California Lemon Law Guide: Krotin v. Porsche and the Manufacturer’s Duty to Repurchase

Today starts The Consumer’s Friend Blog’s review of the key cases in California Lemon Law. The first up is Krotin v. Porsche Cars of North America, 38 Cal.App.4th 294 (1995).
This is a very important case for consumers. It tells us that the manufacturer (who warranted the vehicle) has an affirmative duty to buyback its lemon cars. The consumer does not have to ask that the car be bought back because it is the manufacturer’s duty to OFFER a buyback once it has had a reasonable chance to repair the car but can’t. The Court recited the lemon law’s requirement , under Section 1793.2(d)(2) that the manufacturer must offer the buyback “promptly.” The Court also noted that “an automobile manufacturer need not read minds to determine which vehicles are defective; it need only read its dealers’ service records.” In the case before it, the Court noted the evidence showed the District Service Manager for Porsche was able to get service records from the dealers and create a “lemon law summary analysis.” The Court noted that under the manufacturer’s positive duty to repurchase, the manufacturer need not be “clairvoyant” about persistent problems and instead “need only demonstrate more initiative in honoring warranties.”