What Happens After A Consumer Sends Written Notice Of The Problem By Certified Mail To The Manufacturer?
If there is no agreement or settlement, or if the manufacturer has no informal dispute resolution process, a consumer may sue the manufacturer of the vehicle in a state court to get a refund or a replacement vehicle. The consumer must hire a private attorney to represent him or her in a lawsuit, if he or she wants legal representation. If the consumer proves in court that his or her vehicle is a lemon, a judge may order the manufacturer to refund the full purchase price including sales tax, license and registration fees, less a reasonable allowance for use of the vehicle by the consumer. A consumer who wins may also be awarded reasonable attorney`s fees by the court.
In defense of a lemon law claim by a consumer, a manufacturer is allowed to argue that the problem does not substantially impair the use or market value of the vehicle or that the problem is a result of abuse, neglect, or unauthorized modifications of the vehicle by the consumer.
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.
Additional Lemon Law Articles
- What Is A Lemon?
- What Vehicles Are Covered Under The Lemon Law?
- What Vehicles Are Not Covered By The Lemon Law?
- Who Is A Consumer Under The Lemon Law?
- What Is An Express Warranty?
- Under What Conditions Can A Consumer Use The Lemon Law?
- What Information Should Be Included In The Written Notice?
- What Are The Time Limots For A Consumer To Take Action Under The Lemon Law?
- Where Can I Get More Information About The Lemon Law?