Common Mistakes and How to Avoid Them
Pursuing a lemon law claim can be a meticulous process, and simple missteps can unfortunately weaken your case or cause it to be denied. Being aware of these common pitfalls can help you navigate the process more effectively and increase your chances of a successful outcome.
Mistake 1: Poor or Incomplete Record-Keeping
This is the single biggest mistake a consumer can make. Without a detailed paper trail, your claim becomes a “he said, she said” argument, which is difficult to win. You must be able to prove the defect, the number of repair attempts, and the days the vehicle was out of service.
How to avoid it: From day one, treat it like you are building a legal case. Create a dedicated folder or binder for all your documents. Insist on a detailed, dated, and signed repair order for every single visit, even if the technicians say they couldn’t find a problem. Your complaint must be documented.
Mistake 2: Not Describing the Problem Consistently
When you bring your car in for service, how you describe the problem matters. If you say “it’s making a weird noise” one time, “it feels jerky” the next, and “it seems to hesitate” on a third visit, the manufacturer may argue that these were three different problems, not three attempts to fix the *same* substantial defect.
How to avoid it: Be as specific and consistent as possible. Once you have a clear way of describing the issue (e.g., “The car shudders and loses power when accelerating between 30 and 40 mph”), use that exact same description on every repair order.
Mistake 3: Losing Your Cool with the Dealership Staff
It is completely understandable to be frustrated and angry. Your brand-new car isn’t working, and you’re spending your valuable time dealing with it. However, yelling at the service advisor or manager is counterproductive. They are not the ones who built the car, and more importantly, they are the ones creating the very documents you need as evidence.
How to avoid it: Stay calm, firm, and professional. Think of the dealership staff as your primary source of evidence. By treating them with respect, you are more likely to get their cooperation in creating accurate and detailed repair orders, which are essential to your claim against the manufacturer.
Mistake 4: Waiting Too Long to Take Action
Lemon laws have strict deadlines, often called statutes of limitation. The clock starts ticking from the date you purchase the vehicle or from when the warranty period begins. If you wait too long to report the problem or to file your claim, you could lose your rights entirely, even if you have a clear-cut lemon.
How to avoid it: Address problems immediately. As soon as you notice a recurring issue, start the documentation process. Don’t adopt a “wait and see” attitude. The law protects those who act promptly to assert their rights.
Mistake 5: Accepting a “Goodwill” Settlement Offer Prematurely
Sometimes, a manufacturer will try to resolve your complaints by offering a “goodwill” gesture, such as a few free car payments, a service contract, or a small cash payment. While this may seem helpful, these offers often come with strings attached. Accepting one could require you to sign a release form that waives your right to pursue a full lemon law claim later.
How to avoid it: Never sign anything you don’t fully understand. If the manufacturer makes an offer, carefully read all the fine print. It is often wise to have an attorney review any settlement offer before you accept it to ensure you aren’t unknowingly giving up your right to a full buyback or replacement.
Mistake 6: Not Notifying the Manufacturer in Writing
Many consumers believe that complaining repeatedly to their local dealer is enough to trigger the lemon law. In most states, this is not the case. The law typically requires you to give the actual manufacturer formal, written notice of the problem and an opportunity to fix it.
How to avoid it: Follow the steps outlined in the previous section. Once you’ve had a few unsuccessful repair attempts at the dealership, it’s time to send that certified letter directly to the manufacturer’s corporate office. This is a formal legal step that cannot be skipped.
