How Do I Ask the Manufacturer to Buy Back My Car?

Published October 19, 2026 · Updated October 19, 2026 · California lemon law

The Short Answer

What You Will Need Before You Ask

• Every repair order for the problem, with dates and mileage
• Your sales or lease contract
• The VIN and current mileage
• A short timeline of the problem and each dealer visit
• Receipts for towing, rentals or other costs caused by the defect
• Any case number from earlier calls with the manufacturer

Why the Request Goes to the Manufacturer, Not the Dealer

The dealer fixes the car, but the manufacturer owns the obligation. Under Civil Code 1793.2(d)(2), when the manufacturer or its dealers cannot fix a covered defect after a reasonable number of attempts, the manufacturer must replace or repurchase the vehicle. The dealer usually cannot approve a buyback on its own.

That is why asking the service advisor for a refund rarely gets anywhere. The advisor may be sympathetic, but the decision sits with the manufacturer's customer relations or legal team. Some dealers will offer to help you trade into a new car. That is a sale, not a lemon law buyback, and it works very differently.

Going to the manufacturer also creates a record that it knew about the problem. That record can matter. For the first two parts of the presumption in Civil Code 1793.22(b), the buyer must have directly notified the manufacturer if the owner's manual clearly requires it. Check your warranty booklet for that language.

You also have the right to choose. The law says the buyer is free to choose restitution, meaning a buyback, instead of a replacement. If the manufacturer offers a replacement first, you can say you want a repurchase.

Step One: Open a Case With Customer Care

Most manufacturers have a customer assistance or customer relations phone line, often listed in the owner's manual, the warranty booklet, or the owner section of the brand's website. Calling is usually the fastest way to get a case number, which you will reference in everything after.

On the call, stay brief and factual. Give the VIN, describe the defect, list the repair visits, and say you are asking for a repurchase under California's lemon law. Ask for the case number, the representative's name, and what happens next. Write all of it down with the date and time.

The representative may ask to schedule an inspection or offer another repair attempt. You can listen and ask questions, but you do not have to agree to a settlement on the phone. If an offer is made, ask for it in writing.

Follow up in writing after the call. A short email or letter that says, in effect, "Thank you for speaking with me today about case number such-and-such; as discussed, I am requesting a repurchase," turns a phone conversation into a dated record. If the representative promised a callback by a certain day, note that too.

• VIN and current mileage
• The defect, described in a sentence or two
• Dates of each repair visit
• A clear statement that you want a repurchase
• Request for the case number and next steps in writing

Step Two: Put the Request in Writing

A phone call is a start, but a written request is the record that counts. Send a short letter or use the manufacturer's written contact method, and keep proof of when you sent it. Certified mail with a return receipt, or an email you save, both work.

Keep the letter simple. Identify yourself and the vehicle. Describe the defect and how it affects use, value or safety. List each repair visit by date and mileage, and attach copies of the repair orders. State that the defect has not been fixed and that you are requesting a repurchase.

Avoid long arguments, guesses about the cause, or angry language. You do not have to prove the exact technical cause of the defect; Oregel v. American Isuzu Motors (2001) held that visits where the dealer could not find or fix the problem can still count. Let the repair orders speak.

Do not send your only copies of anything. Keep the originals and send copies.

If your owner's manual or warranty booklet lists a specific address for written notice to the manufacturer, use that address. Sending the letter to the place the manufacturer itself designates removes any argument that it never received notice. Keep the envelope receipt or tracking number with your copy of the letter.

Formal Notice Rules Under AB 1755

Since 2025, the process changed for many claims. AB 1755 added Code of Civil Procedure 871.20 and following, and SB 26 adjusted those rules. For manufacturers that opted in, a buyer must send a written pre-lawsuit notice before filing suit, and there are early document exchange and mediation steps with their own deadlines.

The formal notice is not the same thing as a friendly customer care letter. It has specific requirements, and sending it the wrong way or too early can create problems later. If the manufacturer opted in, the timing of the notice affects when a lawsuit can be filed and how the case proceeds.

This is one of the main reasons people hire a lemon law attorney before asking for a buyback. The attorney knows which manufacturers opted in and how to give the required notice. Under Civil Code 1794(d), a buyer who wins recovers attorney fees, costs and expenses from the manufacturer, so you pay $0 out of pocket to have an attorney handle it.

General deadlines still apply too. Warranty claims generally must be filed within four years under Commercial Code 2725. When that clock starts is technical, so do not let a long back-and-forth with customer care run out the time.

Example: Asking on Your Own, Then Getting Help

This is a made-up example to show the process, not a real case. Kevin bought a new sedan in California. Over ten months, the car lost power on the highway three times. The dealer replaced a sensor, then updated the software, then said it could not reproduce the problem.

Kevin called the manufacturer's customer care line and asked for a buyback. The representative opened a case and offered a "goodwill" extended warranty and a free oil change if he kept the car. Kevin said he would think about it and asked for the offer in writing.

Before signing, Kevin called a lemon law attorney. The attorney explained that a loss of power on the highway could be a defect likely to cause serious injury, which can trigger the two-repair presumption, and that the software update counted as a repair attempt. The attorney also confirmed the manufacturer had opted in to the AB 1755 procedures.

Kevin decided not to accept the goodwill offer. His attorney sent the formal pre-lawsuit notice and handled the next steps. The example shows why it helps to pause before accepting an offer from customer care.

Offers to Watch Out For

When you ask for a buyback, the manufacturer may respond with something else. Some offers are reasonable. Others can trade away more than they give. Read every offer carefully and ask for it in writing before you decide.

Common responses include another repair attempt, an extended warranty, a cash payment to keep the car, or a trade-assist credit toward a new vehicle from the same brand. A trade-assist deal may leave you with a new loan and no lemon law refund at all. A cash-and-keep deal can be fair in some cases, but it usually means giving up the right to a repurchase.

Many offers come with a release, a document where you give up claims. A signed release is very difficult to take back. That is true even if the problem comes back later.

Take your time. A real offer does not usually vanish because you asked for a few days to review it. If a representative pushes you to decide on the phone, that is a reason to slow down and have a lemon law attorney look at the terms before you agree to anything.

• Extended warranty or goodwill repairs in exchange for dropping the claim
• Cash to keep the car, with a release of claims
• Trade-assist credit toward another vehicle
• Replacement vehicle when you would prefer a refund
• Any document labeled release, settlement or agreement

What a Buyback Request Should Ask For

A repurchase is more than the sticker price. Under Civil Code 1793.2(d)(2)(B), restitution is the actual price paid or payable, including collateral charges like sales tax, license and registration fees, plus incidental damages such as reasonable repair, towing and rental car costs. A mileage offset is then subtracted.

The offset, under Civil Code 1793.2(d)(2)(C), is based on the miles driven before you first took the car in for the problem. Manufacturers sometimes calculate it from a later visit or from current mileage. Check the number against your first repair order.

Your request does not need to calculate an exact figure. It should make clear you want a full repurchase under the lemon law, not a partial payment. Every case is different, and an attorney can review any number the manufacturer proposes.

Keep paying your loan or lease while you wait. A buyback usually pays off the lender directly, and missed payments can hurt your credit and lead to repossession.

Include a list of out-of-pocket costs with your request if you have them. Towing bills, rental car receipts and repair charges tied to the defect can be part of incidental damages, but only if you can document them. A simple list with copies of the receipts attached is enough.

How to Make the Request

1. Check the owner's manual and warranty booklet for the manufacturer's customer care contact and any written notice requirement.
2. Call to open a case, write down the case number and the name of each person you speak with.
3. Send a short written request that lists the defect, each repair visit, and that you are asking for a repurchase.
4. Keep a copy of everything you send and proof of when it was sent.
5. Do not sign any offer, release or trade-assist deal until a lemon law attorney reviews it.
6. Call 877-536-6620 for a free case review if you want an attorney to send the request for you.

Key Facts (as of October 2026)

• The buyer is free to choose restitution (a buyback) instead of a replacement (Civil Code 1793.2(d)(2)).
• For the presumption, you must have directly notified the manufacturer if the owner's manual clearly requires it (Civil Code 1793.22(b)).
• For manufacturers that opted in, AB 1755 (Code of Civil Procedure 871.20 and following) requires pre-lawsuit written notice.

Talk to a Lemon Law Attorney Today

You speak directly with an attorney. Our attorneys, listed in firm order: #1 Jacob Shayesteh (founding attorney), #2 Armig Khodanian and #3 Kamau Edwards, will look at your repair history and tell you honestly whether you have a case. The review is free. You pay $0 out of pocket: the manufacturer pays the attorney fees when you win, and if we lose, you owe us nothing.

What Our Clients Say on Google

“They were incredibly professional, fast, and efficient, taking over all the stressful communication with the manufacturer so I didn't have to. In the end, they secured a full lemon law refund for me, which covered not just the vehicle cost, but all of my registration fees, taxes, and finance charges.”

Aaron K. · 2024 Mercedes-Benz EQE · 5-star Google review

“Even after multiple PCM software updates and the service center telling me it was just 'adaptive learning,' the car was still lunging and hesitating at highway speeds. I paid no out-of-pocket legal fees because the law requires the manufacturer to pay them.”

Nathaniel H. · 2023 Ford · 5-star Google review

“Jacob was sharp, responsive, and honest about what to expect. He communicated with Audi directly so my parents didn't have to deal with any of it, and the case moved fast.”

Joshua G. · 2024 Audi Q5 hybrid · 5-star Google review

Read all 78 reviews on Google (5.0 stars, October 2026). Reviews describe past clients' experiences; every case is different.

FAQ

Can I ask the dealer for a buyback instead?

You can tell the dealer, but the repurchase obligation belongs to the manufacturer, so the request should go to the manufacturer in writing.

What if the manufacturer ignores my request?

Keep your proof of sending it and talk to a lemon law attorney. Silence does not end your rights, but deadlines still run.

Should I go through BBB AUTO LINE first?

Manufacturer arbitration programs like BBB AUTO LINE are free, and the decision binds the manufacturer if you accept it, not you. It is generally not required before a California lemon law claim, so ask an attorney whether it makes sense for you.

Can the manufacturer make me take a replacement car?

No. The law lets the buyer choose restitution instead of a replacement vehicle.

Sources and Official References

• California Civil Code section 1793.2 (California Legislature)
• California Civil Code section 1793.22 (California Legislature)
• California Code of Civil Procedure section 871.20 (California Legislature)
• BBB AUTO LINE

Laws change. This page reflects California law as of October 2026 and was reviewed by Jacob Shayesteh, Esq.

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Attorney advertising. Wynn Law Group, APC, 10850 Wilshire Blvd, Suite 1010, Los Angeles, CA 90024. General information, not legal advice. Results vary. Prior results do not guarantee a similar outcome.