  • Manufacturer response times: Some manufacturers respond faster than others. For example, the GM buyback program may be faster than one from a luxury brand, such as BMW. When Lemon law cases are handled by a reputable attorney, the manufacturer tends to respond faster and with a better settlement.
  • Settlement offers/negotiations: While you don’t always want to take the first offer given to you during the Lemon law buyback process, continuing to drag out the negotiation can lead to additional time. The Lemon Pros have experience getting what clients want and can reduce the negotiation time. Contact us today for a free consultation on your California Lemon law case.

What Is a Lemon Law Buyback?

A Lemon law buyback is the process of the auto manufacturer buying the defective vehicle back from drivers. Instead of getting a replacement vehicle or a cash-and-keep settlement, the manufacturer gives you the money for the vehicle, so you can purchase or lease something else.

How does a Lemon law buyback work? While the full purchase price won’t likely be returned, mileage offset calculations ensure consumers are reimbursed for the time spent dealing with the defects. You can use our handy Lemon law buyback calculator to estimate the amount you might get back.

California Lemon laws protect consumers by ensuring they aren’t stuck with a lemon car that can’t be repaired. Furthermore, California has some of the best regulations regarding lemon vehicles, making it easier for drivers to get out from behind the wheel of a defective car.

How Does a Car Qualify for a Lemon Law Buyback?

Under state law, new and used vehicles both qualify as long as they have a qualifying vehicle warranty period. It doesn’t matter if the vehicle is financed or leased, and there’s coverage for various types, including pickup trucks, motorcycles, SUVs, and recreational vehicles. For the car to qualify, there must be significant defects to the car that inhibit its safety, value or use.

The vehicle manufacturers have a total of four attempts to repair the issue through the warranty, not to exceed thirty days, which is how long a dealership can hold your car for repair in total. However, if the defect poses a major threat to safety, two unsuccessful repair attempts can be enough to file a claim.

While the Lemon law buyback will cover the expenses paid while the car was defective, it won’t provide complete reimbursement for every cost you’ve incurred. For example, you won’t get compensation for the time you used the vehicle before the defects occurred. However, you may be entitled to the down payment, completed monthly payments, registration fees, attorney fees for legal representation, and other incidental costs.

Common Delays in the Lemon Law Buyback Process

Common Delays in the Lemon Law Buyback Process

How long does a Lemon law case take and what are some common delays that hold up the claim? Car buyers must know the aspects that slow down the Lemon law buyback process, as some may add a few days to the process, while others can cost you months.

Incorrect/incomplete documentation: If you don’t have the paperwork and documentation in order, you could be waiting for a settlement as the details get ironed out. A California Lemon law attorney can help you get your documents in order.

Manufacturer's stalling tactics: There’s a chance the manufacturers refuse the claim or slow the process down. After all, they don’t want to give up any money willingly. The best way to counteract this is to ensure the vehicle qualifies for the buyback amount and use a lawyer who understands the state laws, as well as the manufacturer's obligations.

Buyback amount disputes: It could take some time before you and the manufacturer agree on the value of your new vehicle. Relevant documentation can help you prove your case and make it harder for the manufacturer to fight you.

Third-party involvement: When arbitration or mediation is needed, the process can easily become longer. However, this avenue does prevent a lengthy court case if the two parties can agree on a settlement and the manufacturer buys your vehicle back.

How to Speed Up the California Lemon Law Buyback Process?

After looking at the answer to how long the Lemon law process takes, you want to figure out how to speed up the whole process. While following our step-by-step guide on how to start a Lemon law claim can help, these tips are also beneficial.

For starters, you want a Lemon law attorney who can fight your battle for you. Instead of stressing over every detail of the case, you can turn your paperwork over to the Lemon law professionals and let us handle the burden for you. As experts in lemon laws, we know how to expedite the case. Through our legal representation, we ensure that negotiations are always in favor of our clients and we can get you the compensation you deserve. Get a free case evaluation to see what you might be owed.

Additionally, you want to organize all of your documentation, including the purchase agreement, manufacturer’s warranty paperwork and any other incidental expenses that you want covered. The more paperwork you have to prove the case, the faster it should go.

Keep track of the case and follow up on a regular basis. If you are being asked a question regarding the case or if more documentation is required, resolve it speedily and don’t make the other parties wait. By showing that the case matters to you, it will move faster.

Understand your consumer rights. The manufacturer won’t offer up a vehicle replacement or buyback out of the generosity of their hearts. It’s vital to ensure that your car fits the criteria of the vehicles covered and that you are owed compensation because of the manufacturer's obligations.

We also recommend telling the manufacturer you plan to file a complaint with the California Department of Consumer Affairs and the Better Business Bureau (BBB). Other consumers have the right to know which manufacturers and dealerships to trust, so your report can help others be more informed.

What Happens After the Buyback?

After the dispute resolution, you should receive your refund within a month. This time varies depending on the manufacturer and the authorized dealers involved. In all Lemon law buyback cases, the vehicle must be returned to the manufacturer.

If you would prefer a replacement instead, the manufacturer may be willing to trade vehicles. This option can often take less time than when the manufacturer repurchases the vehicle.

Once you receive your money, you can start looking for a new vehicle to purchase or lease. You are not obligated to buy from the same manufacturer. To avoid finding another car with mechanical problems, you should do some research and see what other drivers have to say about a particular make and model. Once you pick a new car, you want to get it registered and add it to your insurance policy.

Can I Continue Driving My Vehicle During the Buyback Process?

Can I Continue Driving My Vehicle During the Buyback Process?

You can continue driving the car while you wait for the Lemon law buyback, but you want to be careful not to damage the vehicle. It’s also important to document any mileage incurred before the settlement occurs. While you wait for legal action to be completed, the car will need to be registered and insured to you at all times.

Need a California Lemon Law Attorney to Win a Claim?

If you are tired of dealing with vehicle repairs that don’t fix the defects, it may be time to start a Lemon law claim. You may be entitled to a Lemon law buyback if there are substantial defects that the manufacturer can’t work out. On average, the buyback request process takes a couple of months to complete, after which you can be free of the defective vehicle once and for all.

The most important thing you can do to get the compensation you deserve is to hire a qualified California Lemon law attorney so you don’t miss any of the important deadlines or qualifications.

The Lemon Pros are your best option as the premier Lemon law firm in California. With thousands of happy clients using our services, you know we understand how to fight your case. Contact us and let us see what you may be owed.

Michael Saeedian
Founding Attorney
Michael Saeedian
Lemon Law Attorney
6 months ago · 12 min read
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Here in California, strong consumer protection laws protect buyers of vehicles and other consumer goods. These laws are important – especially when buying or leasing a new vehicle, which is the largest purchase many Californians make regularly. The California Lemon Law gives you legal rights when you are stuck with a vehicle that breaks down again and again.

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