What Is The Final Opportunity To Repair Requirement?

Once the manufacturer or authorized dealer has not been able to repair the substantial defect, and the problem continues or recurs, you must contact the manufacturer in writing and state that you want a refund or replacement and that you will give the manufacturer one final repair opportunity, of at least seven business days, to fix the defect.

You should send notification of the manufacturer`s final opportunity to repair by certified mail, return receipt requested, to the manufacturer`s regional office. (See sample.) This way you can prove when the manufacturer received it. You may get the manufacturer`s address from your warranty information or from the Attorney General`s Lemon Law Arbitration Program (LLAP) at 207­626­8848.

It is essential to keep copies of your final opportunity to repair letter, request for a refund or replacement as this is a necessary step before you can receive Lemon Law relief. Once the manufacturer receives your letter, the manufacturer will have 7 business days to make a final repair attempt. You must cooperate with this final repair attempt in order to be eligible for Lemon Law relief.

Make sure you include in your notice both a daytime and nighttime phone number where the dealer or manufacturer may reach you or leave a message. You should be prepared to turn over your vehicle to the manufacturer for a repair attempt after you give the final opportunity notice.

The manufacturer may choose not to use this final opportunity to attempt repair. If after the seven business days the substantial defect has not been repaired, or has been repaired and recurs, you may very well have the right to a refund or replacement under the Lemon Law. If the manufacturer does not voluntarily return your money or provide you with a replacement vehicle, you may request an arbitration hearing.

When you notify the manufacturer of its final opportunity to repair, we recommend you use the Lemon Law Program Form to Notify the Manufacturer of Final Repair Opportunity.

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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