is a dispute resolution process by which warranty disputes
between manufacturers and consumers are resolved by auto
manufacturer paid-for arbitrators. Some of the
disadvantages of arbitration are:
consumers are not required to use arbitration to dispute a
defective vehicle. Consumers can instead use a
consumer protection lemon law attorney without first
vehicles that are within the manufacturers factory warranty
can be heard in arbitration, though out-of-warranty vehicles
can have the same lemon law rights as those consumers
who’s vehicle’s are still under factory warrantie(s).
cases are not heard by judges or SAE Certified and trained
automotive mechanical experts.
can be a lengthy process, with the arbitrators
“decision” being nothing more than offering the
manufacturer an additional repair attempt as the
“reasonable solution” to the dispute, thus wasting the
are binding on the manufacturer, but not the consumer.
The consumer can accept or reject the decision; though all
decisions/arbitration proceedings/information can be used by
the manufacturer in later legal proceedings should the
consumer wish to sue the automobile manufacturer via an
automobile manufacturer can make a “buyback offer that
does not accurately reflect the “mileage offset” usage
charge, and potentially affect your refund by hundreds or
thousands of dollars (less).
to take if you think you have a lemon.
with a qualified lemon law attorney.
accurate records of your warranty repair visits to the
authorized automobile dealership(s).
you had previously contacted the automobile manufacturer
regarding your vehicle, and were given a “case number”
or equivalent, keep copies/notes on all written or verbal
correspondence, including name(s), dates, and content of
may pursue a California lemon law case if you feel that you meet
the following requirements:
vehicle was originally sold or leased by an automobile
dealership in California, with the vehicle registered in this
state. (Active Military personnel are under different rules due
to a recent legislative change in the law)
- The specific problem
is covered by the manufacturer's warranty. This can be a “new
care warranty’, or a “Certified Used Car Warranty” (disputes
over repairs performed under “extended warranties” and
service contracts are not applicable to California lemon
- Your vehicle has been
subject to an unreasonable number of warranty repair visits to
the dealer for the same issue, or has spent too many days in the
dealers shop for warranty repairs;
- The problem
substantially impairs the use, value, or safety of the vehicle
to a reasonable person in the buyers position;
- The problem has not
been satisfactorily repaired; and
you live in a state other than California?
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California, state, lemon, law, statute, consumer, warranty, automobile, arbitration