Lemon Law Basics
All states have laws that protect consumers who buy defective vehicles. These laws are often referred to as “Lemon Laws”- although they are usually officially known by a more technical sounding legal name. Generally speaking, these laws require manufacturers to buy back or replace the defective automobiles if the automobile has a defect that has not been repaired within a specified number of repair attempts or within a specified timeframe.
Manufacturers must also reimburse you for incidental costs, including dealer preparation fees, fees for transfer of registration, sales tax or other charges of fees incurred as a result of the replacement. What should I do if the manufacturer, dealer or other authorized agent refuses to accept return of the car or claims that “Lemon Law” does not apply?
Manufacturers and consumers shall not make new motor vehicle dealers party to an arbitration proceeding or any other proceeding under this article. A new motor vehicle dealer that is named as a party in any proceeding brought by a consumer or a manufacturer under this article, except as provided in subsection (a) of Code Section 10-1-790, shall be entitled to an award of reasonable attorney fees and expenses of litigation incurred in connection with such proceeding.
Consumers should consult a private attorney if they wish to pursue this remedy. If the consumer is successful, the Court will convert the arbitrator’s award into a court judgment and may award reasonable attorney’s fees. Consumers should be wary of telemarketers who insist on immediate payment by courier, wire or overnight delivery. Do not send money to anyone who insists on this type of payment. Consumers may also bring a civil action in a court of common pleas and, in addition to other relief, is entitled to recover reasonable attorneys’ fees and all court costs.
Arbitration is an alternative to court proceedings. The consumer may assert the presumption during arbitration. Arbitration is an informal process that is used to obtain speedy resolution of a warranty dispute without going to court, and it is legally binding on the manufacturer only. At an arbitration hearing, you and the manufacturer testify before an impartial arbitrator about the condition and repair history of the vehicle.
