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11 April 2024, 05:32 AM | #1 |
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Lemon Law car buyback for the dealer?
Anybody experienced / exercised lemon law for car buy back from the dealer which they failed to resolved an issue from new car? How do you proceed? Do you need to get one of those lemon law lawyer insolved?
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11 April 2024, 05:41 AM | #2 |
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Lemon laws vary from state to state. Be careful of advice off of the Internet.
Lemon law buybacks are from the manufacturer, not the dealer. You do not need a lawyer. I've done it with BMW. I'm in NC. Here, if I sue the manufacturer under the law and I lose, I am responsible for their attorney fees. For that reason, I was able to negotiate a buyback (not lemon) if I bought another car, which worked out OK for me.
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11 April 2024, 11:55 AM | #3 |
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I did it in California with BMW. It was pleasantly straightforward. Documented the service issues, attempted remedies, and IIRC there was a percentage of “out of service” where I contacted their legal department and they handled it from there.
Met their representative at a notary, signed various paperwork, handed him the keys and took an Uber home. |
12 April 2024, 05:21 AM | #4 |
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Thanks. I am in California. Seems like in case it comes down to this, I will have to contact the manufacturer with evidence of unresolved issue.
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13 April 2024, 10:29 AM | #5 |
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Feel free to PM for contact info of the people I dealt with. Mind you this was 2018
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13 April 2024, 11:22 AM | #6 |
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Can try to help; what brand? You can PM me too if you’d prefer.
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13 April 2024, 12:06 PM | #7 |
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I've used this firm in the past and they did right by me. https://www.lemonlaw.com/
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16 April 2024, 04:07 PM | #8 |
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Yes, in California, with Porsche, without a lawyer.
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17 April 2024, 02:17 AM | #9 |
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I had a lemon with Mercedes. Brand new and in the shop immediately after purchase.
Did not have a lawyer. Went to Mercedes corporate directly and also dealt with the GM of the dealership. After about 6 weeks and no resolution, I struck a deal with them to trade me into another car on the lot. This was in the middle of COVID when supply was low, but they significantly discounted the new one. |
17 April 2024, 06:04 AM | #10 |
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thanks for the info everyone
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17 April 2024, 09:51 AM | #11 |
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Wow German cars not looking too good. BMW, Porsche, Mercedes...
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17 April 2024, 11:22 PM | #12 | |
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Quote:
More likely though is the people that buy them have high expectations (especially considering what they pay for them) and are more likely to pursue satisfaction than your typical Camry buyer.
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17 April 2024, 11:39 PM | #13 | |
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Quote:
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18 April 2024, 12:31 AM | #14 |
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10 years in automotive retail I can tell you negotiating a buy back is always more favorable than threatening the manufacturer with a lawsuit. If there are real problems with the vehicle between a good dealer contacting their factory reps and a halfway decent human being in the resolutions department I’ve personally never seen a buy back turned away and told to go file suit instead.
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18 April 2024, 03:35 PM | #15 | |
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Quote:
I expressed my displeasure with the transaction and the fact that this vehicle could not pass Maryland inspection with the salesperson that sold me this particular vehicle and his manager. When I didn't receive what I deemed to be a satisfactory response, I threatened legal action and they all shut down and passed me off to their legal department. Any hope of reasonable conversation, negotiation, or restitution ended right then and there. Certainly not the same situation of a lemon law or attempting resolution with a reasonable manufacturer (in this case it was a dealer which is different), but I'm simply relaying my experience with threatening legal action against any entity. I will never threaten legal action again unless I'm willing to throw down and go the distance. |
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19 April 2024, 04:56 AM | #16 |
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Currently dealing with this with an Infiniti….its not going well
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19 April 2024, 01:00 PM | #17 |
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Yes had to lemon law my wife’s Escalade. Had to hire an attorney as GM tried to drag out the process as long as possible. Even after agreeing to buy it back it still took 8 months or so before I got a check. Whole process from filing was probably about 18-20 months after fighting transmission and valvetrain (including replacement) for 3 years. Car also had major paint issues as much of the clear coat peeled off and GM wouldn’t cover that at all. In the end got all repair costs and attorneys fees covered and full value I originally paid minus minor $ for mileage deduction. Worked out in the end but still a headache.
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19 April 2024, 01:24 PM | #18 |
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Toyota had to buy back my 1992 Camry V6 LE. Took about 18 months, but I did it all on my own without legal representation. The issue with the vehicle? The air conditioner wouldn't hold Freon. Gave them (as required by California law at the time) four chances to fix it and they failed each time. Turned out it was an issue with a faulty 0-ring, for which Toyota had issued a service bulletin, but the dealership didn't pay attention to it when working on my car.
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19 April 2024, 01:59 PM | #19 |
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I started to go this route with Toyota but they made it very clear that they weren't going to make it easy. I don't recall the exact time frames allowed for each step, but as it was explained to me, the whole process could take up to 6 months; even if approved, they would not refund the amount paid. They had a standard deduction taken for time owned and miles driven. I would have essentially lost money even if I "won" my case and that is not even considering if I needed to hire a lawyer. I ended up trading it to Ford for exactly what I paid.
I've heard others have complete opposite experience, luck of the draw I suppose. |
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