Lemon laws have been enacted at the federal level as well as the state level. Every state has lemon laws although they vary somewhat one state to another. If you purchase a new car and you have good reason to believe it classifies as a lemon under your state laws, how do you go about getting rid of it?
Once your new car has been deemed to be a lemon under the laws of your state, you are entitled to compensation. You can either elect a replacement vehicle which is substantially identical to the lemon or you can demand that the manufacturer repurchase it. In order to eliminate the potential of anyone just simply returning their car and saying it is a lemon, there are a number of steps that must be taken to prove the allegation.
* Records: Without records to support your claim you will find it very difficult to get anywhere. When your car is deemed a lemon and you want compensation or a new car you are entering a legal process; like any process involving the law, make sure you are well prepared. Keep all the records that pertain to your car; keep all repair documentation, note the dates of when the car was taken in to the shop and when it came back and all correspondence you may have had with the dealer or manufacturer. The more information and supporting date you have the better your chances are of winning your case.
* Manufacturer notification: The first action that you must take as the owner is to notify the manufacturer via certified or registered mail that your car has a problem and you believe it is a lemon.
* Arbitration: Every automobile manufacturer has established their own arbitration process which they use to settle claims. Depending on the manufacturer, they may choose their own process, however, if the company allows you to make the choice always go with the state agency, not the manufacturer.
* Present your case: Present your case to the arbitrator, he or she has sixty days in which to review the claim and make a decision. If the arbitrator sides with you and agrees that the car you purchased qualifies as a lemon under your states lemon laws then you are entitled to financial retribution.
In the event the arbitrator rules in favor of the manufacturer but you are of the opinion that your car is truly a lemon you have the right to appeal to the court.
The lemon laws of your state specify the actions that must be taken by you to get financial retribution. If the decision does not favor you but you feel the decision was wrong, you are invited to contact Krohn & Moss Consumer Law Center for assistance in taking action in the courts.Visit yourlemonlawrights.com for more details.
