The California Lemon Law provides endless details when consumers are fighting for relief from manufacturers of defective vehicles, but many consumers may be left wondering what happens to their defective car once the manufacturer buys it back. Fortunately, this section of the law provides specific, detailed information, requirements and obligations for if and when a manufacturer decides to resell, lease or transfer a vehicle that has previously been classified as a lemon.
Under the California Lemon Law, before a manufacturer, or its agent, sells, leases or transfers a lemon buyback, the manufacturer must first comply with several legal obligations. After reacquiring the defective vehicle, a manufacturer must first retitle the vehicle into the manufacturer’s name. It is important that when the manufacturer is retitling the defective vehicle into their name, that they ask the Department of Motor Vehicles to also include on the title that the vehicle is a lemon law buyback. This manufacturer obligation is essential for providing future consumers with adequate notice of the vehicle’s condition and to advise consumers of the vehicle’s history as a lemon.
The lemon law also requires manufacturers to provide consumers with written notice that the vehicle being sold, leased or transferred was previously classified as a lemon law buyback. The written notice must specify the year, make, model and vehicle identification number of the defective vehicle and must also note whether the vehicle title includes the inscription that the vehicle has been classified as a lemon law buyback. The manufacturer must also provide consumers with written notice of the nature of any and all defects that were reported by the original buyer or lessee of the vehicle and must advise the consumer as to the repairs, if any, that were made in an attempt to fix the vehicle defects.
The manufacturer’s written notice must be printed on standard paper, 8 ½ x 11 inches in size, and be printed in a font no smaller than ten point, black ink. Any manufacturer reselling, leasing or transferring a defective vehicle must provide a signed copy of this notice to the consumer at the time of transfer and the consumer must also sign the notice acknowledging that they are aware of the vehicle’s history and classification as a lemon law buyback.
These obligations were created to provide consumers with protection from manufacturers and dealers of defective vehicles, but the obligations also apply to future sales or transfers of the vehicle. Should a consumer resell, lease or transfer a lemon law buyback to another consumer, they too must comply with the requirements under the this section of the law and include the proper inscription on the vehicle title as well as provide written notice to the future consumer as to the vehicle’s history as a lemon.
When purchasing or leasing a used car, consumers may not be aware of the specific legal obligations manufacturers are required to comply with and they may find themselves in a situation where they are unaware that they acquired a lemon law buyback. Should a consumer find himself or herself in this position, it is important that they consult with an experienced lemon law attorney to assure that their rights are acknowledged and they are afforded the proper relief.
Speak with a California Lemon Law Attorney now for a free consultation: (888) 587 – 9623