How can you apply for the lemon law?

 

For anyone who wants to apply the lemon law, he/she must of course have a lemon, which is an automobile that has defects which interfere in a big way with the use of the car. If the dealership or the manufacturer refuses to replace your car or refund the purchase price even when the vehicle that was sold to you was clearly a lemon, you may enforce your rights under the lemon laws in several ways.

 

How to apply the lemon laws will of course largely depend on the state legislation that one is subject to. The process of filing may differ from state to state. The first step towards filing of a complaint would thus be to fill the complaint form.

 

These forms are available online for most, if not all states. Check whether there are other requirements for filing. If you live in Texas for example, you will find that you are required to include a $35 non-refundable fee accompanying the complaint when you want to have the automobile repurchased. This will be reimbursed by the manufacturer if you end up on the wining side.

In the state of New Jersey, you may seek a hearing in the Division of Consumer affair’s Automotive Dispute Resolution Program. You may also seek redress through the manufacturer’s informal dispute settlement program. The third method of enforcing lemon law rights would be bringing a civil action in court. Typically in many states, a lemon law hearing would take place before an administration law judge, and one does not require having an attorney. But it’s probably good to have one as it’s almost a certainty that the manufacturer will have legal representation.

 

And in many cases you will need an attorney, though in some states all you need is to have a proper documentation and can file the complaint all by yourself. At the hearing, the automobile owner will need to prove several things; that he bought or leased an automobile and it was his property at the time of hearing, that there was a defect that was covered in a warranty, that the defect was reported to the manufacturer, that the manufacturer was given adequate opportunity to repair the vehicle, that the complaint was filed within the time limit, that the manufacturer was notified in writing, that the defect in the automobile interferes with the use and enjoyment of the vehicle, or it creates a potential health hazard.

In some states, a customer is obliged to pursue the process of non-binding arbitration at the onset. Other states such as California have what is called voluntary arbitration usually initiated by the auto maker. Such arbitration is binding to the auto maker, but is not binding on the customer. If the decision of the arbitrator turns out to be unfavorable, the aggrieved party can either appeal to a superior court, or initiate a new court action.

 

It’s better to have an attorney for the purpose of filing a court action because, once again, the manufacturer will most likely be represented, and the action may be defeated due to the procedure followed.