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What should I do if I think my car is a ‘lemon’?
Write the manufacturer and ask for a refund or replacement vehicle. Your refund should include the full purchase price, sales tax, any finance charge, and repair costs, minus a reasonable amount for mileage. If you get a replacement vehicle, the manufacturer should refund your repair costs and charge nothing for mileage.
If you don't get a refund or replacement by writing the manufacturer, consider using your manufacturer's complaint arbitration program. In arbitration, panelists decide how your complaint should be settled. You may want to consult a lawyer first although some people proceed on their own. In some states the decision of the arbitrator is not binding. Thus if you like it, you can accept it, and if not, you can sue.
In some states, if your manufacturer has a state certified arbitration program, you must use it before you can sue the manufacturer in court for a refund or replacement vehicle.
Our advice is always consult an attorney if the manufacturer doesn't help you. It will make your life easier, and getting results that much quicker.
A court may need to decide if your vehicle is a lemon and what settlement you deserve. If you sue the manufacturer and you win, you could get double the vehicle purchase price and repair costs plus other costs and attorney fees. |
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