OC lemon law 101: How much can you sue for?
If you fall under OC lemon law, you are usually entitled to a repurchase (commonly known as a buyback) or a replacement. You might be able to secure a "cash and keep" offer for more dubious circumstances.
The repurchase option:
A repurchase, also known as a buyback,
involves receiving your down payment, installments, out-of-pocket repair
charges, towing, rental costs, and loan payoff, less the mileage offset, and
any aftermarket upgrades.
The replacement option:
The new vehicle must be nearly
identical to the car that was replaced. You get to choose whether you want the
manufacturer to repurchase or replace your lemon car or truck if you have one.
The restrictions for RVs, on the other hand, are different. If the manufacturer
offers to replace your lemon RV before you file a lawsuit, they are complying
with the OC lemon law, and you do not have the right to force them to
repurchase your RV instead.
The cash and keep option:
A cash and keep agreement means that
the manufacturer compensates you for your issues while you keep the car or RV,
make your monthly payments, and keep any loans linked with the lemon if you
financed it. Manufacturers are well-known for providing these alternatives to
buyers in exchange for signing a release of all future lemon law claims for
your automobile or RV.
Remember to consult with an OC
lemon law attorney before signing anything the manufacturer sends you!
"There is no such thing as a free
lunch," as the phrase goes. There is no such thing as free money from the
manufacturer in this scenario. Signing those kinds of agreements can entail
giving up thousands of cash. You may only need one or two repair visits to
prove you have a lemon, so with a little patience and the help of an
experienced OC lemon law attorney, you may be able to turn your low-ball cash
offer into a complete repurchase.
The Civil Penalty:
If you can show that the manufacturer
willfully violated the OC lemon law, they could face a civil penalty of two
times the amount of your damages.
Our firm has mastered the paper trails
required to prove an intentional infringement, so visit our website today for a
free consultation if you want to teach your manufacturer a lesson.
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