Maine Lemon Law Firms and the Maine lemon law code.

Maine Revised Statutes Annotated, Tit. 10, §§1161-1169

1161 Definitions.

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.

1. Consumer. "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 an express warranty applicable to the motor vehicle and any other person entitled by the terms of the warranty to enforce the obligations of the warranty, except that the term "consumer" shall not include any governmental entity, or any business or commercial enterprise which registers three or more motor vehicles.

2. Manufacturer. "Manufacturer" means manufacturer, importer, distributor or anyone who is named as the warrantor on an express written warranty on a motor vehicle.

3. Motor Vehicle. "Motor vehicle" means any motor driven vehicle, designed for the conveyance of passengers or property on the public highways, which is sold or leased in this State, except that the term  motor vehicle does not include any commercial vehicle with a gross vehicle weight of 8,500 pounds or more.

4. Reasonable allowance for use. "Reasonable allowance for use" means that amount obtained by multiplying the total purchase price of the vehicle by a fraction having as its denominator 100,000 and having as it numerator the number of miles that the vehicle traveled prior to the manufacturer s acceptance of its return.

5. State-certified arbitration. "State-certified arbitration" means the informal dispute settlement procedure administered by the Department of the Attorney General which arbitrates consumer complaints dealing with new motor vehicles that may be so defective as to qualify for equitable relief under the Maine lemon laws.

1162 Scope; construction.

1. Consumer Rights. Nothing in this chapter in any way limits the rights or remedies which are otherwise available to a consumer under any other law.

2. Manufacturers, distributors, agents and dealers. Nothing in this chapter in any way limits the rights or remedies of franchisees under chapter 204 or other applicable law.

3. Waivers void. Any agreement entered into by a consumer which waives, limits or disclaims the rights set forth in this chapter shall be void as contrary to public policy.

1163 Rights and duties.

1. Repair of nonconformities. If a new motor vehicle does not conform to all express warranties, the manufacturer, its agent or authorized dealer shall make those repairs necessary to conform the vehicle to the express warranties if the consumer reports the nonconformity to the manufacturer, its agent or authorized dealer during the term of the express warranties, within a period of 2 years following the date of original delivery of the motor vehicle to a consumer, or during the first 18,000 miles of operation, whichever is the earlier date. This obligation exists notwithstanding the fact that the repairs are made after the expiration of the appropriate time period.

2. Failure to make effective repair. If the manufacturer or its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition, or combination of defects or conditions, which substantially impairs the use, safety or value of the motor vehicle after a reasonable number of attempts, the manufacturer shall either replace the motor vehicle with a comparable new motor vehicle or accept return of the vehicle from the consumer and make a refund to the consumer and lien holder, if any, as their interests may appear. The consumer may reject any offered replacement and receive instead a refund. The refund shall consist of the following items, less a reasonable allowance for use of the vehicle:

A. The full purchase price or, if a leased vehicle, the lease payments made to date, including any paid finance charges on the purchased or leased vehicle;

B. All collateral charges, including, but not limited to, sales tax, license and registration fees and similar government charges; and

C. Costs incurred by the consumer for towing and storage of the vehicle and for procuring alternative transportation while the vehicle was out of service by reason of repair.

The provisions of this section shall not affect the obligations of a consumer under a loan or sales contract or the secured interest of any secured party. The secured party shall consent to the replacement of the security interest with a corresponding security interest on a replacement motor vehicle which is accepted by the consumer in exchange for the motor vehicle, if the replacement motor vehicle is comparable in value to the original motor vehicle. If, for any reason, the security interest in the new motor vehicle having a defect or condition is not able to be replaced with a corresponding security interest on a new motor vehicle accepted by the consumer, the consumer shall accept a refund. Refunds required under this section shall be made to the consumer and the secured party, if any, as their interests exist at the time the refund is to be made. Similarly, refunds to a lessor and lessee shall be made as their interests exist at the time the refund is to be made.

3. Reasonable number of attempts; presumption. There is a presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if:

A. The same nonconformity has been subject to repair 3 or more times by the manufacturer or its agents or authorized dealers within the express warranty term, during the period of 2 years following the date of original delivery of the motor vehicle to a consumer or during the first 18,000 miles of operation, whichever is the earlier date, and at least 2 of those times the same agent or dealer attempted the repair but the nonconformity continues to exist; or

B. The vehicle is out of service by reason of repair by the manufacturer, its agents or authorized dealer, of any defect or condition or combination of defects for a cumulative total of 15 or more business days during that warranty term or the appropriate time period, whichever is the earlier date.

3-A. Final opportunity to repair. If the manufacturer or his agents have been unable to make the repairs necessary to conform the vehicle to the express warranties, the consumer shall notify, in writing, the manufacturer or the authorized dealer of his desire for a refund or replacement. For the seven business days following receipt by the dealer or the manufacturer of this notice, the manufacturer shall have a final opportunity to correct or repair any nonconformities. This final repair shall be at a repair facility that is reasonably accessible to the consumer. This repair effort shall not stay the time period within which the manufacturer must provide an arbitration hearing pursuant to 1165.

4. Time limit; extension. The term of an express warranty, the one-year and two-year periods following delivery of the 15-day period provided in subsection 3, paragraph B, shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.

5. Dealer liability. Nothing in this chapter may be construed as imposing any liability on a dealer or creating a cause of action by a consumer against a dealer under this section, except regarding any written express warranties made by the dealer apart from the manufacturer s own warranties.

6. Disclosure of notice requirement. No consumer may be required to notify the manufacturer of a claim under this section, unless the manufacturer has clearly and conspicuously disclosed to the consumer, in the warranty or owner s manual, that written notification of the nonconformity is required before the consumer may be eligible for a refund or replacement of the vehicle. The manufacturer shall include with the warranty or owner s manual the name and address to which the consumer shall send the written notification.

6-A. Notification of Dealer. Consumers may also satisfy a manufacturer s notice requirement by notifying in writing the authorized dealer of a claim under this section. The dealer shall act as the manufacturer s agent and immediately communicate to the manufacturer the consumer s claim.

7. Disclosure at time of resale. No motor vehicle which is returned to the manufacturer under subsection 2, may be resold without clear and conspicuous written disclosure to any subsequent purchaser, whether that purchaser is a consumer or a dealer, of the following information:

A. That the motor vehicle was returned to the manufacturer under this chapter;

B. That the motor vehicle did not conform to the manufacturer s express warranties; and

C. The ways in which the motor vehicle did not conform to the manufacturer s express warranties.

1164 Affirmative defense.

It is an affirmative defense to any claim under this chapter that:

1. Lack of impairment. An alleged nonconformity does not substantially impair the use, safety or value of the motor vehicle; or

2. Abuse. A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by anyone other than the manufacturer, its agents or authorized dealers since delivery to the consumer.

1165 Informal dispute settlement.

If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of 16 CFR, Part 703, as from time to time amended, the provisions of section 1163, subsection 2, concerning refunds or replacement shall not apply to any consumer who has not first resorted to that procedure or to state-certified arbitration. This requirement shall be satisfied 40 days after notification to the informal dispute settlement procedure of the dispute or when the procedure s duties under 16 CFR, Part 703.5(d) are completed, whichever occurs sooner.

1166 Unfair or deceptive trade practice.

A violation of any of the provisions of this chapter shall be considered prima facie evidence of an unfair or deceptive trade practice under Title 5, chapter 10.

1167 Attorney s fees. In the case of a consumer s successful action to enforce any liability under this chapter, a court may award reasonable attorney s fees and costs incurred.

1168 New car leases.

For the purposes of this chapter only, the following apply to leases of new motor vehicles.

1. Warranties. If express warranties are regularly furnished to purchasers of substantially the same kind of motor vehicles:

A. Those warranties shall be deemed to apply to the leased motor vehicles; and

B. The consumer lessee shall be deemed to be the first purchaser of the motor vehicle for the purpose of any warranty provisions limiting warranty benefits to the original purchaser.

2. Lessee s rights. The lessee of a motor vehicle has the same rights under this chapter against the manufacturer and any person making express warranties that the lessee would have under this chapter if the vehicle had been purchased by the lessee. The manufacturer and any person making express warranties have the same duties and obligations under this chapter with respect to the vehicle that the manufacturer and other person would have under this chapter if the goods had been sold to the lessee.

1169 State-certified, new car arbitration.

1. Neutral new car arbitration. All manufacturers shall submit to state-certified, new car arbitration if arbitration is requested by the consumer within 2 years from the date of original delivery to the consumer of a new motor vehicle or during the first 18,000 miles of operation, whichever comes first. State-certified arbitration shall be performed by one or more neutral arbitrators selected by the Department of the Attorney General operating in accordance with the rules promulgated pursuant to this chapter. The Attorney General may contract with an independent entity to provide arbitration or the Attorney General s office may appoint neutral arbitrators. Each party to an arbitration is entitled to one rejection of a proposed arbitrator.

2. Written findings. Each arbitration shall result in a written finding of whether the motor vehicle in dispute meets the standards set forth by this chapter for vehicles that are required to be replaced or refunded. This finding shall be issued within 45 days of receipt by the Department of the Attorney General of a properly completed written request by a consumer for state-certified arbitration under this section. All findings of fact issuing from a state-certified arbitration shall be taken as admissible evidence of whether the standards set forth in this chapter for vehicles required to be refunded or replaced have been met in any subsequent action brought by either party ensuing from the matter considered in the arbitration. The finding reporting date may be extended by 5 days if the arbitrator seeks an independent evaluation of the motor vehicle.

3. Administered by Attorney General. The Department of the Attorney General shall promulgate rules governing the proceedings of state-certified arbitration which shall promote fairness and efficiency. These rules shall include, but are not limited to, a requirement of the personal objectivity of each arbitrator in the results of the dispute that that arbitrator will hear, and the protection of the right of each party to present its case and to be in attendance during any presentation made by the other party.

4. Consumer arbitration relief. If a motor vehicle is found by state-certified arbitration to have met the standards set forth in section 1163, subsection 2, for vehicles required to be replaced or refunded, and if the manufacturer of the motor vehicle is found to have failed to provide the refund or replacement as required, the manufacturer shall, within 21 days from the receipt of a finding, deliver the refund or replacement, including the costs and collateral charges set forth in section 1163, subsection 2, or appeal the finding in Superior Court. For good cause, a manufacturer may seek from the Department of the Attorney General an extension of the time within which it must deliver to the consumer a replacement vehicle.

5. Appeal of arbitration decision. No appeal by a manufacturer or consumer of the arbitrator s findings may be heard unless the petition for appeal is filed with the Superior Court of the county in which the sale occurred, within 21 days of issuance of the finding of the state-certified arbitration.

In the event that any state-certified arbitration resulting in an award of a refund or replacement is upheld by the court, recovery by the consumer may include continuing damages up to the amount of $25 per day for each day subsequent to the day the motor vehicle was returned to the manufacturer, pursuant to section 1163, that the vehicle was out of use as a direct result of any nonconformity, not issuing from owner negligence, accident, vandalism or any attempt to repair or substantially modify the vehicle by a person other than the manufacturer, its agent or authorized dealer, provided that the manufacturer did not make a comparable vehicle available to the consumer free of charge.

In addition to any other recovery, any prevailing consumer shall be awarded reasonable attorney s fees and costs. If the court finds that the manufacturer did not have any reasonable basis for its appeal or that the appeal was frivolous, the court shall double the amount of the total award to the consumer.

6. Consumer s rights if arbitrator denies relief. The provisions of this chapter shall not be construed to limit or restrict in any way the rights or remedies provided to consumers under this chapter or any other state law. In addition, if any consumer is dissatisfied with any finding of state-certified arbitration, the consumer shall have the right to apply to the manufacturer s informal dispute settlement procedure, if the consumer has not already done so, or may appeal that finding to the Superior Court of the county in which the sale occurred within 21 days of the decision.

7. Disclosure of consumer lemon law rights. A clear and conspicuous disclosure of the rights of the consumer under this chapter shall be provided by the manufacturer to the consumer along with ownership manual materials. The form and manner of these notices shall be prescribed by rule of the Department of the Attorney General. The notice disclosures shall not include window stickers.

8. Manufacturer s failure to abide by arbitrator s decision. The failure of a manufacturer either to abide by the decision of state-certified arbitration or to file a timely appeal shall entitle any prevailing consumer who has brought an action to enforce this chapter to an award of no less than 2 times the actual award, unless the manufacturer can prove that the failure was beyond the manufacturer s control or can show it was the result of a written agreement with the consumer.

9. Consumer request for information. Upon request from the consumer, the manufacturer or dealer shall provide a copy of all repair records for the consumer s motor vehicle and all reports relating to that motor vehicle, including reports by the dealer or manufacturer concerning inspection, diagnosis or test-drives of that vehicle and any technical reports, bulletins or notices issued by the manufacturer regarding the specific make and model of the consumer s new motor vehicle as it pertains to any material, feature, component or the performance of the motor vehicle.

10. Penalties. It shall be prima facie evidence of an unfair trade practice under Title 5, chapter 10, for a manufacturer, within 21 days of receipt of any finding in favor of the consumer in state-certified arbitration, to fail to appeal the finding and not deliver a refund or replacement vehicle or not receive from the Department of the Attorney General an extension of time for delivery of the replacement vehicle.

11. New car arbitration account. To defray the costs of this program, a $1 arbitration fee shall be collected by the authorized dealer from the purchaser as part of the new motor vehicle sale agreement. Pursuant to rules adopted by the Secretary of State, this fee shall be forwarded annually by the dealer or its successor to the Secretary of State and deposited in the General Fund. At the end of each fiscal year, the Department of the Attorney General shall prepare a report listing the annual money generated and the expenses incurred in administering this arbitration program.

Essentially, the Lemon Laws specify that if you purchase (and in various states, lease) a new or used car or other vehicle covered by a manufacturer's warranty that repeatedly breaks down, and the manufacturer just can't restore it in spite of duplicated tries (within a designated time limit that fluctuates from state to state), or if the motor vehicle is not usable for a specified time period (usually 30 days) because of its troubles, you are qualified to a wide number of damages, including:

1. Monetary restitution
2. A compensation of the original money paid
3. A new automobile
Also, nearly all of the Lemon Laws (as well as the Federal Warranty Law) feature a fee transferring element that states that if you win your suit, the original equipment manufacturer or car dealership which sold you the lemon is obligated to pay your court expenses.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the protections of each state's statute are distinct, the general state Lemon Law statute affords cure to a consumer with a unsound car covered by a warranty if:

1. The car dealership or original equipment manufacturer just can't genuinely correct a specific gremlin in the motor vehicle after a fair number of repair attempts (typically at least 3);
2. The automobile can't be used for at least 30 days due to shortcomings in the motor vehicle; or
3. The dealer or original equipment manufacturer just can't fix a defect that is a severe safety risk.

More often than not, a faulty motor vehicle is a motor vehicle with a problem or condition that largely impairs its drivability, value, or safety to the consumer and doesn't maintain the standard of the warranty. In most instances, the period of time in which the Lemon Laws are applicable are relatively short; the flaws and subsequent repair efforts (or out-of-service period of time) often will take place during the first 2-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter periods. Furthermore, many states have notice and activation requirements, such as expecting the consumer to send off registered post notice to the maker of the problems and giving the car dealership a chance to remedy the automobile. In addition, several states expect that Lemon Law lawsuits be solved through an arbitration proceeding.

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

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer commodities (such as computers)
There are a number of powerful resolutions available under the Lemon Laws. Frequently, if the maker just can't fix the vehicle, the consumer can either demand the maker to replace the motor vehicle, or obligate the maker to take the motor vehicle and repay the price paid together with incidental damages, like all invoices, towing charges, repair costs, associated transportation charges and other costs incurred by the consumer as a result of the flaws in the motor vehicle. Another important resolution available under most Lemon Laws is attorneys' expenses. In many states, if you prevail in a Lemon Law suit, you will not have to pay any litigation fees-the automobile manufacturing business that sold you your lemon is obligated to pay attorneys' fees.

The defendant motor vehicle manufacturer can use several defenses to a Lemon Law claim. The common statute extends that the original producer is not guilty if it can establish that the defects in question came about because of misdeed, disregard, or the modification or tampering of a car by persons other than the manufacturing business, an agent, or its authorized dealer. In other words, if the consumer abuses his or her own car, or the problems were the fault of changing or alterations performed by an unauthorized person, the manufacturing business might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer merchandise warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and dealers of consumer goods to provide consumers with comprehensive info about warranty coverage benefits. Also, it affects both the rights of consumers and the responsibilities of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act does not call for an vehicle manufacturer to furnish consumers with a warranty, if a warranty is furnished, the Magnuson Moss Act provides various protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for breaking the warranty by making breach of warranty an infraction of federal law, and by allowing public consumers to recover litigation costs and reasonable laywers' charges.

The Magnuson Moss Act is typically effective in a lemon case in which, for some reason, a state Lemon Law claim is not possible or furthermore disadvantageous. For instance, contrary to the generally short cycle provided to purchasers within virtually all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has expired if the defects came about during the warranty time period. Additionally, although a few Lemon Laws limit their coverage to a small number of cars, the Magnuson Moss Act applies to almost all consumer items. The Magnuson Moss Act might also apply if you bought or leased a preowned motor vehicle without a manufacturer's warranty, or if the vehicle is covered by a service agreement or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all 50 US States. It is the principal agent of law governing consumer warranties, including automobiles and other items. The UCC offers an alternative legal route for customers with lemon problems.

UCC code stipulates that the consumer of a good is entitled to return goods which break in any regard to the agreement. Basically, if your brand new item doesn't work as endorsed by the original producer (your manufacturer warranty is part of your consumer agreement), you may have a claim citing the UCC in addition to whatever additional claims you may have.

The time period for returning a car with the UCC is not limitless. If you observe a fault in your car inside a sensible inspection period, you may refuse the motor vehicle. Unfortunately, new automobiles are oftentimes mechanically complicated and you may not notice whether your automobile conforms to the warranty till after you acquire the automobile and defects begin to develop. Thus, if After this inspection time you fail to take back the automobile, you will be deemed to have approved of it and will have no claim through the UCC.

The length of the review time period is not delineated in the statute. State courts decide how long the sensible inspection period is based on the consumer's knowledge and personal experience, the consumer's difficulty in revealing the fault, and the consumer's chance to identify the deficiency.

In spite of this restriction, the UCC says that in certain cases where a buyer is stated to have approved of goods (i.e. the sensible inspection time has passed), a buyer can still recant his acceptance of those goods where the non-conformity often degrades the marketability of the goods to him. Those instances include suits in which it proves challenging to find the nonconformity or the buyer was told that the non-conformity would be fixed. Put differently, the local court will pardon the buyer from not refusing the goods where the buyer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively breaks and you have to keep taking it back to the dealership for repair under the written warranty, the automobile lemon law might be your next refuge. The gremlin must be significant where it impedes your driving the product or your safety. A product stalling for no reason would be a significant gremlin. This is precisely the type of problem that may hinder your driving and your safety. Under the vehicle lemon law you are not obliged to prove why the auto is stalling, you only have to show that it is stalling. Essentially you need to check the lemon law in these three instances: the auto keeps breaking down inside the warranty time period, the auto is a safety risk, the dealer is unable to correct the auto when it is guaranteed.

If you own a car which is a lemon you can immediately write to the original maker and ask for another equivalent car. If this demand is not acceptable to the original maker, you can start into an arbitration arrangement. A few manufacturers incorporate their own arbitration program. Other manufacturers employ third party arbitration program including Autoline by the BBB. The opinion of the arbitrators is binding on the original maker but not on the buyer. If unsatisfied with the recommendation, the buyer can take the original maker to court.

Virtually all ordinances state that the purchaser needs to be restored back to the fiscal position they were in prior to purchasing the motor vehicle, less the sum that the purchaser gained from by using the motor vehicle. To get the repayment total several components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new used motor vehicles might qualify under normal lemon laws. For example, a pre-owned auto might fall under normal lemon laws if it is less than 1 year old and has fewer than 12,000 miles on the odometer. States that do have a used car lemon law may be extra accommodative with the age and amount of mileage. Still, the car has to be sold by a car dealership that extends a warranty. Individual sales aren't involved, neither are motor vehicles sold under a specific purchase price. There may be other restrictions to a used car lemon law such as the functions for which the motor vehicle is used or the categorization of motor vehicle. Older vehicles, are commonly excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period of time than brand new car regulations. They usually range from 30 to 90 days, depending on your pre-owned vehicle's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that cover to your state. Also enquire about the pricing system. Many lemon law attorneys need a relatively minor retainer to manage a lemon law claim, and afterward, the attorney's invoices are sent to the manufacturer. Essentially, lemon law claims are typically very low-cost to customers. The reimbursement of attorney invoices varies from state to state. About half of the states allow you to recover your Attorney expenses if you win. The lawyer's fee is based upon actual time logged rather than being tied to any other share of the recuperation. In some States, you must pay the manufacturing business* attorney's charges if you lose.

Consumers ought to put their complaints in writing and retain a copy. In every written communication, always explain how burdensome it is to take the vehicle to the car dealership for work and that the dependability that the buyer thought She was acquiring has been non-existent. Any written communication with a car dealership or manufacturer ought to be sent using certified mail. In almost all lawsuits the manufacturers claim that they have not had the required number of efforts to correct the condition. They depend on the reality that the buyer doesn't have repair sheets for each instance they have taken the automobile into the repair facility. They also depend on the possibility that the repair sheets have seperate parts repaired every occurance showing that they have not fixed the same problem. Consumers ought to reply by expecting that authorized dealerships always grant them a warranty repair sheet. Consumers should also argue that these undocumented trips are tries.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately review your owner's booklet and warranty references entirely, along with the facts pertaining lemon law rights which you should get when you acquire your motor vehicle. Don't bet on your dealer to explain what troubles are covered by warranty. If your dealer states that a problem isn't covered and you believe that he is decieving you, be calm but self-assertive. Don't be afraid to point out the part of the warranty that applies, or to call the original maker for confirmation utilizing the contact references included within your owner's booklet. You should not have to pay for work associated to lemon law complaints. It's also important to notify the original maker of a complaint as soon as possible. If you think that your vehicle has a defect that cannot be fixed, go over your lemon law rights to see when you are able to file 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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