How Can I Assert My Rights?

If the manufacturer does not accept your Lemon Law claim and will not refund your money or replace your vehicle, you must file for a hearing through the manufacturer`s informal dispute settlement program before you can use the Lemon Law in court, if the manufacturer provides notice to you that the program is available and if the program is certified by the Arkansas Attorney General.

You will not have to pay any fee to use the settlement program. Usually, you submit your complaint in writing to the program with copies for your records. Generally, your case must be decided within 40 days after the time your complaint is received. You may accept or reject the program`s decision. If you accept, the manufacturer must also accept and has 30 days to comply. There is no appeal process for the manufacturer.

If you do not agree with the program`s decision, you can reject it and go to court to assert your right to a replacement, refund or other relief. If you go to court, the judge may consider the program`s decision in deciding your case.

You are required to use the informal dispute program only if you want to use the Lemon Law`s standard of reasonable attempts to repair. You may have other causes of action or rights outside of the Lemon Law. It is a good idea to consult an attorney regarding these options.

If you win in the Manufacturer`s Informal Dispute Procedure or if your win in court, you can receive the following:

  • refund of vehicle purchase price or leasing costs, including sales tax
  • manufacturer or dealer installed accessories
  • finance charges (if any)
  • reasonable attorney`s fees
  • reasonable costs of a rental vehicle while your vehicle is out of service because of the defect

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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