While California’s lemon law system has numerous advantages to the consumer, it actually suffers from some very serious disadvantages that make it incredibly difficult for those who don’t know how to handle the legal system.
It is common for the consumer and vehicle manufacturer to disagree about the number of unsuccessful repair attempts. Manufacturers will often rely on consumers to use a state-sponsored arbitration program to resolve claims that they have not met the standard set by their own warranty provisions. Arbitration can be risky if you do not know anything about it. This is why our California lemon law attorney explains the arbitration process.
What is the California Lemon Law?
The California Lemon Law is a statute that protects car owners in the state from having to pay for a problematic vehicle. This law covers both new and used cars, either purchased or leased, as long as the new vehicle warranty period hasn’t ended. The law states that if you have serious problems with your car and you take it in to get fixed several times, but this does not resolve what’s going on with the car, then you have the right to have it replaced or repurchased by the manufacturer at little to no cost to you personally.
What is Lemon Law Arbitration?
If you’re a California resident and your vehicle needs repairs, you might be able to use arbitration to get them done. This is a process where both parties go to a neutral third party to solve their dispute. The arbitrator will decide whether the manufacturer has made a reasonable number of attempts to repair the product and what should be done about it. You can also consult a lemon law attorney in California to discuss what you can do.
If the consumer agrees to this process, the manufacturer will have to comply with the arbitrator’s decision. The state-certified arbitration programs help arbitrators resolve vehicle warranty problems fairly and quickly.
What are the Different Types of Arbitration?
If you are considering applying for Lemon Law Arbitration, it is important to understand the notification process. In order to begin the arbitration process, you must notify the dealer or manufacturer that your vehicle is a lemon. If the manufacturer responds within seven business days, you must allow them to make one final repair attempt.
State Lemon Law Arbitration Program
If you have a car with a serious defect that your dealer can’t seem to fix, you may be able to take it to the state Lemon Law Arbitration Program. In order to qualify, your car must have been bought less than two years ago or still have a manufacturer’s warranty. If the arbitrator decides your car is a lemon, you’ll get a full refund. If they decide it’s not a lemon, you won’t get anything.
Manufacturer Sponsored Arbitration Program
You will also have the option of requesting manufacturer-sponsored arbitration. Through this process, the arbitrator can award you further repairs, a partial refund, or a full refund. Should you be unsatisfied with the manufacturer’s final decision, you will have the opportunity to request state arbitration by consulting your lemon law California attorney.
Is the Arbitration Process Free?
If you have a lemon law case in California, the arbitration process is a free and simple way to resolve your dispute. Even though manufacturers fund the program, California has made it completely free to begin the arbitration process. This way, the manufacturers can’t influence the outcome of your case.
Many consumers who seek assistance with a defective vehicle are directed to their automakers’ customer service or warranty guides. While arbitration is not mandatory, it is strongly recommended by automakers. This should tell you a lot about whether or not arbitration is in your best interests.
What Do You Need for the Arbitration?
If you have a problem with your new car, you might be able to solve it with arbitration with the help of a lemon lawyer in San Diego. Some car manufacturers provide an arbitration application with the vehicle information packet when you buy or lease the car. You can also get an application from the manufacturer’s arbitration program or the Arbitration Certification Program website. To file a claim for arbitration, there are various requirements you must meet.
Contact Our Lemon Law Attorneys California
If you think you’ve purchased a lemon car, our California lemon law attorney at McMillan Law Group is here to help you. We understand just how frustrating it can be when you’re dealing with a lemon, and we want to do everything in our power to secure the best possible result for your case. We take the time to inform you of what you can expect, whether we negotiate out of court or take your case to trial.