Buyback Program Outcomes: Do Consumers Fare Better With Attorneys Involved?

So many things seem simple in life but come with hidden or unexpected complexities. This seems straightforward: if you have a lemon vehicle per your state law’s definition of it, you should be able to get a buyback from the manufacturer. To have the best opportunity to get a lemon law buyback requires experience dealing with auto manufacturers. Often, manufacturers will try to get you to agree to a quick deal that might look good at first but actually be more to their advantage. That’s because it’s not in the manufacturers’ best interests to provide you with a buyback. They may make offers and try strategies that could shortchange you from getting the compensation you are rightly due.

A helpful first step to understand the buyback process is to schedule a free consultation with a lemon law attorney (866-440-2460). When you talk to a lemon law lawyer, you can find out how they can help pursue your buyback. You’ll get confirmation if your claim is valid and what the next steps would be to build a case to hold the manufacturer accountable.

The starting point is finding out if your vehicle qualifies as a lemon. It will depend on the type of defect your vehicle is exhibiting and your state’s law. Once that is established, the attorney can go through the lemon law process to protect your rights.

We will examine the definition of a lemon vehicle according to state laws, how a lemon law attorney pursues a buyback, and how you can benefit from the attorney’s skill and experience.

Definition of a Substantial Defect Under Lemon Law

Each state has its own lemon laws. They are based on a core premise: the vehicle must exhibit a substantial defect that severely impacts its use, value, or safety. The defect must be unfixable across the number of allotted repair attempts the state provides to the manufacturer (often 3–4 attempts). These can be fewer if the defect is safety-related. The attorney also takes into account specific rules that each state also has, such as reporting timeframes, mileage, and more. Some states require that the manufacturer get one last opportunity to repair the vehicle. If it will not or cannot repair it, the claim can move forward.

How a Manufacturer May Try to Turn the Situation to Its Advantage

You may have tried to deal with the manufacturer on your own. Perhaps you were offered a ‘goodwill settlement’ or a ‘better’ or ‘extended’ warranty. In other words, the manufacturer may have made some overtures, which seem on the surface to be in good faith. It’s easy to just drop the case and go for one of these offers. After all, you’re probably tired of dealing with your defective vehicle. Anything seems better than going on with a car you can’t depend on. But wait: short-term relief from frustration could actually cost you over the long run.

What Repercussions Could Result from Your Taking a Manufacturer’s First Offer?

Say you decided to end the problem right away and maybe take the manufacturer’s offer of a trade-in. Could your problem go from bad to worse? Potentially. Even if you have an expert determine if the ‘new’ vehicle is in good condition, it could have hidden problems and maybe not actually be worth a comparable amount to your current car. So, you try a counteroffer. You tell the manufacturer you want the trade-in with an extended warranty. It wouldn’t be surprising if the manufacturer agreed to this, or something similar. They don’t want the trouble, expense, or publicity of a court case. But this deal may be far from the best compensation you can get.

Maybe you’re ready to take whatever the manufacturer agrees to. It’s understandable, but a lemon law attorney can put you on the path to the best opportunity to receive the buyback you want.

How a Lemon Law Attorney Builds Your Case to Hold the Manufacturer Accountable?

Remember when we recommended taking advantage of a lemon law attorney’s free consultation (866-440-2460)? If you did not do that at the outset of your vehicle’s problems, right after the manufacturer makes you an offer would be a good time to visit a lemon law lawyer. You can put the manufacturer’s offer on hold and show your evidence to an attorney. It’s free to share your dealer correspondence, repair order documentation, photos, and more with the lawyer. Have the attorney review your evidence? They will determine 1) if your car qualifies as a lemon, and 2) next steps to build a strong case to prove the defect is unfixable and that the manufacturer must provide a buyback.

How the Buyback is Achieved by the Lemon Law Lawyer?

The attorney will review and organize your evidence. To build a strong case, they will check for reports of similar consumer complaints and recalls in such databases as the National Highway Traffic Safety Administration (NHTSA) website. Automotive experts may also be contacted to give testimony regarding your vehicle’s condition. Even if the manufacturer tries to stand by a defense of ‘no problem found,’ the automotive specialist can sometimes find proof of the defect in the car’s data logs. All evidence is put together in a timeline, including the number of times you have brought the car in for repairs and the total days out of service.

When the manufacturer is presented with this tightly organized timeline of evidence, often what will occur is that it will opt to provide you with a buyback.

Here is what a complete and fair buyback payout will typically include:

• A full reimbursement of your initial cash deposit or any trade-in equity.
• A complete refund of all the principal and interest payments you made.
• Direct payment to your lender to completely wipe out your remaining auto loan.
• Reimbursement for your sales tax, registration, license, and title fees.
• Compensation for out-of-pocket costs caused by the lemon, such as towing fees and rental car fees.

Note: Your attorney will go over the official offset fee calculation (there is a fee deduction for the miles you drove the car before the first repair) so you know what to expect for the final buyback amount.

But Isn’t It Expensive to Hire a Lemon Law Attorney?

Payment of your attorney’s fees directly by the manufacturer under state fee-shifting laws means you don’t have to pay the lemon law lawyer. With that in mind, it makes the most sense to hire a lemon law attorney to ensure you have the best opportunity to gain all the compensation due to you, instead of settling for whatever the manufacturer thinks it can get away with for a first offer. Yes, it is tempting to go for the ‘quick fix’ that a manufacturer may offer you. But you might be signing away your right to much higher compensation.

With a lemon law attorney’s assistance, you can avoid potentially losing thousands of dollars in compensation and also potentially the opportunity to bring your case to court. (In some instances, manufacturer offers made directly to consumers include language prohibiting taking the claim to court.)

Trust Allen Stewart, P.C. for Expert Lemon Law Representation

Allen Stewart, P.C. provides comprehensive lemon law representation to help you achieve a buyback, replacement, or other settlements for your defective vehicle. Our attorneys are well-known lemon law lawyers in Texas, New York, California, and throughout the nation. We have won hundreds of cases holding the manufacturer accountable for compensation. Our firm doesn’t back down to challenges. We fight aggressively for your rights.

As we’ve seen, you don’t have to worry about paying us to represent you. The manufacturer is obligated by law to pay your legal fees when you win your case. That means you can access our top attorneys to pursue maximum compensation.

Don’t delay. Time is of the essence with lemon law claims. Contact Allen Stewart, P.C. now (866-440-2460), or schedule your free consultation online.