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Lemon law cash-and-keep offer in California: what to consider

When a car has been back to the dealer repeatedly, some manufacturers respond to a complaint with a “cash-and-keep” offer: a payment, sometimes with an extended warranty, in exchange for keeping the vehicle and giving up further claims. That can be a reasonable outcome for some owners, but it is worth understanding what you may be giving up before you accept.

What California’s lemon law generally provides

Under the Song-Beverly Consumer Warranty Act, if a manufacturer or its dealers cannot fix a covered warranty defect that substantially impairs a new vehicle’s use, value, or safety after a reasonable number of attempts, the manufacturer generally must either replace the vehicle or repurchase it. A repurchase, often called a buyback, generally refunds the price paid or payable, including collateral charges such as sales tax, license, and registration fees, plus certain incidental damages, less an offset for the miles driven before the first repair visit for the problem. If the buyer prevails, the law generally requires the manufacturer to pay the buyer’s reasonable attorney fees and costs. See how a lemon law buyback is calculated.

How a cash-and-keep offer differs

Questions to ask before you sign

  1. What exactly am I releasing? Read whether the release covers only the reported defect or every claim about the car.
  2. Is the defect actually fixed? If it keeps coming back, a payment may not make up for a car you cannot rely on.
  3. How does the offer compare with what a repurchase might be worth given your price, loan, and mileage?
  4. What happens to the warranty? Confirm in writing whether the existing warranty continues and whether any extended coverage is included.
  5. Are there tax or loan effects? If you have a loan or lease, the payment generally does not reduce it unless you apply it yourself.
  6. Is there a deadline? Offers sometimes have short acceptance windows. You generally are not required to accept on the spot.

Keep building your records

Whatever you decide, keep every repair order, your purchase or lease contract, and all letters and emails with the manufacturer. Write down any offer in full, including the amount and the release terms. See what to do if the dealer can’t fix your car and does my car qualify under California lemon law.

Think your car may be a lemon? An attorney can review your repair history for free, with no obligation. The manufacturer pays attorney fees if you win, so there is nothing out of pocket for you.

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General information only, not legal advice. Every situation is different, and no particular outcome is guaranteed.

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