|
If you live in California and find yourself the unfortunate owner
of a lemon, you can start keeping records for your own protection.
-
To document your case, write a letter to the manufacturer outlining
the problems you've had with the vehicle. Ask if they'd be willing to buy back your car because it is a lemon. Send the letter
by certified mail, return receipt requested, to the
address published in your vehicle's owner's manual. Manufacturers are required to provide the address clearly
in all new owner's manuals. Even if the manufacturer
has a customer service number, don't waste time by calling, because a
letter is required to document your case.
-
The manufacturer may decide to voluntarily buy your lemon back
without any further action on your part. If the manufacturer gives you
a hard time about buying back the lemon vehicle, you can hire an
attorney or use the manufacturer's arbitration program, if it has one.
Feel free to contact California lemon lawyer Michael
Saunders for a free consultation.
-
Gather all documents that can help prove your case—your warranty,
repair orders, reports of inspections and technical service bulletins.
Make copies and submit them to your lawyer or the arbitration panel.
The arbitration program must give you a hearing date withing 40
days. It is a good idea to go to the hearing to present your side. You
may accept or reject the program's decision. If you accept, the
manufacturer is bound by the decision and has 30 days to comply. There
is no appeal process for the manufacturer. Don't be discouraged if you
lose in arbitration—you can go to court to sue for a replacement or
refund and most Lemon Law cases are settled in the consumer's favor.
-
If the manufacturer does not have a certified arbitration program,
or you prefer to pursue your Lemon Law rights in court, you can file a
lawsuit. In this case, you will need to hire an attorney. If you win,
you are entitled to be reimbursed for your attorney's fees, however
many attorneys work on a "contingency" basis, which means
you don't have to pay your legal fees up front. It is best to hire an
attorney who is familiar with Lemon Law disputes or consumer warranty
law, as well as one who represents only consumer—not auto
company—interests. Michael Saunders, Esq. exclusively practices
California lemon law.
-
1-888-80-LEMON for
your free consultation
|