The Lemon Law buyback exists thanks to the efforts of a California poetry teacher. Rosemary Shahan was in an accident in her Volkswagen Dasher in 1979. She took it to a Lemon Grove Volkswagen dealer, who failed to fix it for several months and refused to let her take it somewhere else.

Shahan began to picket the dealership daily, winning support from fellow consumers and ultimately getting her car back. She then lobbied California lawmakers to pass rules in 1982 that required dealers to buy back a car after several attempts at repairs failed. These rules also limited the amount of time a dealership could hold a car to make repairs. These rules, along with the Federal Magnuson-Moss Warranty Act, formed the basis of Lemon Laws in Georgia, Florida and most other U.S. states.

What Is a Lemon Vehicle?

To qualify for a Lemon Buyback, a car must first be classified as a lemon under the law. In general, Florida and Georgia lemon laws have the following requirements:

  1. The vehicle must be new. Cars, trucks, vans and the mechanical parts of RVs and motor homes purchased new from a dealership are eligible for a Lemon Law Buyback. Eligibility lasts as long as the vehicle’s warranty, generally 2 years or 24,000 miles, whichever comes first.
  2. At least 3 attempts have been made to repair the same defect in the vehicle. Under the Georgia Lemon Law, only 1 attempt is needed for a life-threatening defect.
  3. The vehicle has spent at least 30 days in the shop. This does not need to be consecutive. Any combination of 30 days can get a vehicle classified as a lemon.

Lemon Law Buyback: How It Works

If a vehicle meets Lemon Law criteria, the owner can file for warranty enforcement under the Florida or Georgia Lemon Law. Claims are filed in the state where you live, not the state where the vehicle was purchased.

If your claim is successful, the dealer will be obligated to buy back the defective vehicle. The dealer takes ownership of the vehicle and you receive a refund of the full purchase price, closing costs, interest payments, payments related to repairs and any documented costs for alternative transportation, including rentals, public transit and rideshare or cab fares, while the vehicle was in the shop.

Your settlement is reduced by a standard depreciation formula based on mileage when you first brought the vehicle in to repair the defect. For example, if you had 100 miles on the vehicle when you first tried to have it repaired, then drove 10,000 miles while repairs continued, your settlement would be reduced by 100 miles of depreciation.

In most states, the title of the vehicle will be stamped with the words, “Buyback: Lemon Law” or “Buyback: Lemon,” which will alert any future owners of the vehicle’s troubled history.

In a Lemon Law Buyback, you get a check for your settlement that you can use to purchase a new vehicle. If you hired a Lemon Law Attorney to represent you, their fee is deducted from this settlement.

Lemon Law Buyback or Replacement Vehicle?

The Florida and Georgia lemon laws both allow vehicle owners to receive a replacement vehicle instead of a cash settlement. Most lemon law attorneys recommend avoiding this for two reasons:

  1. Fair value: You could find yourself at odds with a dealer over the value of your vehicle and the value of the replacement the dealer offers. If it is an identical vehicle with identical features, a replacement may be fair, but it may also have the same defect that led to your Lemon Law claim. If you are very well-versed in vehicle values and specifications, consider a replacement offer. If you are not, it is better to take a cash settlement.
  2. Future value: Most vehicle owners have trade-in or resale value somewhere in the back of their mind when they buy a new car. What most do not consider is how a car’s service history or reputation can reduce that future value. Trading a lemon vehicle for a non-lemon equivalent may seem like a good decision now, but if a number of those vehicles experience similar problems, you will have far less to work with when you resell or trade in down the road.

Get Help With Your Lemon Law Buyback

You can file for a Florida or Georgia Lemon Law Buyback on your own, but be aware that you will need to manage all the paperwork, meet filing deadlines, understand the law and face off against an experienced attorney representing the vehicle manufacturer.

Most owners will benefit from the help of an experienced Lemon Law Attorney, who can ensure that all receipts are accounted for and that all filings are complete and on time. Your attorney will handle every aspect of the case, including the hearing with mediators. All you have to do is wait for the decision.

In Florida and Georgia, Lemon Law case evaluation is free, and there is no out-of-pocket cost to file a Lemon Law claim unless you win a settlement. If you think you have a lemon, talk to a Lemon Law attorney at Bad Vehicle by contacting us online or calling us at 1-855-223-8344.