Not in California. I got a reimbusement from Toyota. Check your state''s Lemon Law statute. The first steps often don't require a lawsuit. Often non binding arbitration is required. Toyota responded with an offer before the arbitration date.
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I believe every state is slightly different. Generally what you said above is correct. In California the buyback is not automatic. I believe the arbitration is binding on the manufacturer but not the consumer. That means if the consumer doesn't like the result of arbitration then they can go to court. My case invloved an issue that might have been considered a safety issue and hence the quick offer for repurchase. Before my case, I watched a friend go through arbitration and athe arbitrator ruled that the manufacturer had repaired all the defects. It is important to understand the statute in your state and be prepared by documenting every service visit and every instance that the car did not perform.
