If GM denied buyback of your lemon law GMC vehicle, you may have powerful legal options.
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GM denied buyback overview.
A GM denied buyback begins when a consumer requests a buyback from GM.
Then, GM decides to deny the repurchase or buyback.
If GM willfully denied a valid lemon law claim, GM may be penalized.
The penalty is called “civil penalties.”
Civil penalties are additional to the the buyback amount.
Amount of civil penalty when GM denied buyback.
Now, the civil penalty amount is also very important.
After all, you want to know how much you can get paid.
For all the stress and headache and trouble you went through.
The civil penalty can increase the settlement by A LOT.
It can DOUBLE or TRIPLE the buyback settlement amount.
Why are GM denied buybacks penalized?
- Courts don’t want manufacturers hurting consumer trust.
- Courts don’t want manufacturers to waste the time of the court.
- Consumer trust is too important to a thriving and sustainable economy.
- Manufacturers should not willfully deny, reject, or refuse valid claims.
- Imposing strict penalties can be the best way to change their behavior.
Example of calculating normal GM lemon law buyback.
For example, lets assume you were leasing a Chevy Silverado with $400 month lease payment.
Let’s also assume you paid them $2,000 as your down-payment and sign on cost.
Now lets assume that 20 months have passed and you have made 20 monthly payments.
Your actual damages might be $10,000 (20 x $400 + $2,000 down-payment).
There are usually deductions too though.
Example of calculating civil penalties for GM denied buyback.
Should we add civil penalties because your GM warranty claim denied?
Continuing the example from above, lets calculate the civil penalties.
In that situation, we said your “actual damages” were $10,000.
The maximum limit for civil penalty is usually twice the amount of “actual damages.”
Lets apply the maximum.
So we double the $10,000 of actual damages = $20,000 maximum civil penalty.
Lower civil penalties.
The court decides on civil penalties. Its not guaranteed.
However, courts do impose a range of civil penalties.
Sometimes civil penalties are equal to the actual damages.
For example, if your actual damages are $10,000, the civil penalty might also be another $10,000.
Sometimes, its less or DOUBLE. It depends.
The actual damages are added to the GM denied buyback civil penalties.
Then you add the civil penalty amount to the actual damages amount.
So, according to the above example, if your actual damages are $10,000 and the civil penalty was also $10,000. We add it together.
So the total amount might total to be $20,000.
Was your GM warranty claim denied? You should know about Civil Code 1794.
Pursuant to Civil Code § 1794
The laws discussed are based pursuant to Civil Code § 1794.
The terminology of the Civil Code discusses the word “Willfully.“
Did the automobile manufacturer violate the lemon law willfully?
Even if they did not deny you intentionally, did they will it or allow you to get denied or rejected without paying enough attention to you?
If so, you may potentially be entitled to civil penalties as part of your recovery.
Free lemon law service for GM denied buyback cases.
You are never personally required to pay our legal fees out of your own pocket.
Win or lose, we do not personally come after you for any legal fees.
In fact, General Motors many times can be required to pay for your expenses and costs associated with suing them in a GM denied buyback case.
They may also be required to pay your “attorneys fees.”
However, even if you do not win attorneys fees, we still will NEVER charge you any legal fees out of pocket.
We get paid through the recovery our client’s win.
Common defenses for GM denied buyback cases
There are many defenses that GM can use to defeat the case.
In most of these situations, they are basically arguing that their action was not willfull.
They point to problems in the actions of the consumer, the validity of the warranty, modifications to the vehicle, and more.
Here are some important defenses that you should keep in mind.
It could be an exception if GM acted reasonably.
If GM acted in good faith and acted reasonably to remedy your situation, that could be a strong defense.
For example, GM may have tried their best to repair or replace your vehicle.
In certain situations, that might be enough to have a strong defense against you.
Several of their defenses in GM denied buyback claim cases include:
- Your vehicle not having a valid warranty.
- You did not provide them with a reasonable number of repair visits or opportunity to replace your vehicle.
- You did not allow them to repair or replace the vehicle.
Buyback denied because VOID GM warranty?
Sometimes your vehicle may have no longer been under warranty during the time you got the vehicle repairs.
If you did not have a valid warranty during the time you got the repairs, you probably wont have a valid case.
For example, you may have modified your vehicle and voided the warranty.
Or another common example is when your warranty had expired due to the warranty period passing or expiring.
The warranty may have also expired if your mileage went above and beyond the covered amount of mileage before getting the repairs.
If you were required to pay for the repairs, it is usually a sign that your car was no longer under warranty during the repairs.
However, if you did repair your vehicle while under warranty, you can still possibly have a case even if your warranty expired.
Did you provide the GM dealership with a reasonable number of repair attempts?
You must have provided GM with a reasonable number of repair attempts or days to fix the vehicle or replace the vehicle or trade in vehicle.
That is why during your free consultation we always like to know how many times you went to the repair shop.
We like to know how many repair invoices and work orders you have and the time period in which those repairs took place.
Also, if your vehicle was in the shop for 30 days or more in a row, that can be a strong type of lemon law case as well.
You must have not denied GM a reasonable “opportunity” to repair or buyback the vehicle
Part of the lemon law, is that the consumer must have provided the manufacturer with a real and reasonable opportunity to repair or replace the vehicle.
Did you refuse them the right to repair the vehicle?
Did you deny their offer to repurchase your vehicle?
If they asked to repurchase your vehicle was their offer fair and reasonable?
Often times, consumers are busy and unable to take the vehicle to the repair shop.
Other times, consumers might grow an attachment financially or emotionally with the vehicle and are unwilling to have it replaced with a different vehicle.
Tell us your story about GM denying your buyback
There are all kinds of difficulties that the dealership or manufacturer might have created for you.
Tell us the facts about how your GM warranty claim was denied by the manufacturer.
I have been a lawyer since 2013 and I have dealt with many lemon law, consumer rights, and personal injury cases.
Did they tell you something or send you documents about the GM buyback denial?
We can review any documents you have regarding the situation.
Normally we look at the repair invoices, vehicle contract, other communications and more.
We can come to your home or office or you can come to our office.
You also have the the option of sending the documents to us through text or email or fax.
If your GM warranty claim denied, contact us and get further insight and information.
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We want to talk to you about your GM warranty claim denied situation.
There is no fee unless we win and you might be entitled to a large financial settlement.
So if GM wont honor warranties or your GM warranty claim denied, contact us for a free case review today.
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