Better Business Bureau and Lemon Law
Why don't they call it the 'Apple'
law, instead of the 'Lemon' law?
After all, an apple is shiny and new, tastes
good, and as Adam and Eve have taught us, led to all kinds of
problems during humankind history. No matter what we call it,
consumers now have its protection -- unheard of 20 years ago.
And they are using it like never before.
Better Business Bureau Arbitration Process
California Lemon Law requires that
automobile manufacturers provide customers with
a way to settle disputes over car claims. In your car owner's
manual, there will likely be the contact information for an arbitrator.
Most California manufacturers use Better Business Bureau Auto
line to settle claims. When you contact the manufacturer,
they will send you to the Better Business Bureau's Auto Line.
From there, you fill out a claim form and provide any documents
that support your case. Your claim gets forwarded to the manufacturer,
who then has to respond with how they plan to resolve the
issue. When you receive the response, you decide if it
is satisfactory. If it is, then your arbitration goes no further,
and you receive the benefits that were decided upon, thanks
to the provisions of lemon law. If you are unsatisfied
with what the manufacturer proposes, than the Better Business
Bureau will start the formal arbitration process. The arbitration
through Better Business Bureau Auto Line is free. When
you are in arbitration, you will be given the opportunity to explain
the details of your lemon law claim to an impartial
judge in the Better Business Bureau offices. It is in your best
interest to bring along any documents that might support
your claims regarding:
- routine maintenance,
- vehicle warranty repair work, and
- correspondence with the manufacturer over your lemon law claim.
Within 40 days of your arbitration hearing,
your case will be decided upon.
If you are still unhappy with the
results, you can take your case to formal court with a lemon
law attorney.
If the manufacturer is unhappy that
they are required to replace your vehicle or refund your money-
too bad for them as they are legally bound to the decision of
the arbitrator!
Requirements to Qualify for Lemon Law
Protection
While every state has it's own specific
list of requirements to meet in order to obtain protection under
Lemon Law, the requirements are similar.
California Lemon Law covers both
new and used vehicles, as well as motor homes.
There must be a problem with the
vehicle that exists
- within
the first year, or
- within the first 12,000 km of
your automobile warranty period.
You must have attempted to get
it fixed by the manufacturer.
The problem must be one that is
- not fixed within a reasonable number of attempts, or one
that would
- possibly cause danger or prevention from
using your vehicle,
in order to be covered under lemon law.
If these circumstances are met,
than you probably can get a replacement vehicle
or refund as provided by California Lemon Law:
- If your vehicle has been taken to the
dealership for the same problem 4 times, or
- your vehicle has been held at the
dealership for a cumulative total of 30 days or more --
you get a replacement vehicle or refund. Additionally,
in some other states, lemon law also provides for incidental
fees related to the case to be payed for by the manufacturer/dealer.
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