Am I Required To Go Through Arbitration Before Pursuing A Lemon Law Claim?

Tue, 29 May 2007 21:19:00 GMT

No. The California Lemon Law does not require the consumer to participate in arbitration that may be offered by the vehicle manufacturer in order to pursue a Lemon Law claim.

Am I Required To Notify The Vehicle Manufacturer And Give Them A Opportunity To Repair A Problem Before Pursuing A Lemon Law Cla

Tue, 29 May 2007 21:19:00 GMT

No. So long as the manufacturer`s authorized warranty repair facility has had a reasonable number of opportunities to repair a warranty problem, the manufacturer need not be given notice or a opportunity to repair the problem.

California Certified Arbitration Programs

Tue, 29 May 2007 21:19:00 GMT

In California, some manufactureres voluntarily seek certification of their arbitration programs from the Department of Consumer Affairs Arbitration Review Program.

These statecertified arbitration programs hear and render decisions about consumers warranty problems with their vehicles. The Arbitration Review Program monitors these programs for compliance with state and federal laws and investigates consumer complaints about their operations. The Arbitration Review program does not review programs decisions

Certified Arbitration Program

Council of Better Business Bureaus, Inc.
``Auto Line.
4200 Wilson Boulevard, Suite 800.
Arlington, Virginia 22203.
18009555100.

Manufacturers Represented: Alfa Romeo, General Motors (includes Buick, Cadillac, Chevrolet, GMC, GEO, Pontiac, Oldsmobile), Honda (includes Acura), Hyundai, Isuzu, Kia, Maserati, Nissan (includes, Infinity), Peugeot, Porsche, Sterling, Land Rover (includes Range Rover), Rolls Royce (includes Bentley), Saab, Saturn, Volkswagen (includes Audi).

Chrysler Customer Arbitration Board(Northern California).
P. O. Box 280400.
San Francisco, CA 94128.
(Southern California).
P. O. box 885.
La Mirada, CA 90637.
18002795343.

Manufacturers Represented: Chrysler (includes Dodge, Eagle, Jeep, Plymouth)

Dispute Settlement board.
(formerly ford Consumer Appeals board.
P. O. Box 5120.
Southfield, Michigan 480865120.
18006882429.

Manufacturers Represented: Ford (includes Lincoln, Mercury, Merkur)

Please Note: Manufactureres that do not have arbitration programs include: AM General (Hummer), BMW, Daihatsu, Ferrari, Jaguar, Lexus, Lotus, Mazda, Mercedes Benz, Mitsubishi, Subaru, Suzuki, Toyota, Volvo, Yugo. Please check your owner`s manual to find out if your vehicle`s manufacturer offers an arbitration program.

Does The Lemon Law Apply Only To Passenger Cars?

Tue, 29 May 2007 21:19:00 GMT

No. The Lemon Law applies not only to passenger cars, but also to trucks, SUV`s, vans, motorcycles, and all consumer goods that are covered by a manufacturers warranty and are used primarily for personal, family or household use.

Does The Lemon Law Apply To Minor Defects, Or Only Significant Defects?

Mon, 04 Jun 2007 21:51:22 GMT

The SongBeverly Act applies to defects which constitute a substantial impairment to the use, value or safety of the vehicle to the owner or lessee. Therefore, inconveniences (static or poor reception in the radio, for example) normally do not make a Lemon Law claim. Serious problems with brakes, transmission, engine function, SRS/airbag, inoperable air conditioning, persistent water leaking, engine oil or transmission oil leaks, overheating, CHECK ENGINE, to cite a few, are examples of Lemon Law impairment to use, value, or safety of the vehicle. There are other federal laws that further expand on what is considered to be a defect that constitutes replacement of purchase price or a refund of monies spent.

Does The Lemon Law Apply To Vehicle That Have In Excess Of 12,000 Miles, Or 12 Months?

Tue, 29 May 2007 21:19:00 GMT

Yes. As long as the vehicle is having warranty problems, the Lemon Law may apply no matter what the odometer reading is on the vehicle.

Does The Lemon Law Apply To Vehicles That Are Older Than One Or Two Years?

Tue, 29 May 2007 21:19:00 GMT

Yes. As long as the vehicle is having warranty problems, the Lemon Law potentially can apply no matter hold old the vehicle is. The Lemon Law may also apply to a vehicle even if the original new vehicle warranty has expired so long as the vehicle is still having problems complained about on repair orders during the original warranty period.

Does The Lemon Law Apply To Vehicles That Are Purchased Used?

Tue, 29 May 2007 21:19:00 GMT

Yes. The Lemon Law can apply to a used vehicle. The vehicle must be covered by a warranty.

How Do I Prepare For Arbitration?

Tue, 29 May 2007 21:19:00 GMT

Gather Information:
Contact the manufacturer and request any technical service bulletins that might relate to your vehicle problem. Contact the National Highway Traffic Safety Administration, 400 Seventh St. S.W. Washington, D.C. 20590 Auto Safety Hotline at (800) 4249393 for any safety recall information. Find out if there have been similar problems reported that indicate a pattern of problems with your model vehicle.

You may also contact Autofax at (800) 7774481 for information on problems inherent to your vehicle. Autofax sells two types of reports (currently $20 each): 1) summaries of recalls and manufacturer service bulletins; and 2) summaries of consumer complaints directed to the National Highway Traffic Safety Administration.To help validate the problem, especially if it is intermittent, submit singed statements or affidavits from certified mechanics and individuals who have ridden in your vehicle and experienced the problem (for example, family or carpool members).

Organize paperwork:
Record and summarize warranty repairs in chronological order. Focus on recurring problem(s) that affect the sue, value or safety of the vehicle. Do not list service orders which reflect only scheduled maintenance work.Make copies of the purchase order and finance/lease agreement, all repair and service orders, correspondence between you and the dealer or manufacturer, and any other documents such as signed statements that might help support your case. Do not use a highlighter pen on repair orders because it will blacken highlighted information when repair orders are copied.

Apply for arbitration:
Fill out and file an arbitration application, clearly stating what the problem is and what result you seek from arbitration. You may find an application in the materials inside your glove box or obtain one by calling the appropriate arbitration program.

Practice your presentation:
If you have an oral hearing, organize and write down the main points of your argument, emphasizing those problems which substantially reduce the use, value or safety of the vehicle. Minor adjustments are necessary to most new vehicles and mentioning insignificant problems will divert attention from your main concerns. Rehearse your presentation.

Remember that arbitrators, in reaching a decision, generally consider only those problems which have not been repaired. If the manufacturer has repaired some problems so that the vehicle conforms to the terms of the warranty, the arbitrators generally will not grant an award to the buyer for such concerns. Accordingly, focus on those problems which the dealer or manufacturer has not satisfactorily repaired and state clearly what relief you seek from the arbitrators.

Is There A Specific Number Of Repair Attempts That Must Be Completed In Order To Have A Valid Lemon Law Claim?

Tue, 29 May 2007 21:19:00 GMT

No. There must be a reasonable number of repair attempts. The definition of what constitutes a reasonable number of repair attempts will vary given the vehicles particular problem(s). In general, if a problem has been subject to at least four separate repair attempts at the manufacturers authorized repair facility, or has spent more than 30 days cumulative in the shop, this is sufficient to establish a reasonable number.

What Am I Entitled To Under The California Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

If you financed or leased your vehicle, you are entitled to get back your down payment (or lease inception fee), government fees, tradein equity, license fees and all the monthly payments you have made up to the date of settlement. You may also be entitled to towing reimbursement, as well as rental car expenses you personally paid during your warranty repair visits. The manufacturer pays off the existing loan (or lease), you turn the vehicle back in to the car dealership, and you get your Lemon Law refund check. This is known as a vehicle repurchase. In certain circumstances you may also elect to take a replacement vehicle in lieu of a repurchase. This is known as an exchange of collateral. Your loan remains the same, and you simply swap your present vehicle for a new one with the same equipment. Leased vehicles are treated in the same way.

In any Lemon Law action, the manufacturer is entitled to an offset for mileage based on the odometer reading at the first time you had your vehicle repaired for a recurring problem. There is a specific formula for calculating this offset, which you can discuss with your attorney.

What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

You still may be able to invoke the Lemon Law as long as you can justify that the number of repair attempts or days out of service you encountered were unreasonable.

You may also have other rights under other state and federal laws, such as the following: the federal MagnusonMoss Warranty Act, the Uniform Commercial Code (UCC), your service contract or extended warranty, secret warranties, implied warranties, express warranties, unfair and deceptive acts and practices (UDAP), or strict liability and negligence. Consult an attorney, the South Dakota Office of the Attorney General, or the Center for Auto Safety to determine which remedy would be best for your situation.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

A new motor vehicle that is used or bought for use primarily for personal, family, or household purposes. Includes the chassis portion of motor homes.

2 repair attempts for a defect that might cause death or serious injury or 4 repair attempts or 30 calendar days out of service.

18 months or 18,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information?

Tue, 29 May 2007 21:19:00 GMT

Information on California`s Lemon Law and Arbitration
Contact: Department of Consumer Affairs, Arbitration Review Program, 400 R. St. Sacramento, CA 95814
(916) 3233406 or (800) 9525210

Manufacturer`s or Dealer`s Failure to Honor the Warranty, Extended Warranty, or Service Contract
Contact: Manufacturer or dealer, by certified mail (check the owner`s manual for manufacturer`s address); Local Department of Motor Vehicles (DMV); Bureau of Investigations (check the white pages of your telephone book); New Motor Vehicle Board, 1507 21st St., Suite 330, Sacramento, CA 95814; Local county Consumer Affairs office (check the white pages of your telephone book)

Dissatisfaction with Nonwarranty Repairs or Dispute Over Repair Invoice
Contact: The Department of Consumer Affairs at (800) 9525210.

Fraud or Other Questionable Conduct
Contact: The New Motor Vehicle Board (see earlier reference); The DMV Bureau of Investigations (see earlier reference); the Local District Attorney`s Office; Office of the Attorney General, public Inquiry Unit, 1515 K. St. Sacramento, CA 95814. (916) 3223360 or (800) 9525225.

Register a Safety Complaint or Obtain Recall Information
Contact: National Highway Traffic Safety Administration, 400 Seventh St., S. W. Washington D. C. 20590
Auto Safety Hotline (8004249393)
Center for Auto Safety, 2001 S. St, N. W. Suite 420, Washington, D. C. 20009 (202) 3287700

California Lawyer Who Specializes in Lemon Law and Warranty Disputes
Check the white pages of your telephone book for your local county bar association lawyer referral service.

Other Lemon Law Information
Contact: Consumers for Auto Reliability and Safety (CARS), 1500 W. El Camino Ave. Suite 419, Sacramento, CA 958331945 (916) 7599440

Service Contracts
Contact: State Department of Insurance, 770 L. St. Sacramento, CA 95814 (800) 9274357

Free Lemon Law Attorney FAQs

Thu, 26 Nov 2009 14:48:49 GMT

Free Lemon Law Attorney FAQs