California Lemon Law Buyback Calculator

California Lemon Law Buyback Calculator

Based on your inputs:

Vehicle Purchase Price:

Sales Tax Paid:

Registration & License Fees:

Incidental & Consequential Damages:

Mileage at First Repair Attempt:

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Gross Refund (before mileage offset):

Mileage Offset Amount:

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Estimated Lemon Law Buyback Amount: ' + formatter.format(estimatedBuyback) + '

This is an estimate of the manufacturer\'s liability. Your actual settlement may vary based on specific case details, legal fees, and negotiations.

Understanding the California Lemon Law and Your Buyback Rights

The California Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, provides significant protection for consumers who purchase or lease new or used vehicles that turn out to be defective. If your vehicle has a substantial defect that the manufacturer cannot repair after a reasonable number of attempts, you may be entitled to a buyback, a replacement vehicle, or a cash settlement.

What Qualifies as a "Lemon" in California?

A vehicle generally qualifies as a "lemon" if it meets one of the following criteria within a certain period (usually the first 18 months or 18,000 miles, though it can extend beyond this):

• The manufacturer or its authorized dealers have made two or more attempts to repair a serious safety defect (e.g., brakes, steering).
• The manufacturer or its authorized dealers have made four or more attempts to repair the same non-safety defect.
• The vehicle has been out of service for repairs for a cumulative total of more than 30 days for any combination of defects.

The defect must substantially impair the use, value, or safety of the vehicle. Minor issues that don't significantly affect the vehicle's functionality or value typically do not qualify.

How is a Lemon Law Buyback Calculated?

If your vehicle is deemed a lemon, the manufacturer is generally obligated to buy back the vehicle. The buyback amount is calculated to put you in the financial position you would have been in had you not purchased the defective vehicle. The calculation typically includes:

1. Purchase Price or Capitalized Cost: The full amount you paid for the vehicle, or the capitalized cost if it was a lease.
2. Sales Tax: Any sales tax paid on the purchase.
3. Registration and License Fees: Fees paid to register and license the vehicle.
4. Incidental and Consequential Damages: These are out-of-pocket expenses you incurred due to the defect. Examples include:
   • Towing charges
   • Rental car costs
   • Repair costs you paid directly (if any)
   • Lost wages due to repair visits
   • Accommodation expenses if stranded
5. LESS a Mileage Offset: This is a deduction for the use you had of the vehicle before the defect was reported. The California formula for this offset is:
   (Purchase Price / 120,000) * Mileage at First Repair Attempt
   The "Mileage at First Repair Attempt" refers to the mileage on the odometer when you first brought the vehicle in for repair of the specific defect that ultimately led to the lemon law claim.

The calculator above helps you estimate this buyback amount by taking into account these key factors.

What About Loan Payments and Down Payments?

If you financed your vehicle, the manufacturer will typically pay off your outstanding loan balance directly to the lender. Any down payment you made, along with any monthly payments you've made towards the principal and interest, are generally reimbursed to you as part of the overall buyback amount, after the mileage offset is applied and the loan is settled. The calculator focuses on the manufacturer's total liability, which includes these components indirectly through the purchase price and other fees.

Why Documentation is Crucial

To successfully pursue a California Lemon Law claim, meticulous documentation is essential. Keep records of:

• Purchase or lease agreements
• Repair orders (detailing dates, mileage, and reported issues)
• Invoices for incidental expenses (towing, rental cars, etc.)
• Correspondence with the dealership or manufacturer

These documents will be vital in proving your case and calculating the accurate buyback amount you are owed.

While this calculator provides a useful estimate, every lemon law case is unique. Consulting with an experienced California Lemon Law attorney is highly recommended to understand your specific rights and options.