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There
are 2 types of Lemon Law Buybacks...
“LEMON
LAW BUYBACK” vs.
“goodwill repurchase”
Buybacks
can be done in two different ways, and it is vitally important
that a consumer understands the important differences between
them.
Buyback
Type 1:
This is the correct, and desired “lemon law buyback”.
The automobile manufacturer repurchases the vehicle from the
consumer for defects that “substantially impair the use, value
or safety of the vehicle to the buyer”. The vehicle’s title
is permanently “branded” with the words “LEMON LAW
BUYBACK”. The manufacturer must correct the defects that made
it a “lemon”, provide a written one year warranty that the
defects (warranty non-conformities) have been remedied, and an
attendant disclosure form. This
type of buyback is what the consumer wants, as when the
vehicle is re-sold, the
manufacturer was the last owner and has warranted the
vehicle to be free of defects. Otherwise, if not branded “LEMON
LAW BUYBACK”,
the car can be re-sold without divulging its history to
subsequent buyers. There is also the potential for a
non-“branded” title vehicle to be involved in an accident,
and the new owner sues the old owner. A “branded” title
insulates the previous owner, and let’s the manufacturer take
the 1st- order responsibility. This type of buyback
is facilitated by a California lemon law attorney.
Buyback
Type 2: This
is the type of “buyback” the automobile manufacturer would
like consumers to participate in. This is not
what the consumer wants. The “buyback” is written up as
“goodwill repurchase” or “goodwill buyback”. What does
this mean? Simply put, the automobile manufacturer desires to hide
and not disclose the vehicle’s problems.
“Goodwill” denotes “we are just buying it back, not
because it’s a lemon”. A major automobile manufacturer was
sued a few years ago for reselling thousands
of buyback vehicles and not branding their title’s “LEMON
LAW BUYBACK”, because the vehicles didn’t meet their
“criteria” for what defined them to be a “lemon”.
One
can easily see just how important it is for the vehicle to be
properly repurchased and the title branded. When a vehicle
buyback is instituted by a California lemon law attorney, the
title is always “branded” with “LEMON
LAW BUYBACK”.
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California
Lemon Law Attorneys
411 N. Central Ave. Suite 230
Glendale, California. 91203
(1-800-225-3666)
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