California Lemon Law Buybacks « California Lemon Law blog

The result of a four year California lemon law battle has California courts siding with consumer when it comes to vehicles weighing 10,000 pounds. The confusion is the result of automobile manufacturers refusing lemon law buybacks because the gross vehicle weight rating (GVWR) of the vehicle is over the 10,000 pound limit. The GVWR is the maximum allowable total weight of a vehicle including passengers and cargo, but does not mean the vehicle is being driven at this weight.

In the aforementioned case, the business owners truck weight was under 7,000 pounds, but because the GVWR was 10,000 pounds, it did not qualify under the California lemon law. Courts eventually sided with the business owner, saying that the gross vehicle weight (GVW) and not the fully loaded weight, is what counts. This case has set the precedent for auto makers and future lemon law cases in California involving small business owners and trucks used primarily for small businesses.

The California lemon law considers the importance of vehicle warranties to small business owners, and has included an exception in the California lemon law to offer consumers more protection. California’s lemon law covers business vehicles as long as: (1) the business that owns the lemon car or truck has no more than five vehicles registered in its name; and (2) the vehicle’s “gross vehicle weight” is less than 10,000 pounds.

If you have been denied repurchase of you vehicle because it exceeded the weight limit of the lemon law but the gross vehicle weight is under 10,000 pounds, contact the offices of Delsack & Associates for a free consultation with an attorney. Your vehicle may qualify for repurchase under the California lemon law.

Here at the Law Offices of Delsack & Associates, we represent our clients to the highest legal standards. With over 24 years of helping California consumers, we have successfully represented thousands of clients throughout the state in all types of lemon law cases, with all vehicle manufacturers. We are especially proud of the fact that in more than 9 out of 10 of these cases we are able to reach satisfactory settlements without litigation, making the settlements fast and stress free for our clients. The high standards we have set to represent only those clients with legitimate lemon law claims means that we do not compromise our integrity or reputation. Our goal is not to be the “largest” lemon law firm in California, but to continue to be the best. Below is a list of some of our most recent success stories where we helped consumers get settlements for their lemons:

1. 2005 Ford F250: Full buyback – Antioch, CA – 82,988 miles
2. 2008 Nissan Altima Hybrid: Full buyback – Modesto, CA – 44,462 miles
3. 2007 GTI VW: Cash & Keep – San Jose, CA – 38,148 miles
4. 2006 Ford F250: Full buyback – Simi Valley, CA – 80,375 miles
5. 2011 Jaguar XK: Full buyback – Tarzana, CA – 6,472 miles
6. 2010 Chevrolet Equinox: Cash & Keep – Wilcox, CA – 26,855 miles
7. 2008 Jaguar XFS: Cash and Keep – El Dorado Hills, CA – 36,662 miles
8. 2010 Nissan Altima: Full buyback – San Bernardino, CA – 17,591 miles
9. 2008 Chevrolet Silverado: Cash and Keep – San Jacinto, CA – 91,280 miles
10. 2007 Chevrolet Aveo: Full buyback – North Hollywood, CA – 40,391 miles
11. 2008 BMW 535i: Full buyback – Los Angeles, CA – 28,407 miles
12. 2011 Ford Mustang: Full buyback – Pearblossom, CA – 9,870 miles
13. Kia Spectra: Full buyback – San Jose, CA – 57,504 miles

If you are in California and feel that you may have a lemon, contact our lemon law offices, or fill out our Lemon Law Case Review, for a FREE consultation.