A Practical Guide to Exercising Your Rights
Realizing you might have a lemon can be overwhelming. You’ve spent a lot of money and now face a complicated process. However, by taking a methodical, step-by-step approach, you can build a strong case and protect your consumer rights. The single most important rule is to document everything.
Step 1: Become a Meticulous Record-Keeper
From the moment you suspect a problem, your most powerful tool is your ability to create a clear, detailed paper trail. Your memory can fade, but written records are undeniable evidence. Here’s what you need to collect and organize:
- All Purchase Documents: Keep your sales contract, financing or lease agreement, and the vehicle’s warranty booklet in a safe, accessible file.
- Every Single Repair Order: This is the most critical evidence. Each time you take your car to the dealer for a repair, you must get a copy of the repair order. A proper repair order should include:
- The date you brought the car in and the date you picked it up.
- The vehicle’s mileage when it entered and left the shop.
- Your specific complaint about the problem. Use consistent language every time.
- The technician’s diagnosis of the problem.
- A detailed list of the work performed and any parts that were replaced.
Before you leave the dealership, review the repair order for accuracy. If it says “could not duplicate problem,” insist that your complaint is still documented on the form.
- A Communication Log: Keep a notebook or a digital file to track every conversation related to your car’s issues. For every phone call or in-person discussion with the dealer or manufacturer, log the date, time, the name and title of the person you spoke with, and a summary of what was discussed. Save all emails and letters.
Step 2: Provide Formal Written Notice to the Manufacturer
After several failed repair attempts, it’s time to escalate the issue beyond the dealership. Most state lemon laws require you to send a formal notification letter directly to the manufacturer. This isn’t an email; it’s a physical letter sent via certified mail with a return receipt requested. This creates a legal record that they received your complaint.
Your letter should be professional and factual. It should include:
- Your full name and contact information.
- The vehicle’s make, model, year, and Vehicle Identification Number (VIN).
- The date of purchase and current mileage.
- A clear, chronological history of the substantial defect.
- A list of each repair attempt, including the dates and the dealerships involved.
- A statement that you believe your vehicle qualifies under your state’s lemon law and that you are requesting a repurchase or replacement.
You can find the manufacturer’s address for these notices in your owner’s manual or on their corporate website.
Step 3: Allow a Final Repair Attempt
Once the manufacturer receives your letter, they are often entitled by law to one final opportunity to repair the vehicle. You must cooperate with this attempt. They may ask you to take the car to a specific, specialized repair facility or fly in a master technician to work on it. Follow their instructions and, as always, document the entire process, including who you spoke with and the results of the repair.
Step 4: Evaluate the Manufacturer’s Response
After the final repair attempt, one of several things will happen. If the problem is finally fixed, your journey may be over. If the problem persists, the manufacturer should respond to your demand for a buyback or replacement. They might:
- Agree to your request: This is the ideal outcome. They will begin the process of repurchasing your vehicle or providing a replacement.
- Deny your claim: They may argue that the defect is not substantial, that you didn’t allow enough repair attempts, or that the problem is due to misuse.
- Make a settlement offer: They might offer you a cash settlement or an extended warranty to convince you to keep the car. Be very cautious about accepting such offers without fully understanding what rights you might be giving up.
- Demand arbitration: Many manufacturers require you to go through an arbitration program before you can file a lawsuit.
Step 5: Consider Arbitration or a Lawsuit
If the manufacturer denies your claim or you cannot reach an agreement, you have two primary paths forward.
Arbitration is a less formal alternative to court where a neutral third party (an arbitrator) hears both sides of the story and makes a decision. Some arbitration programs are run by the manufacturer, while others are independent. The decision may or may not be legally binding. It’s essential to understand the rules of the specific arbitration program before you agree to participate.
A lawsuit is the final option. This involves filing a formal legal complaint in court. At this stage, it is highly advisable to have an attorney representing you. This is the point where a professional can take over, handling the complex legal procedures required to enforce your consumer rights.
To learn more about what to do if you have a lemon car, a great first step is to visit the consumer protection section of your state Attorney General’s website. This will provide specific details on how does the lemon law work in my state, including timelines and notification requirements.
