The Lemon Law
For you to avail of the lemon law, the defect must be reported to the dealer or manufacturer within the first 2 years or has traveled 12,000 to 18,000 miles whichever comes first. The vehicle in question must only be for personal use.
Vehicles covered by the law are usually brand new while some states allow leased and used vehicles as long as they are registered there. In the state of California, this also includes boats, motorcycles and motor homes.
But nobody can write to a manufacturer and claim their car is a lemon without due process. Did you give the manufacturer time to repair the vehicle? This usually means giving the manufacturer at least 2 chances to fix the vehicle.
If the defects are still there, did you give the manufacturer a written notice of its last chance to repair it? When you send this, make sure to send this by certified mail and request for a return receipt. Otherwise, they may argue that they never received it.
Should the manufacturer fail to respond after having received the written notice within 10 days, then it is time to demand a refund.
If the manufacturer does not agree, under the lemon law, it is time to file for a dispute resolution through the Division of Consumer Affairs, the manufacturer’s system or in court. The first two is often referred to as arbitration since the person who will be reviewing the case is not a judge but someone very familiar with the lemon law. In the third, together with counsel, you will have to show cause as to why a civil action was filed.
In any of the three scenarios, you need to gather all the necessary documents, prepare questions and arrange for the testimony of witnesses.
When you look for a lawyer, make sure that is his or her specialty. First time consultation is usually free. When you decide to pursue this and maybe even win, the manufacturer will be directed to pay for the legal fees so those who can’t afford to hire one will be able to get proper presentation. One thing you should know about bringing this matter to court is that you can win or lose but it doesn’t end there because you can always appeal the court’s decision.
If you win unopposed, the manufacturer or dealer can give you a refund or give you replacement unit. The good news is that this is not their choice but yours. If you want to the money, you can probably buy another car but this time a different brand. If you prefer the replacement unit, you will be given a car of the same model and make.
The lemon law is valid even if you are told to sign a waiver when you purchase a vehicle. You should just be familiar with how this is done in your state by calling up the state’s Division of Consumer Affairs so you know your rights as a car buyer.
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