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The law requires that if the requirements above are met, then the manufacturer shall, at the owner’s option, replace the vehicle with a new or comparable motor vehicle of similar type and similarly equipped, or they shall refund the purchase price of the vehicle, including all incidental charges, such as sales tax, registration fees, transportation charges, dealer preparation charges and the like. The manufacturer may deduct from the refund amount an offset for wear, tear and miles driven by the owner prior to reporting the problem.
Sometimes, of course, the manufacturer refuses, or is unwilling, to offer the above remedies. Then what?
Should the manufacturer offer an arbitration program or other dispute resolution program within the state, the owner of the vehicle must submit to this program before seeking relief through any other provisions of the lemon law statute. Manufacturer-run arbitration programs are designed to simplify and expedite defective vehicle claims by having each side in the case present their evidence to an independent arbitrator, who will rule in favor of one side or the other, based on the available evidence.
Generally, the results of such arbitration hearings are binding upon the manufacturer but not upon the owner of the vehicle. If the arbitrator rules in favor of the owner, he or she will receive a replacement vehicle or a refund. Should the arbitrator rule in favor of the manufacturer, the owner still reserves the right to file a lawsuit in a court of law. Anyone doing so would be wise to consider hiring an experienced attorney. The statute also provides that, in the event of such a lawsuit, the owner will be eligible to recover attorney fees in addition to obtaining relief in the form of a refund or a replacement vehicle.
The provisions of this law do not apply if the owner has neglected to inform the manufacturer, in writing, prior to the end of the warranty period. Doing so by Certified Mail, with a return receipt requested, is advisable.
If you are having difficulties with your car, truck or van, you may find that you need the help of a lawyer. LegalMatch can help find an experienced attorney near where you live. Confidentiality is guaranteed, all attorneys are licensed, and the service is free.
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