There’s this common thinking that when consumers are at the receiving end of a defective and an underperforming vehicle or a lemon, then they can immediately go to the courts. Though this move can be done, it should be remembered that this is not an immediate recommendation if you have a lemon case. The federal law calls for other avenues that should be exhausted before you can call on the lawyers and file a case. Remember, there is no shortcut in getting what is due to you when it comes to ‘lemons’. There are appropriate steps that should be taken, and we list these essential steps:
1. One preparatory thing to do is to document the case. If you notice that you have a lemon in your hands then you need to make a letter and send this to the manufacturer. The letter should outline the issues and the problems encountered by the vehicle. Use the document to ask the manufacturer if they can buy back the car because you found out that this is a lemon. When sending letters, make sure that a return receipt is available for documentation purposes. The manufacturer may provide a call center number, toll-free but don’t rely on this. Put all complaints into writing in order to get better results.
2. Once you sent the mail, there is a chance that the manufacturer will buy back the vehicle in question. But this happens rarely. And if in case your demands fall on deaf ears, then that is the time that you may need to get the services of a lawyer that specializes in lemon law litigation. Another option is to undergo arbitration, but the problem during arbitration is that the manufacturer takes the opportunity to plead and be given the chance to repair the vehicle a few more times.
3. Speaking of the arbitration program, make sure that you check if the manufacturer offers this kind of service. This is often included in the service warranty provided for you. If you think that arbitration is for you and the company offers this alternative, then all the company to ask for an application form and signify your intent to join the proceedings.
4. Before attending the arbitration process, you must collect all related documents that may prove helpful in the settlement of the case. Some important documents that should be collected include the warranty copy, the repair orders and the report detailing the inspections made on the vehicle. Make multiple copies of these documents, and retain one set of copies for your reference. In most arbitration program, you will be scheduled within the next 40 days. Once the meeting has been scheduled, make sure that you attend this. There’s a chance that you may not accept the final decision. When this happens to you, remember that you have other options and these come in the courts of law.
5. The fling of the case should be your last resort. You may need to hire the services of a lawyer that will serve as your representation. The good thing about filing a case is that once you win, your expenses related to filing a case will be reimbursed including of course the possibility of getting a replacement or a refund.
Getting your due in the industry means planning your course of actions. Don’t just jump into one move; plan your actions in order to get the best out of the ‘Lemon Law’.