If the manufacturer does not repair the defect, or if the repairs are unsuccessful, you have the following options:
- Manufacturer`s Arbitration Program: Although you are permitted to file a lawsuit under the Lemon Law, before you may do so the law requires that you first use the manufacturer`s dispute settlement program, as long as it is approved by the Delaware Division of Consumer Affairs. Arbitration, also known as informal dispute settlement, is an informal process consumers may use to obtain speedy resolution of a warranty dispute without having to go to court, and it is legally binding on the manufacturer. At an arbitration hearing, the seller and buyer testify before an arbitrator about the condition of the vehicle.
The program is required to complete the proceedings and notify you of a decision within 65 days of the date that you requested use of the program.
After this decision is made, the manufacturer has 30 days after your acceptance of the decision to implement the decision (i.e., to provide you with a refund or replacement, if the decision was in your favor).
Court Action: If you have met the Lemon Law requirements listed above and are not satisfied with results from the manufacturer`s arbitration program, or if the manufacturer does not have an arbitration program that meets federal requirements and regulations, then you may go to court. If you do seek court action, you should consult an attorney.
If the court rules in your favor, in addition to receiving a refund or replacement, you may be able to also receive attorney fees.
