Your car may be declared a lemon after going through arbitration if it meets all of the following conditions:
- it has a nonconformity (a defect, malfunction, or condition)
- the nonconformity is covered by the manufacturer`s express warranty
- the nonconformity SUBSTANTIALLY impairs the use, market value, or safety of the car
- the nonconformity is not the result of an accident, abuse, neglect, or alteration of the car by persons other than the manufacturer or its authorized dealer
- you tried to get the nonconformity repaired by the manufacturer`s authorized dealer during the Lemon Law Rights Period
- you sent written notification (preferably by certified mail, return receipt requested) to the manufacturer (not the dealer) of the nonconformity during the Lemon Law Rights Period*
- you gave the manufacturer or its authorized dealer a reasonable opportunity to repair the nonconformity during the Lemon Law Rights Period
- you filed a request for arbitration with the State Certified Arbitration Program within one year after the Lemon Law Rights Period expired
* If you did not receive a Lemon Law Statement of Rights from the dealership when you purchased the vehicle, you are not required to write to the manufacturer although it is a good idea to do so anyway. If you did not receive a Lemon Law Statement of Rights, include that information when you submit your paperwork for arbitration.
