Get a Lemon Law Buyback in California: Know Your Rights

What Is a Lemon Law Buyback?

A Lemon Law buyback occurs when a manufacturer repurchases a vehicle that cannot be repaired to conform to the applicable warranty after a reasonable number of attempts. In a repurchase, the manufacturer must provide restitution calculated by statute and take back the vehicle (see Civ. Code § 1793.2(d)(2)).

Who Is Protected Under California’s Lemon Law?

California’s Song-Beverly Consumer Warranty Act protects buyers and lessees of new motor vehicles with a manufacturer’s warranty, and also covers certain used vehicles still under the manufacturer’s warranty. Certified pre-owned vehicles with a manufacturer-backed warranty may be covered. Some business purchases are covered if the vehicle’s gross vehicle weight is under 10,000 pounds and the business has fewer than five vehicles registered in California (see Civ. Code §§ 1793.2, 1793.22; see also CA Attorney General guidance).

Note for motorhomes: the law generally covers the chassis, chassis cab, and propulsion system, but not portions designed primarily for human habitation (see Civ. Code § 1793.22).

When Does a Vehicle Qualify as a Lemon?

A vehicle may qualify when a defect covered by the manufacturer’s warranty substantially impairs the vehicle’s use, value, or safety and the manufacturer or its authorized dealer has not fixed it after a reasonable number of attempts. Factors include the nature and seriousness of the defect, the number of repair attempts, and days the vehicle was out of service (see Civ. Code § 1793.2).

What Is the Difference Between Buyback and Replacement?

If your vehicle qualifies, you may be offered a repurchase (buyback) or a replacement vehicle. A buyback involves returning the vehicle and receiving statutory restitution (subject to a usage deduction). A replacement involves receiving a substantially identical new vehicle and payment of certain fees and taxes as provided by statute. You may elect a repurchase instead of a replacement (see Civ. Code § 1793.2(d)(2)).

What Can You Recover in a Buyback?

In a repurchase, restitution generally includes:

• The amount paid or payable for the vehicle (including price, sales/use tax, license and registration fees), less a usage deduction.
• Incidental and consequential damages reasonably incurred (e.g., towing, rental, repair-related expenses).
• Reasonable attorney’s fees and costs for prevailing consumers.
• Potential civil penalties up to two times actual damages if the manufacturer willfully failed to comply.

The usage deduction is set by statute: mileage at the first repair attempt for the defect ÷ 120,000, multiplied by the price paid or payable (see Civ. Code § 1793.2(d)(2); § 1794).

Reasonable Number of Repair Attempts

The law does not fix a single number for every case. The question is whether the manufacturer/dealer had a reasonable opportunity to repair, considering the seriousness of the issue (especially safety-related defects), the number of attempts, and total days out of service (see AG guidance).

Key Steps to Protect Your Claim

• Report problems promptly and use an authorized dealer for warranty repairs.
• Keep all repair orders, invoices, and communications.
• Describe symptoms clearly and ensure they are written on repair orders.
• Track days out of service and repeat visits for the same issue.
• Do not ignore safety-related warnings or defects.
• Consult an attorney before accepting goodwill offers or settlements that may limit your rights.

How the Buyback Process Typically Works

• Evaluation: Confirm warranty coverage and whether the defect substantially impairs use, value, or safety.
• Notice and Opportunity: Provide the manufacturer or an authorized dealer a reasonable chance to repair.
• Claim Submission: Present your documentation and request repurchase or replacement.
• Calculation: The buyback amount is computed under the statute, including a mileage-based usage deduction from the price paid or payable.
• Transfer: You return the vehicle and receive payment; title transfers back to the manufacturer.
• Branding/Disclosure: Manufacturer Lemon Law buybacks must be disclosed and titled accordingly to inform future buyers (see CA DMV).

Special Situations: Used, Leased, RVs, and Business Vehicles

• Used vehicles: Coverage may apply if the manufacturer’s new-vehicle warranty still applies or if there is a manufacturer-backed warranty.
• Leased vehicles: Lessees can qualify; restitution accounts for lease payments and official fees (see Civ. Code § 1793.2(d)(2)).
• Motorhomes/RVs: Coverage generally applies to the chassis, chassis cab, and propulsion system; habitation components are typically excluded (see Civ. Code § 1793.22).
• Business vehicles: Certain business purchases are covered if GVWR is under 10,000 lbs and the business owns fewer than five vehicles in California (see Civ. Code § 1793.22).

What About the California Lemon Law Presumption?

California’s presumption can help prove a lemon if, within the first 18 months or 18,000 miles (whichever occurs first), and after required notice/opportunity to repair, either: (1) the same defect is subject to repair four or more times; or (2) a defect likely to cause death or serious bodily injury is subject to repair two or more times; or (3) the vehicle is out of service for repair for a cumulative total of more than 30 days. The presumption shifts the burden to the manufacturer but is not the only way to win a case (see Civ. Code § 1793.22(b); AG guidance).

Common Manufacturer Defenses

• The issue does not substantially impair use, value, or safety.
• Abuse, neglect, or unauthorized modifications caused the problem.
• No reasonable number of opportunities to repair was provided.
• The vehicle was repaired within a reasonable time and now conforms to the warranty.
• Insufficient documentation of repeated complaints or days out of service.

Practical Tips for Documentation

• Use specific, consistent language when describing symptoms.
• Photograph or video recurring issues where safe to do so.
• Keep a log of dates, mileage, days out of service, and contacts.
• Save emails, texts, and case numbers from manufacturer hotlines.
• Do not leave blanks on repair orders; verify accuracy before signing.

FAQs

Do I have to use the dealer for all repairs?

Yes, for warranty repairs you should use an authorized dealer so the manufacturer has a fair opportunity to fix the defect and your records are recognized.

Can I get a buyback if the defect was eventually fixed?

If the defect was fixed after a reasonable number of attempts and within a reasonable time, the manufacturer may argue the vehicle now conforms to the warranty. Outcomes depend on timing, severity, and repair history.

What if my warranty expired?

The key is whether the defect first arose and repair attempts began while the manufacturer’s warranty was in effect.

How is the usage deduction calculated?

It’s mileage at the first repair attempt for the defect divided by 120,000, multiplied by the price paid or payable under the statute.

Will I pay attorney’s fees?

Prevailing consumers may recover reasonable attorney’s fees and costs from the manufacturer under California law.

Why Work With a Lemon Law Attorney?

An attorney can evaluate eligibility, preserve your rights, and negotiate with the manufacturer. Prevailing consumers can recover reasonable attorney’s fees and costs (see Civ. Code § 1794(d)).

Next Steps

If you believe your vehicle is a lemon, gather your repair records and speak with a California lemon law attorney. An initial assessment can determine whether you may qualify for a buyback or replacement and outline next steps. Schedule a consultation.

Disclaimer

This post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and their application depends on specific facts. Consult a qualified California attorney about your situation.