Vehicle ownership in the US has witnessed a consistent increase over the years. In a country as prosperous as the US, it is imperative for citizens to buy their dream cars. Business owners invest in commercial vehicles to expand their fleets and reduce dependence on rental services. Statistics show that Americans bought 2.86 million cars in 2022. The number of buyers will likely increase in the future.

Of course, you want to be a part of the statistics, but you should understand the risks of automotive purchases. Like every product, cars may occasionally have inherent defects. Fortunately, Americans are protected by Lemon Law buybacks as a legal recourse to claim their loss if they end up with a ‘lemon’. In legal terms, a lemon is a vehicle with severe defects persisting even after a reasonable number of attempts to fix it.

Even top-selling brands like Fiat, Cadillac, and Porsche have a notorious reputation for producing lemons. Buying a top brand doesn’t reduce the risk, so awareness is a savior for savvy customers. You should take the legal route to get a fair resolution in such a situation. But people often make some mistakes because they do not know the laws well enough.

Here is a list of lemon buyback blunders that can affect your claim.

Blunder #1: Not Understanding State-Specific Laws

The federal and state governments enacted laws to dissuade manufacturers from manufacturing and selling defective and potentially dangerous products. The Magnuson-Moss Warranty Act of 1975 is the cornerstone federal lemon law. Besides federal law, state-specific laws may vary, and buyers should be aware of them.

For example, the California Lemon Law is applicable to all new vehicles sold in the state and requires manufacturers to address most defects surfacing within 18 months or 18,000 miles. For North Carolina vehicle owners, the numbers are 24 months or 24,000 miles. To qualify as a lemon, your car should have a substantial defect that the manufacturer couldn’t repair after a reasonable number of attempts.

Starting a claim without knowing the law of your state is a mistake because you may go wrong with the process and timelines.

Blunder #2: Not Hiring a Specialist Lawyer

Thinking that you can handle a Lemon Law Buyback on your own is another blunder you should steer clear of. The law requires the manufacturer to pay all attorney fees, so you will not have to bear the burden eventually. Moreover, a seasoned expert can help you handle the claim and ensure optimal compensation from the manufacturer.

A lemon law attorney can be a savior if the manufacturer fails to compensate you for the defective car. In that case, you can file a lawsuit to obtain the compensation you deserve. Filing a lawsuit without legal experts does not make sense, even more, so because you don’t need to pay them out of your pocket.

Blunder #3: Missing Out on Documentation

Alleging that your car is a lemon is hardly enough to claim legal compensation. You should have relevant documentation to validate your claim and support your lawsuit. Copy and save every document, from sales receipts to warranty information, repair invoices, repair orders, and letters from the manufacturer or dealership.

Conn Law PC recommends maintaining detailed notes regarding your communications with the manufacturer, dealership, and service department. Note key details such as the date, time, the representative’s name, and the context of each conversation with the other parties. These pieces of evidence can make or break your claim.

Blunder #4: Continuing Repairs After Two Failed Attempts

You may want to set things right with your dream car, but trying too hard can harm your lemon buyback claim. California lemon law gives the manufacturer at least two attempts to address the same warranty-covered defect in a vehicle. If they fail to resolve the issue, you shouldn’t let them try again. Get started with the buyback or replacement process right away.

Besides following the reasonable number of attempts clause, stopping after two attempts makes sense from a safety perspective. Driving a defective vehicle can be risky because it can break down anywhere or even cause a life-threatening accident.

Blunder #5: Failing to Explain the Problem Clearly

Another blunder that can affect the outcome of your lemon buyback lawsuit is failing to explain the problem clearly. Your complaints should be specified in detail in the service record. Not having proper information in the records means your claim may not materialize.

Ensure that the service department writes about a specific condition or a  sound that occurs repeatedly despite repairs. However, avoid giving too many details because you may confuse the problem if you are a novice. All you have to do is give a description of the symptoms and let the service department give input on diagnosis and repair.

The Bottom Line

Lemon law is a savior for vehicle owners spending their hard-earned money on expensive vehicles and ending up with a defective one. You can seek justice and claim compensation with a buyback. However, the outcome of your claim depends on having an expert at your side to guide you about the law and claim process. After all, you are pitted against a big-ticket auto manufacturer or dealer instead of someone like you.

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