I Have a Lemon, So Why Won’t the Manufacturer Just Buy My Car Back?
By David Farrell
When I first started practicing law and began doing California Lemon Law cases, I didn’t understand why the manufacturers would not just buy back these obvious lemons prior to me getting involved. But after having been a California Lemon Law attorney for longer than I wish to admit, I think I have figured it out. The auto manufacturers have realized that by not complying with the law, they save a lot of money. But how could that be?
Auto manufacturers understand the following. Many people do not know there is a California Lemon Law. (This lack of knowledge is changing because of the internet and the fact the California Lemon Law has been around for quite a long time.) Many of those who do know about the California Lemon Law do not believe the law protects them. Many of those who believe they may have a California Lemon Law claim do not believe they can afford an attorney to represent them. (They may also not wish to speak with an attorney. After all, we attorneys do have such stellar reputations.) Many people, rather than deal with a potential California Lemon Law case, just get rid of the problem car on their own. Other people pursue a California Lemon Law claim on their own, are stonewalled, and just give up. Then there are the ones that are left - those who seek out an attorney to represent them under the California Lemon Law. So, as you can see, and as the manufacturers know, most potential California Lemon Law cases are weeded out all by themselves.
Now, in all fairness, I must point out that manufacturers occasionally do voluntarily repurchase or replace vehicles pursuant to the California Lemon Law. Moreover, most manufacturers do provide the consumer with a lemon law guide which briefly describes various state lemon laws and the federal lemon law. Additionally, most manufacturers utilize arbitration programs that arbitrate warranty disputes at no cost to the consumer.
Maybe if I were in the shoes of the manufacturers I would treat California Lemon Law cases the same way they do. Manufacturers are in the business to make money. And let’s face it, if the manufacturers always complied with the California Lemon Law, they would run me, and all other California Lemon Law attorneys, out of business. That would not be good for me, but it sure would be good for California consumers.