Filing A Lemon Law Claim
Some states have an Arbitration Board, whose role is to resolve
disputes of certain types.
If the state, in which your purchase applies has such a board,
you must first present your case tot he Arbitration Board. An attorney
is not required.
If you are not satisfied with the outcome of this procedure, you
may then apply to sue in a Court of Law. This will require the services
of an attorney.
Your Lemon Law claim is against the Manufacturer of the item, not
the Dealer or person from whom you purchased the item.
Before You File A Lemon Law Claim
Before you attempt to claim a refund or replacement under Lemon
Law, you must give written notice by certified mail to the manufacturer
and its dealer or repairing agent.
This notice must be sent within sixty days after the express warranty
ends, or within sixty days after the one-year period from the date
the motor vehicle was delivered to the original owner, whichever
occurs first.
The notice must contain:
- Your name, address and, if possible, a daytime phone number.
- A description of the vehicle - year, make, and model
- The VIN [vehicle identification number]. This number can be
found on the vehicle registration [serial number] and is located
on the tag behind the driver’s side of your windshield
- That the vehicle has a nonconformity
- A reasonable description of the nonconformity
- That the manufacturer, distributor, dealer, or repairing agent
has made a reasonable number of attempts to repair the vehicle
- That you demand a refund or replacement vehicle to be delivered
on the 60th day after the mailing of the written notice.
Lemon Law Claim Legal Fees
Both Federal Lemon Law and most State Lemon Laws provide for the
payment of the claimants attorney fees and court costs if successful.
Lemon Law Claim Compensation
Lemon Law compensation may include a refund, replacement or cash
compensation.
If you choose a refund over a replacement, the refund will not
include any accrued finance charges.
The manufacturer may also deduct an allowance for your use of the
vehicle and for excess depreciation due to damage, neglect or abuse.
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