Free District of Columbia Lemon Law FAQs | Free District of Columbia Lemon Law Legal Documents

What Are My Options For Action Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

If the manufacturer does not repair the defect, or if the repairs are unsuccessful, you have the following options:

Arbitration :

Staterun arbitration: In order for you to seek a refund or replacement under the Lemon Law, AND before you may file a lawsuit against the manufacturer using the Lemon Law, you must use the state`s informal dispute settlement procedure, by taking the following steps:
Contact the Department of Consumer and Regulatory Affairs to receive a claim form, which you need to complete and return to the Board of Consumer Claims Arbitration.
Within 5 days of receipt of your claim, the Board will notify you as to whether or not your claim qualifies for arbitration. If it does, they will also notify the manufacturer at this time.
The Board will then appoint a time and place for your hearing—usually within 60 days of receipt of your claim. They will notify you of this date no less than five days ahead of time.
Although less formal than a court hearing, at the arbitration hearing you and the manufacturer will be able to present oral and written testimony, witnesses, and other evidence, as well as to crossexamine the opposing sides` witnesses. Both sides are entitled to be represented by attorneys.
After the Board`s decision on your case, either side does have the right to petition for an appeal.
Manufacturrsponsored Arbitration: You can find out if the manufacturer of your vehicle sponsors an arbitration program by reading the information accompanying your warranties or by asking your dealer for information.

Court Action: If the state Board of Consumer Claims Arbitration rejects your case for arbitration, or if you reject the decision of the state or manufacturersponsored arbitration programs, your other option is going to court. If you do seek court action, you should consult an attorney.

What Are The Possible Outcomes?

Tue, 29 May 2007 21:19:00 GMT

If it is decided that your vehicle is a lemon, you may choose between receiving either a refund or a comparable replacement vehicle.

In the case of a refund, the manufacturer is entitled to deduct a reasonable allowance for vehicle use, which is computed based on the number of miles driven beyond 12,000 miles, and which cannot exceed ten cents per mile. The manufacturer may also deduct an allowance for any damage not attributable to normal wear or to the defect in question.

After this deduction, you are entitled to receive all sales taxes, license and registration fees, and any similar governmental charges, as well as the refund of the purchase or lease price.

In addition to a refund or replacement, you may be able to receive attorneys fees (if applicable) and any relief available under any other law. If in a staterun arbitration settlement—the decision is against the manufacturer, the latter may be obligated to pay the costs of arbitration.

If the following conditions prevail, you are not eligible for legal remedy under the Lemon Law:

The manufacturer proves that it has not had a reasonable opportunity to repair your car. For example, if was proven that the number of repair attempts was not reasonable because you did not follow the terms of the warranty or some event (such as a labor strike, war, or natural disaster) prevented timely repairs, the Lemon Law will not help you.
The manufacturer proves that no problem exists or that the problem does not substantially impair the vehicle`s use, value, or safety.
If the defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident.

What Do I Need To Do Before I Can Claim That My Car Is A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

If you have taken the car in for at least four repair attempts for the same defect, and the defect continues to exist;
Or, if the car has been out of service for a cumulative total of 30 or more calendar days, while being repaired for any number of defects, and the defect continues to exist. The 30day outofservice period may be extended for any amount of time during which repair services are not available to the you because of war, strike, or natural disaster;
Or, if you think the defect is seriously jeopardizing your safety, then as little as one repair attempt may qualify you to use the Washington, D.C. Lemon Law.

By certified mail, return receipt requested, you must provide written notification of the defect to the manufacturer or authorized dealer. You should include the following information: your name, address, and contact information; a description of the defect and all attempts to correct the defect; a description of the vehicle, including year, make, and model; and a request for the manufacturer to replace or repurchase the vehicle.

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 Is The Lemon Law Term Of Protection?

Tue, 29 May 2007 21:19:00 GMT

The term of protection is for the first two years from the date of delivery to the original purchaser, or the first 18,000 miles of operation, whichever occurs first.

What Types Of Defects Are Covered?

Tue, 29 May 2007 21:19:00 GMT

It covers defects that substantially impair the operation, safety, performance, or value of the vehicle, that are not the result of your abuse, neglect, or unauthorized modifications or alterations to the vehicle.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

This law covers passenger vehicles that were sold or registered in the District of Columbia, and that have a primary purpose of transporting a driver and one or more passengers on streets, roads, or highways.

The law does not cover buses sold for public transportation, motorcycles, motor homes, and motorized recreational vehicles.

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

Any vehicle sold or registered that is designed for transporting persons. Excludes buses, motorcycles, motor homes and recreational vehicles.

4 repair attempts or 30 days out of service.

2 years 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 About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

District of Columbia Department of Consumer and Regulatory Affairs
614 H Street, NW
Washington, DC 20001
(202) 7277120
www.dcra.org

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Sun, 29 Nov 2009 00:58:39 GMT

Free Lemon Law Attorney FAQs