Hawaii Lemon Law Firms and the Hawaii lemon law code.

Hawaii Revised Statutes §§481I-1 to 481I-4

481I-1 Legislative intent.

The legislature recognizes that a motor vehicle is a major consumer purchase and that a defective motor vehicle creates a hardship for the consumer. The legislature further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the legislature that a good faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the legislature to provide statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which is not brought into conformity with the applicable express warranties, as provided in this chapter. Finally, it is the intent of the legislature to ensure that consumers are made aware of their rights under this chapter and are not refused the information, documents, or service necessary to exercise their rights.

Nothing in this chapter shall in any way limit or expand the rights or remedies which are otherwise available to a consumer under any other law.

481I-2 Definitions.

When used in this section unless the context otherwise requires:

"Business day" means any day during which the service departments of authorized dealers of the manufacturer of the motor vehicle are normally open for business.

"Collateral charges" means those additional charges to a consumer wholly incurred as a result of the acquisition of the motor vehicle. For the purposes of this chapter, collateral charges include, but are not limited to, manufacturer-installed or agent-installed items, general excise tax, license and registration fees, title charges, and similar government charges.

"Consumer" means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of the express warranty applicable to the motor vehicle, and any other person entitled to enforce the obligations of the express warranty.

"Express warranty" means any written warranty issued by the manufacturer, or any affirmation of fact or promise made by the manufacturer, excluding statements made by the dealer, in connection with the sale or lease of a motor vehicle to a consumer, which relates to the nature of the material or workmanship and affirms or promises that the motor vehicle shall conform to the affirmation, promise, or description or that the material or workmanship is free of defects or will meet a specified level of performance.

"Incidental charges" means those reasonable costs incurred by the consumer, including, but not limited to, towing charges and the costs of obtaining alternative transportation which are directly caused by the nonconformity or nonconformities which are the subject of the claim, but shall not include loss of use, loss of income, or personal injury claims.

"Lemon law rights period" means the term of the manufacturer's express warranty, the period ending two years after the date of the original delivery of a motor vehicle to a consumer, or the first 24,000 miles of operation, whichever occurs first.

"Lessee" means any consumer who leases a motor vehicle for one year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such motor vehicle, or any consumer who leases a motor vehicle pursuant to a lease-purchase agreement.

"Motor vehicle" means a self-propelled vehicle primarily designed for the transportation of persons or property over public streets and highways which is used primarily for personal, family, or household purposes. For purposes of this definition, a "motor vehicle" also includes a "demonstrator", which means a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model or type, but does not include mopeds, motorcycles, or motor scooters, as those terms are defined in chapter 286, or vehicles over 10,000 pounds, gross vehicle weight rating. For purposes of this definition, a "motor vehicle" also includes (1) an individually registered vehicle used for an individual's business purposes and for personal, family, or household purposes; and (2) a vehicle owned or leased by a sole proprietorship, corporation or partnership which has purchased or leased no more than one vehicle per year, used for household, individual, or personal use in addition to business use.

"Nonconformity" means a defect, malfunction, or condition that fails to conform to the motor vehicle's applicable express warranty and that substantially impairs the use, market value, or safety of a motor vehicle, but does not include a defect, malfunction, or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer, its agent, distributor, or authorized dealer.

"Purchase price" means the cash price appearing in the sales agreement or contract and paid for the motor vehicle, including any net allowance for a trade-in vehicle. Where the consumer is a second or subsequent purchaser and the arbitration award is for a refund of the motor vehicle, "purchase price" means the purchase price of the second or subsequent purchase not to exceed the purchase price paid by the original purchaser.

"Reasonable offset" for use means the number of miles attributable to a consumer up to the date of the third repair attempt of the same nonconformity which is the subject of the claim, the date of the first repair attempt of a nonconformity that is likely to cause death or serious bodily injury, or the date of the thirtieth (30th) cumulative business day when the vehicle is out of service by reason of repair of one or more nonconformities, whichever occurs first. The reasonable offset for use shall be equal to one percent of the purchase price for every thousand miles of use.

"Replacement motor vehicle" means a motor vehicle which is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of original acquisition, including any service contract, undercoating, rust proofing, and factory or dealer installed options. A reasonable offset shall be made for the use of the motor vehicle and an additional offset may be made for loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, unless the damage resulted from the nonconformity.

"Substantially impairs" means to render the motor vehicle unfit, unreliable, or unsafe for warranted or normal use, or to significantly diminish the value of the motor vehicle.

481I-3 Motor vehicle: express warranties, return.

(a) If a motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity in writing to the manufacturer, its agent, distributor, or its authorized dealer during the term of the lemon law rights period, then the manufacturer, or, at its option, its agent, distributor, or its authorized dealer, shall make such repairs as are necessary to conform the vehicle to such express warranties, notwithstanding the fact that such repairs are made after the expiration of such term.

(b) If the manufacturer, its agents, distributors, or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use, market value, or safety of the motor vehicle after a reasonable number of documented attempts, then the manufacturer shall provide the consumer with a replacement motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the following: the full purchase price including, but not limited to, charges for undercoating, dealer preparation, transportation and installed options, and all collateral and incidental charges, excluding finance and interest charges, and less a reasonable offset for the consumer's use of the motor vehicle. If either a replacement motor vehicle or a refund is awarded, an "offset" may be made for damage to the vehicle not attributable to normal wear and tear, if unrelated to the nonconformity. Refunds made pursuant to this subsection shall be deemed to be refunds of the sales price and treated as such for purposes of section 237-3. Refunds shall be made to the consumer and lien holder, if any, as their interests may appear on the records of ownership. If applicable, refunds shall be made to the lessor and lessee pursuant to rules adopted by the department of commerce and consumer affairs.

(c) It shall be an affirmative defense to any claim under this section that a nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a motor vehicle by a consumer.

(d) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if, during the lemon law rights period, any of the following occurs:

(1) The same nonconformity has been subject to examination or repair at least three times by the manufacturer, its agents, distributors, or authorized dealers, but such nonconformity continues to exists; or

(2) The nonconformity has been subject to examination or repair at least once by the manufacturer, its agents, distributors, or authorized dealers, but continues to be a nonconformity which is likely to cause death or serious bodily injury if the vehicle is driven; or

(3) The motor vehicle is out of service by reason of repair by the manufacturer, its agents, distributors, or authorized dealers for one or more nonconformities for a cumulative total of thirty or more business days during the lemon law rights period. The term of the lemon law rights period and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood or other natural disaster. The presumptions provided in this subsection shall not apply unless the manufacturer has received a written report of the nonconformity from the consumer and has had a reasonable opportunity to repair the nonconformity alleged. Upon a second notice of the nonconformity, or, if the motor vehicle has been out of service by reason of repair in excess of twenty business days, the dealer shall notify the manufacturer of the nonconformity.

(e) During the lemon law rights period, the manufacturer or its agent, distributor, or authorized dealer shall provide to the consumer, each time the consumer's vehicle is returned from being diagnosed or repaired under the warranty, a fully itemized, legible statement or repair order indicating any diagnosis made and all work performed on the vehicle, including, but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor supplied, the date and the odometer reading when the vehicle was submitted for repair, and the date when the vehicle was made available to the consumer. The consumer shall sign and receive a copy of the statement or repair order.

(f) Upon request from the consumer, the manufacturer, or at its option its agent, distributor, or authorized dealer, shall provide a copy of any report or computer reading regarding inspection, diagnosis, or test-drive of the consumer's motor vehicle, and shall provide a copy of any technical service bulletin related to the nonconformity issued by the manufacturer regarding the year and model of the consumer's motor vehicle as it pertains to any material, feature, component, or the performance thereof. Upon receipt of a consumer's written report of a nonconformity to the manufacturer, the manufacturer or, at its option, its agent, distributor, or authorized dealer, shall inform the consumer of any technical service bulletin or report relating to the nonconformity, and shall advise the consumer of the consumer's right to obtain a copy of such report or technical service bulletin.

(g) The manufacturer, its agent, distributor, or authorized dealer, shall provide the consumer at the time of purchase of the motor vehicle a written notice setting forth the terms of a state certified arbitration program and a statement of the rights of the consumer under this section in plain language, the form of which has been previously reviewed and approved by the department of commerce and consumer affairs for substantial compliance with title 16, Code of Federal Regulations, part 703, as may be modified by the requirements of this chapter. The written notice must specify the requirement that written notification to the manufacturer of the motor vehicle nonconformity is required before the consumer is eligible for a refund or replacement of the motor vehicle. The notice must also include the name and address to which the consumer must send such written notification. The provision of this statement is the direct responsibility of the dealer, as that term is defined in chapter 437.

(h) The consumer shall be required to notify the manufacturer of the nonconformity only if the consumer has received a written notice setting forth the terms of the state certified arbitration program and a statement of the rights of the consumer as set out in subsection (g).

(i) Where the state certified arbitration program is invoked by the consumer of a motor vehicle under express warranties, a decision resolving the dispute shall be rendered within forty-five days after the procedure is invoked. If no decision is rendered within forty-five days as required by this subsection, the dispute shall be submitted to the regulated industries complaints office of the department of commerce and consumer affairs for investigation and hearing. Any decision rendered resolving the dispute shall provide appropriate remedies including, but not limited to, the following:

(1) Provision of a replacement motor vehicle; or

(2) Acceptance of the motor vehicle from the consumer, refund of the full purchase price, and all collateral and incidental charges. The decision shall specify a date for performance and completion of all awarded remedies.

(j) Any action brought under this section must be initiated within one year following expiration of the lemon law rights period.

(k) No vehicle transferred to a dealer or manufacturer by a buyer or a lessee under subsection (b) may be sold or leased by any person unless:

(1) The nature of the defect experienced by the original buyer or lessee is clearly and conspicuously disclosed on a separate document that must be signed by the manufacturer and the purchaser and must be in ten point, capitalized type, in substantially the following form: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE A DEFECT(S) COVERED BY THE MANUFACTURER'S EXPRESS WARRANTY WAS NOT REPAIRED WITHIN A REASONABLE TIME AS PROVIDED BY HAWAII LAW.";

(2) The defect is corrected; and

(3) The manufacturer warrants to the new buyer or lessee, in writing, that if the defect reappears within one year or 12,000 miles after the date of resale, whichever occurs first, it will be corrected at no expense to the consumer.

(l) A violation of subsection (k) shall constitute prima facie evidence of an unfair or deceptive act or practice under chapter 480.

481I-4 Arbitration mechanism.

(a) The department of commerce and consumer affairs shall establish and monitor a state certified arbitration program which is in substantial compliance with title 16, Code of Federal Regulations, part 703, as may be modified by this section, and shall adopt appropriate rules governing its operation.

(b) The director of commerce and consumer affairs may contract with an independent arbitration organization for annual term appointments to screen, hear, and resolve consumer complaints which have been initiated pursuant to section 481I-3. The following criteria shall be considered in evaluating the suitability of independent arbitration mechanisms: capability, objectivity, experience, non-affiliation with manufacturers of or dealers in new motor vehicles, reliability, financial stability, and fee structure.

(c) If a consumer agrees to participate in and be bound by the operation and decision of the state certified arbitration program, then all parties shall also participate in, and be bound by, the operation and decision of the state certified arbitration program. The prevailing party of an arbitration decision made pursuant to this section may be allowed reasonable attorney's fees.

(d) The submission of any dispute to arbitration in which the consumer elects non-binding arbitration shall not limit the right of any party to a subsequent trial de novo upon written demand made upon the opposing party to the arbitration within thirty calendar days after service of the arbitration award, and the award shall not be admissible as evidence at that trial. If the party demanding a trial de novo does not improve its position as a result of the trial by at least twenty-five per cent, then the court shall order that all of the reasonable costs of trial, consultation, and attorney's fees be paid for by the party making the demand. If neither party to a non-binding arbitration demands a trial de novo within thirty days after service of the arbitration award, the arbitrator's decision shall become binding on both parties upon the expiration of the thirty-day period.

(e) Funding of the state certified arbitration program shall be provided through an initial filing fee of $200 to be paid by the manufacturer and $50 to be paid by the consumer upon initiating a case for arbitration under this section. Every final decision in favor of the consumer issued by the independent arbitration mechanism shall include within its relief the return of the $50 filing fee to the consumer. The director of commerce and consumer affairs may establish a trust fund for the purpose of administering fees and costs associated with the state certified arbitration program.

(f) The failure of a manufacturer to timely comply with a binding decision of a state certified arbitration program shall be prima facie evidence of an unfair or deceptive act or practice under chapter 480 unless the manufacturer can prove that it attempted in "good faith" to comply, or that the failure was beyond the manufacturer's control, the result of a written agreement with the consumer, or based on an appeal filed under chapter 658.

Although it varies from state to state, the Lemon Laws state that if you acquire (and in many states, lease) a brand new or pre-owned vehicle or other car covered by a manufacturer's warranty that proves to be defective, and the manufacturer cannot restore it in spite of duplicated tries (inside a designated time that differs from state to state), or if the automobile is not usable for a limited time (often 30 days) due to its troubles, you are entitled to a wide number of maltreats, inclusive of:

1. Money restitution
2. A compensation of the purchase cost
3. A new automobile
Also, almost all of the Lemon Laws (as well as the Federal Warranty Law) contain a fee switching component that provides that if you win your case, the manufacturer or car dealership that sold you your lemon is obliged to pay attorneys' invoices.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the attributes of each state's statute are different, the standard state Lemon Law statute offers aid for consumers with a nonfunctional car purchased with a warranty if:

1. The car dealership or manufacturer cannot properly repair a particular deficiency in the car after a sensible number of repair efforts (usually at least three);
2. The vehicle cannot be used for at least 30 days due to troubles in the vehicle; or
3. The car dealership or manufacturer can't repair a problem that is a crucial safety risk.

Generally, a faulty motor vehicle is a motor vehicle with a defect or affliction that largely impares its usability, marketability, or safety to the consumer and doesn't conform to the written warranty. In most instances, the period of time in which the Lemon Laws apply are rather short; the defects and consequential repair attempts (or out-of-service period of time) often will take place during the first two-years or 24,000 miles that you own the motor vehicle. However, a number of states have even shorter periods. Furthermore, virtually all states have notification and initiation requirements, such as requiring the consumer to send off registered mail notice to the manufacturer of the faults and affording the dealer an option to remedy the vehicle. In addition, many states necessitate that Lemon Law suits be settled through an arbitration system.

Generally, state Lemon Law regulation codes also are applicable to leased automobiles and used automobiles purchased while under the makers written warranty. A lot of state Lemon Laws also are applicable to automobiles other than passenger cars. based upon the buyer's state of residence, or the state where the consumer bought the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer items (such as electronics)
There are a number of significant remedies possible under the Lemon Laws. U.S. statesten times, if the manufacturer cannot repair the vehicle, the consumer may either demand the manufacturer to replace the car, or insist the original maker to take the vehicle and repay the original price paid plus incidental damages, including all fees, towing fees, repair charges, associated travel costs and other damages incurred by the consumer as a consequence of the troubles in the vehicle. Another important relief available under most Lemon Laws is attorneys' fees. In most states, if you win in a Lemon Law suit, you won't have to pay any attorneys' charges-the automobile manufacturing business that sold you your lemon is required to pay for your litigation charges.

The defendant car manufacturer can assert assorted defenses to a Lemon Law claim. The average regulation provides that the original maker is not guilty if it can affirm that the faults at issue were caused by abuse, disregard, or the alteration or tampering of a vehicle by anybody other than the manufacturing business, an agent, or an authorized dealership. Put differently, if the consumer damages his or her own motor vehicle, or the shortcomings were caused by modifications or changes carried out by an unauthorized party, the manufacturing business might not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer merchandise warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer goods to provide consumers with detailed info about warranty coverage benefits. Additionally, it sets both the rights of customers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act does not demand an auto original producer to provide consumers with a warranty, if a warranty is offered, the Magnuson Moss Act extends various protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for breach of warranty by making breach of warranty noncompliance of federal law, and by allowing for purchasers to recoup legal charges and fair attorney's fees.

The Magnuson Moss Act is often beneficial in a lemon lawsuit where, for some reason, a state Lemon Law claim is unavailable or otherwise unfavorable. For example, contrary to the generally short period offered to purchasers with almost all Lemon Laws, you could file a claim for breach of warranty after the warranty period has expired as long as the defects occurred during the warranty time period. Also, although a few Lemon Laws restrict their coverage to a narrow list of vehicles, the Magnuson Moss Act is relevant to almost all consumer items. The Magnuson Moss Act might also be applicable if you purchased or leased a preowned vehicle without a manufacturer's warranty, or if the vehicle is covered by a third party service contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every U.S. state. It is the principal agent of law governing contracts dealing with the sale of products, including motor vehicles and other items. The UCC offers a legal route for customers with lemon troubles.

UCC code states that the buyer of a good is entitled to return merchandise which break in any feature to the contract. Thus, if your new product does not work as endorsed by the original producer (your manufacturer warranty is part of your agreement), you may file a claim citing the UCC in addition to any additional claims you might have.

The time period for taking back a car with the UCC is not limitless. If you come across a fault in your motor vehicle inside a sensible inspection time period, you can take back the motor vehicle. Unfortunately, new cars can be frequently technically complicated and you might not acknowledge if your product conforms to the consumer warranty until long after you purchase the product and problems begin to develop. Therefore, if Long after this inspection period you fail to refuse the product, you will be said to have o.K.ed it and may have no claim through the UCC.

The duration of the inspection time period is not defined in the regulation. Courts decide how long the reasonable inspection period is based on the buyer's expertise and personal experience, the buyer's difficulty in discovering the gremlin, and the buyer's chance to identify the deficiency.

In spite of this limitation, the UCC provides that in certain cases where a buyer is deemed to have approved of products (i.e. the reasonable inspection period has elapsed), a buyer can still renounce his approval of those goods where the non-conformity largely cripples the value of the goods to him. Those examples include instances in which it proves toilsome to identify the nonconformity or the buyer was guaranteed that the non-conformity would be repaired. Put differently, the local court will pardon the buyer from not refusing the goods where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively gives out and you have to keep taking it back to the car dealership for repair under the warranty, the vehicle lemon law may be your next recourse. The failing must be substantive in which it prohibits your driving the automobile or your safety. A automobile stalling frequently is a substantive failing. This is precisely the type of defect that may stymie your driving and your safety. Under the car lemon law you are not required to establish why the motor vehicle is stalling, you merely have to establish that it is stalling. Essentially you need to check up on the lemon law in these 3 situations: the motor vehicle keeps dying within the warranty period, the motor vehicle is a safety risk, the car dealership is not able to rebuild the motor vehicle when it is guaranteed.

If you have a vehicle which is a lemon you can immediately write to the original equipment manufacturer and ask for another equivalent vehicle. If this request is not satisfactory to the original equipment manufacturer, you could start into an arbitration process. A few manufacturers incorporate their own arbitration program. Other manufacturers employ third party arbitration program including Autoline by the BBB. The proposition of the arbitrators is binding on the original equipment manufacturer but not on the owner. If unsatisfied with the proposal, the owner can take the original equipment manufacturer to court.

Virtually all regulations provide that the owner ought to be returned back to the fiscal position they were in before they purchased the automobile, less the amount of money that the owner benefited from by using the automobile. To get the repayment sum numerous elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used vehicles may qualify under normal lemon laws. For example, a pre-owned motor vehicle might fall under normal lemon laws if it is less than 1 year old and has got less than 12,000 miles on the odometer. States which do have a pre-owned motor vehicle lemon law will be additionally accommodative with the age and amount of mileage. Still, the car needs to be sold by a dealer that provides a written warranty. Personal sales aren't included, nor are vehicles sold under a certain purchase price. There could be other restrictions to a used car lemon law such as the functions in which the automobile is used or the categorisation of automobile. Older automobiles, are commonly excluded from used car lemon laws. Used car lemon laws usually cover a much shorter period than brand new car regulations. They oftentimes range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When selecting a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the pricing program. Many lemon law attorneys demand a relatively small retainer to handle a lemon law claim, and thenceforth, the lawyer's fees are sent to the original equipment manufacturer. Fundamentally, lemon law claims are normally very inexpensive to purchasers. The reimbursement of attorney fees varies from state to state. About one-half of the states let you to recover your Lawyer fees if you win. The attorney's fee is based upon actual time spent rather than being tied to any percentage of the recovery. In a select few States, you have to pay the manufacturer's lawyer's bills if you lose.

Consumers ought to register their concerns in writing and hold a copy. In all written correspondence, always delineate how problematic it is to return the car to the dealership for corrections and that the reliability that the purchaser believed He or she was purchasing has been non-existent. Any written correspondence with a car dealership or original equipment manufacturer should be sent using certified postal service. In most cases the manufacturers claim that they haven't had the requisite number of endeavors to repair the defect. They count on the knowledge that the purchaser doesn't file repair orders for each occurance they have driven the automobile into the authorized dealership. They also rely on the fact that the repair orders have seperate parts repaired every period proving that they haven't repaired the same problem. Consumers ought to respond by asking that dealers always present them a warranty repair ticket. Consumers ought to also indicate that these unrecorded visits are tries.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately review your owner's manual and warranty references entirely, as well as the reference pertaining lemon law rights which you should obtain when you buy your vehicle. Don't depend on your dealership to explain which troubles are covered by warranty. If your dealership states that a problem is not covered and you think that he or she is misleading you, be civil but self-asserting. Don't be afraid to point out the part of the warranty that is relevant, or to call the original equipment manufacturer for verification applying the contact data included with your owner's manual. You should not be obliged pay for work related to lemon law complaints. It's also necessary to advise the original equipment manufacturer of a complaint right away. If you are suspicious that your vehicle has a defect what just can not be fixed, look into your lemon law rights to see when you are able to bring a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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