Final notice for a new car lemon law
There are three things that the manufacturer is required to do under lemon laws if a new car turns out to be a lemon is, first, to attempt repair, if the defect is incurable, replace the vehicle with a similar one, or refund the customer the purchase price. The manufacturer is the one who has the choice of either repairing the car or refunding the money. Once the consumer finds out that the car is a lemon, he will issue notice to the dealer/manufacturer of the defects.
The notice will be in writing. However, giving the dealer a notice is not the same thing as giving the manufacturer the notice. If the dealer happens to be incapable of doing the repairs, then the consumer has to issue a final warning to the manufacturer that the car has not been repaired and the defects are still there, and that by that notice, the manufacturer is being given a final warning to have the car repaired. The purpose of the final waning is to let the manufacturer know that you intend to invoke your lemon law rights provided for under the various lemon laws if the defect is not cured. The notice avails the manufacturer a final opportunity to repair the car which usually amount to ten business days.
The final notice is dispatched to the manufacturer by certified mail, return receipt requested. The notice usually will describe the problem and demand relief, and specify the laws that have been violated and the reliefs claimed there under. So, for instance if you are in Massachusetts, the notice may provide that the consumer is claiming under the MGL 93A, an enactment that provides for treble damages and attorney’s fee. Particularly in Massachusetts, once the final notice has been issued, the manufacturer is given 7 days within which to repair the car and this is referred to as the MA Lemon Law Final Repair Attempt. If the defect is not cured during this last attempt, the car is a lemon.
In a number of cases, the following happens. The consumer may fail to send the notice, or fail to send it in the correct manner, or that the car is taken for repair before the manufacturer receives the final notice. In all these instances, the lemon law would not come to the aid of such a consumer, because, for the final notice to be effective, the manufacturer must have revoked the notice before the consumer takes the car for repairs, otherwise the clock for limitation of actions will start ticking again, and to the consumer’s detriment, that repair will not count as a final repair.
Once the final notice has been issued, and the repair is carried out but does little to solve the defect, the consumer can pursue the claim by filing a complaint or bring a civil action against the manufacturer. But if the manufacturer offers to replace the car, one should not accept a re-financing agreement as it will be substantial than the original arrangement. It’s much better to demand refund in full.