| | Procedures to follow for your Lemon
From the Rep
Try to follow these procedures to resolve a problem with your vehicle..
- First try to resolve things with the dealer.. if you aren't happy with your service advisor ask to see the service manager. Keep in mind it's in the dealers best interest to fix your car.. the manufacturer doesn't fix 'em the dealer does.
- If you are getting no where with the service manager, ask to see the General Manager or Owner.
- Ask if the dealer, on your behalf, to contact his rep. If you are being reasonable and civil about your problem, having the dealer act as your advocate will pay dividends. The dealers knows how to "talk" to the factory better than the customer.
- Call the manufacturers Customer Relations department if these don't work. Have your Vehicle Identification number handy (VIN) and your documentations handy.
- Every manufacturer has some type of arbitration process or dispuit resolution board. You should have received information on this in your owners packet when you got the car. If not, ask for a copy of this. Follow directions on this and file. In some states it is REQUIRED that you go through this step FIRST before trying out the states Lemon Law. If your state allows customers to make personal statements before the board, take the time to do this.. you stand a better chance of winning.
- If all of this fails and you still think you have a lemon, contact an attorney WHO IS FAMILIAR in this law.
GENERAL LEMON LAW CRITERIA
- Every state has their owner lemon law standards.. what I give you here is general criteria.
- If you have 3 or 4 (depends on the state) repair attempts for the same non-conformity and that non-conformity still exsists, you may qualify.
- The first non-conformity has to present itself within the first 18 months or 18,000 miles. This may vary state to state.
- A non-conformity is generally defined as something that severely affects the safety, use or resale value of the vehicle. Now this can be a gray area... Say.. brakes that have failed 4 times certainly apply, but let's say you have a door trim panel fall off 4 times.. I doubt this qualifies.
- Remedies vary.. you can get repurchase of your vehicle including attorney fees. There is usually a mileage charge and a formula set by the state. I.E. a $20,000 car would be charged $.20/mile. You can get a replacement vehicle .. with applicable mileage charges and/or only pay the MSRP difference between old and new vehicle.
OPINIONS expressed here are mine and represent my opinion only. You are NOT obtaining legal advice. If you feel you need a legal opinion, seek out a qualified attorney.
Last Modified 01/17/2006 |
