MyLemonLawCenter Provides Lemon Law Help Nationwide. Auto Recalls, Repurchases for New & Used Cars

Arbitration: Arbitration refers to a somewhat simple legal process which the buyer has the option of using to resolve a lemon law case. While an arbitrator’s decision will not bind the consumer from a legal standpoint, it does become binding for the manufacturer. You’ll want to give some thought to this tool, though, as the manufacturer has the ability to use this decision against a consumer in some future proceeding and it would be just as strong as if the decision had been handed down by a court of law, whether the arbitrator had any legal or automotive expertise to start with. However, be aware arbitration is not considered a prerequisite in California to file a lawsuit against manufacturers, or filing a lemon law claim. You’ll want to ask yourself the question, “Who will be paying for this arbitration?”, before you make that choice.

Demand Letter To Manufacturer: This is a demand in writing to the manufacturer describing the vehicle and whatever defects there are, as well as what efforts have been made to get a repair facility, authorized by the manufacturer, to correct these problems.

Express Warranty: This is a written warranty the manufacturer of a new motor vehicle issues. Certain provisions and promises are included in the express warranty in relation to the condition of the vehicle, fitness to be used, and what repairs the manufacturer is responsible for.

Incidental Charges: This refers to whatever acceptable costs the buyer is facing as a direct result of the defects on the vehicle. Some potential charges could be car rentals, towing charges, and other “out of pocket” expenses, but what’s not covered is a loss of income or use, and any personal injury claims.

Lemon Laws: Most states have Lemon Laws which stipulate a new car (note: in California this applies to used vehicles if they were purchased and the manufacturer’s original new car warranty was still in effect) can be returned for a refund or replacement from the manufacturer if it’s discovered there are substantial manufacturing defects related to value, safety, or usability issues that haven’t been repaired after a reasonable number of efforts (California allows two if the issue is related to safety, other issues allow four attempts) by whatever authorized repair shop of the manufacturer, or if the vehicle has already been unavailable at an authorized repair facility for longer than 30 days in the first 18 months or 18,000 miles.

Magnuson Moss Warranty Act: This is a Federal Act consisting of a group of laws supporting legal rights for the consumer.

Mediation: This is an informal procedure for the resolution of any disputes. You do not have to employ a lawyer to represent you, or go through any court system. A much more flexible procedure, mediation allows for a lot more creative settlements. Both of the parties have to agree to the process of resolution, but you may discover it’s not that effective for achieving an agreement from the manufacturer for a refund or even a replacement vehicle.

Reasonable Number Of Repair Attempts: In most states the law defines, and counts “repair attempts” as the times you have taken your vehicle to the manufacturer’s authorized repair shop, without regard to whether then dealer than makes any attempt to verify the problem or fix it. California considers just two attempts (if unsuccessful) at repairing a safety related problem as “reasonable,” though with defects considered non-safety related four (4) or more unsuccessful attempts are required when it’s a substantial defect to established a reasonable amount of effort was made, or the vehicle has been out of service for 30 days for ANY combination of needed repairs happening in 18 months or 18,000 miles since first delivery date.

Repair Order: This is most often the final document that will be prepared by the a service department’s cashier when all the work on your vehicle has been completed. Be sure to keep this document for your personal record as it’s often more detailed than your original work order.

Replacement Vehicle: Consumers in California have the option of accepting a vehicle that’s usually the same year, model, and with identical accessories, or accepting a reimbursement of the money they paid to start with. Our recommendation to clients, in just about every case, is to take the reimbursement and then use it to lease or buy another vehicle of their choice.

Safety Defect or Safety Non Conformity: This refers to any type of manufacturing defect which has potential of creating a malfunction that could be life threatening. Examples of these defects that are safety related are failures of either the brake or steering system.

Service Contracts (aka Extended Warranties): Most extended warranties or service contracts are considered to be basic insurance policies. The consumer is paying an additional amount to a seller or third party for protection against any defects that are not automatically covered by the implied or express warranties of the manufacturer. Be aware, though, that these contracts are NOT the same as manufacturers warranties, and they will not apply to, or extend any of your rights, under California’s Lemon Law statues. While a there is no requirement for a manufacturer to reimburse the buyer for these contracts, it may be able to cancel it if you should sell your vehicle, and you can recover some, or all, of the premium from the contract seller.

Substantial Non Conformity: This refers to any manufacturing defect that will seriously impair the use, safety, or the value of a vehicle. The decision of how substantial a defect might be is up to a judge, arbitrator, or jury, however, cosmetic problems or minor defects will not be considered that serious or substantial.

The Uniform Commercial Code (UCC): The Uniform Commercial Code is a collective of state warranty laws which, in addition to all your rights under the federal Magnuson Moss Warranty Act and your state Lemon Laws, can be used when you’re dealing with either the manufacturer or dealer in limited circumstances.

TSB (Technical Service Bulletin): This is a bulletin manufacturers regularly issue to their dealers and service departments that alert them to a problem that’s being commonly found in vehicles that are the same type and make. Be sure to ask the service tech, when you first bring your vehicle in for repairs, it they have received any TSB’s from the manufacturer that relate to your vehicle’s problem or a similar one.

VIN (Vehicle Identification Number): This number is from the manufacturer and will be stamped on your vehicle’s door and listed on the title. This number should also be noted on each and every repair order.

Work Order: This is the first document you’ll receive from either the technical or service rep for the dealership when you bring the vehicle in to be repaired. Always make sure you check your work order to be sure of the date, odometer mileage, and most importantly, the problems you’re having with the vehicle are described correctly.