Fifteen
tips for putting the squeeze on auto lemons (continued):
8. Don't waste your time and emotional energy getting hung up over phone calls, which are often intended simply to string you along, wear you down, and discourage you. Manufacturer representatives are famous for being patronizing or downright rude, keeping consumers on hold, failing to return phone calls, failing to keep appointmentsall designed to get you frazzled. Send the manufacturer a brief certified letter, and move forward.
9. If the manufacturer offers a certified arbitration program, and you wish to use the lemon law's legal "presumption," apply for arbitration, and send your application via certified mail, keeping proof of when it was sent. You are supposed to get a hearing within 40 days of when your application is received.
10. If you don't win in arbitration, don't let that faze you. A quirk in the lemon law says the arbitrators do not have to apply the lawonly take it "into account." So your vehicle could have done everything but turn yellow and spit juice in your face, and the arbitrator can miss the boat entirely. The safety valve is: arbitration decisions are not the last word. Many lemon owners lose in arbitration, then go on and get a speedy refund after a lemon law attorney writes a letter on their behalf.
11. Seek advice from the California Department of Consumer Affairs, at 916-323-3406, or from an experienced lemon law attorney. Relying on an attorney who happens to be a friend, but is not an expert in consumer warranty law, would be like going to a dentist because your feet hurt. The National Association of Consumer Advocates, at http://naca.net, lists lemon law specialists.
12. If you think your vehicle is a lemon, don't dilly-dally. Some of the saddest cases CARS hears about involve people who were so patient, or sick, or busy, they let years slip by. They kept going back and back for repairs, until the time to use the lemon law ran out. The manufacturer and dealer may try to stall you, and keep delaying, knowing if you don't use the law in time the lemon law clock will run out.
13. On the other hand, you may have more time to use the law than you thought. Contrary to what you may read in the press, or what manufacturers often claim, California's lemon law does not end after 12 months or even 18 months/18,000 miles. The good news is that California's lemon law protects you for the entire warranty period. A typical new car warranty usually lasts at least 36 months/36,000 miles. Some last for 10 years or 100,000 miles. If a problem arises before the warranty expires, and is not fixed after repeated attempts, you may be able to get a refund under the lemon law, minus a deduction for mileage until the problem first surfaced, and you took it in for repairs.
