How can I get my defective car replaced by the manufacturer?

Whether you need a lawyer may boil down to whether or not $5,000 matters to you (it seems like a lot given your mileage). Every state has its own Lemon Law (California has one of the better ones) and whether your vehicle is a lemon depends on your law and the facts of your case. You can read an outline of your state's Lemon Law on this web page here: http://ohiolemonlaw.com/state-lemon-law-summaries.htm. For California, the definition of a lemon is: times subject to repair or total of 30 calendar days or 2 repair attempts for safety defects, within shorter of 18 months or 18,000 miles, or a reasonable number of attempts during entire express warranty period. Small business vehicles are covered if you have up to 5 vehicles, weighing a max of 10,000 pounds each. Even if you don't fit that, there is also a federal lemon law that covers almost all consumer purchases and it can help you too; it's called the Magnuson Moss Warranty Act. Some state lemon laws only cover vehicles purchased new and other state laws (like Ohio) can cover used or new, so you have to read your state's particular law to know what your legal rights are. Generally, all state Lemon Laws require that you return the vehicle to the manufacturer's dealer for repair attempts at least 3 or 4 times for the same defect before you can claim it is a lemon, although there are other definitions of what a lemon can be in some states. If you do have a lemon, then you probably have the right to chose between getting your money back or getting a replacement vehicle. You should talk to a Lemon Law lawyer near you. Call your local attorney bar association and ask for a referral to a lemon law lawyer near you. Or you can check this web page for a Free Online 50 State national List of Local Lemon Law Lawyers (they don't pay to be listed here and most of them are members of the only national association of consumer law lawyers): http://ohiolemonlaw.com/locate-a-local-attorney.shtml. Also, for every legal right you have, you only have a limited amount of time to actually file a lawsuit in court or you automatically lose (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, check the box below.

I'm sorry to hear about the problems you've been having. What the dealership is talking about is not at all what the law provides. It sounds like they are just offering to trade your car in, and you would take a loss of thousands of dollars.

It sounds like your car could qualify under the Lemon Law. In a buyback, you are entitled to get all of your down payment and payments back and Lexus would pay off your loan (possibly subject to certain credits). They would also have to pay the attorney's fees. I would strongly recommend that you hire an experienced Lemon Law attorney in San Diego to handle your case. In my experience, manufacturers do not comply with the law unless an attorney is representing the consumer.

Lexus is a very good company that is high on customer service. While you follow the suggestions of the other fine lawyers, please contact Lexus customer service for help. Lexus really wants to retain their clients so give them a chance to assist. Also, pay attention to the filing deadlines so you do not miss your opportunity to get relief in the legal arena. Best wishes.