Toyota's recent recall regarding the uncontrollable acceleration of its vehicles has led many Toyota car owners to contact my Texas Lemon Law office for recourse. Most consumers ask if it is possible for them to get an automatic buyback, due to the recall. The answer is "it depends."
Texas Lemon Law has a set of strict guidelines -- the consumer's situation must fit within those guidelines to be eligible for a potential lemon law buyback. Moreover, the Texas Lemon Law is never definitive because it is subject to an administrative judge's ruling.
In general, the lemon law requires that the consumer have taken the vehicle in at least 4 times unsuccessfully within the first 24,000 miles or 24 months, whichever occurs first. If the problem is considered a serious safety matter, then the law only requires 2 times. Toyota's acceleration problem is arguably a serious safety defect. However and again, it is up to the administrative judge at the lemon law hearing to make that decision.
If a consumer who owns a Toyota wishes to pursue the lemon law route, then here are some helpful tips:
* always keep written records of your repair attempt visits;
* always write down names of each person you have spoken with at Toyota;
* write a written notice letter to Toyota regarding your lemon law concerns;
If you live in California instead of Texas and wish to pursue the California Lemon Law route, then here is an interesting article written by Mark Glover of the Sacramento Bee. Click Download file
Disclaimer: this is NOT legal advice. Each case is different and it is recommended that you contact a lemon law attorney for advice about your specific situation. Keep in mind that each legal claim has a statute of limitation or deadline -- you should act as quickly as possible. Failure to do so may mean that you will lose the right to sue.