i bought yesterday morning a preowned car, value $41200 plus taxes,the seller informed me it was a buyback from the previous owner and i signed something about it (i am a stranger green card owner arrived few weeks ago in usa), i paid the car by cash, the car had a problem yesterday in the afternoon and is on warranty for 3 years, they are repairing it and will give me the car back probably on monday. I was supposed (before it happened) to sign another paper saying i knew it was a buyback. But it wasn't ready so they let me go with the car and i am supposed to sign it later. I am afraid it's a lemon. What should i do?
Nothing, but i read that you have to sign a buyback option if the car value is less than 40000 and you can have the money back, i don't understand if there is ia default option (no sign) if the value is over 40000$.
So i have 2 questions:
Can i apply within tomorrow (2 days) for a contract cancellation option?
and will i be able to obtain a lemon law buyback if i sign the paper that i know this was already a buyback?
Hello,Thank you for using JA..What state is this in as that will determine the lemon laws on buyback vehicles?.
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California, i live in berkeley , dealer is in corte madeira
i live in Berkeley california, the dealer is in Corte madera,San rafael, california
Ok, according to the CA DMV:.What you need if you purchase a Lemon Law Buyback Vehicle
Prior to buying a Lemon Law Buyback Vehicle, you must be notified in writing by the seller of the nonconformities stated by the original owner..
In California, a manufacturer must retitle any reacquired motor vehicle in its name, ask the department of motor vehicles to inscribe the title with "Lemon Law Buyback" and affix a lemon-law buyback decal to the vehicle before reselling it.
In addition, whoever buys that vehicle must be presented with a written notice that it is a lemon law buyback and in turn provide a written acknowledgement that the notice was provided.
CA Lemon Law Statute – Section 1793.23
(e) Any person, including any dealer, who acquires a motor vehicle for resale and knows or should have known that the vehicle was reacquired by the vehicle’s manufacturer in response to a request by the last retail owner or lessee of the vehicle that it be replaced or accepted for restitution because the vehicle did not conform to express warranties shall, prior to the sale, lease, or other transfer, execute and deliver to the subsequent transferee a notice and obtain the transferee’s written acknowledgment of a notice, as prescribed by Section 1793.24.
So if you did not sign the acknowledgment prior to purchase, the dealer did not comply with the law and that could give you grounds to get out of the contract. The question would be if a judge would order strict compliance with the law for the signed acknowledgment since they disclosed and you knew it was a buyback prior to purchase.
Thanks. I guessed there are two different forms of acknowledgment which i had to sign the first is the acknowledgment that it was a buyback (this is probably the one i signed), the second, from the previous owner, who underline what was the problem and the fact that there will be permanently written on the registration form Lemon buyback which undervalue the car for ever, and i haven't signed this one. Do u think the contract is invalid?
To be perfectly honest, it is probably valid if you signed the buyback acknowledgment..Obviously with the warranty, they would still have to cover any problems you may have and if you have numerous problems that they can't fix, you could still sue under a breach of contract claim and argue that the car is still a lemon..Hopefully they will correct the problem and you won't have any further concerns with the vehicle..
Attorney with over 12 years experience
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