What happens after I win my Lemon Law Case?
So you’ve won your Lemon Law case. Congratulations! But what can you expect to happen next? Under California Lemon Law the purchaser of a Lemon has two remedies.
- Vehicle Buy-Back
- Vehicle Replacement
In either case, the purchaser of the defective car is also entitled to various damages relating to the vehicle. You get to choose whether you want Buy-Back or Replacement!
Sounds simple enough, but in practice this process can be a bit more complicated. The Lemon Law Attorneys at Alpha Law are well-versed in these laws and can help advise you about the process.
If you win a Lemon Law case and choose vehicle Buy-Back, here is what you can expect. According to the law, if the buyer chooses vehicle Buy-Back, the manufacturer must fully reimburse the buyer, minus a calculated dollar amount for the use of the car before it started having problems.
So for vehicle Buy-Backs, the manufacturer has to cover the purchase price for you. Typically this means the down payment and any monthly payments are refunded. The manufacturer would also need to pay you for:
- Sales or use tax
- License fees registration fees
- Other official fees
- Incidental damages (repair, towing, rental, transportation costs)
However, by California law, the total amount the manufacturer must reimburse you is reduced by a dollar amount for your use and benefit of the car prior to the car first displaying mechanical issues. This is called the “mileage offset.” The formula used to reduce your monetary award is:
(Purchase price paid or payable) X (miles driven before problems / 120,000)
If this looks complicated to you, don’t worry. Alpha Law Lemon Law Attorneys can help you through every part of your Lemon Law case.
Vehicle Replacement is not selected as frequently as vehicle Buy-Back. Part of this is because under the Lemon Law statute, the buyer has to pay the manufacturer for their use of the old vehicle prior to the issues occurring. The replacement vehicle is required to come with all the same warranties as a normal new car.
Additionally, the replacement vehicle should be substantially identical to the old car. Along with the replacement car, the manufacturer is responsible for:
- sales or use tax,
- license fees,
- registration fees, and
- other official fees
- incidental damages (repair, towing, transportation, rental costs)
Regardless of whether Replacement or Buy-Back is selected, the court can impose a civil penalty of up to two times the actual damages of we can prove the violations of Lemon Law were “willful.”
How long until I get my money?
According to California law, once a car is determined to be a Lemon, the remedy must be provided promptly to the buyer. That is, the manufacturer needs to pay the buyer for the car, or replace the vehicle, and pay other damages, quickly.
But what is considered prompt? A failure to pay promptly can result in additional remedies. Every case is different, make sure to consult with our experienced Lemon Law Lawyers at Alpha Law to ensure you receive your damages promptly.
Contact us today!
Have more questions about your Lemon Law case, and what happens after you win? Contact our highly qualified Lemon Law Attorneys today by filling out our intake form, or calling (323)51-LEMON (53666) for a free consultation about your Lemon Law case.