You’ve heard the phrase “paper trail.” In a lemon law negotiation or lawsuit, that is the trail that guides the decision to a resolution in your favor. There are two phases of this documentation process: First, it’s a good idea to have a full repair log on any vehicle as well as all accompanying work orders and invoices from repairs and maintenance. If you’re thinking this sounds like a lot of fuss and bother, remember, an accurate history of your vehicle and its maintenance is invaluable when it’s time to sell it and can increase the value of the vehicle. Second, that documentation is the first step in proving you have a lemon.

We’re going to assume your vehicle was purchased new, is on a factory warranty and is being repaired and/or maintained at a dealership. While it may not be the most invigorating read, check your warranty carefully. Be very careful to keep your warranty intact. Examples of actions that could void the warranty include having repairs done at a non-authorized garage, not adhering to the recommended maintenance intervals and adding some aftermarket products. Generally, having routine maintenance done at an independent garage will not void your warranty, but make sure.

We’ll start with day one:

• Keep your warranty information, dealer purchase contract originals or a copy in a file folder. The owner’s manual serves its purpose in the glove compartment of the vehicle. Put it there and keep it there, preferably protected from getting shredded by all the rest of the things kept in glove compartments. Note the date and odometer reading when you take possession of the car.
• For each maintenance visit (whether it’s to the dealership or your own mechanic) and repair, make note of the following:
• The date and mileage when you took the vehicle for service and date the car was ready for pick-up, plus the mileage when you actually picked it up.
• The name of the repair location and the repair order number. Keep the repair order and invoice in your car file.
• For repairs, include a description of the problem and work requested. At the garage, describe the problem in as much detail as you can, but never offer your own diagnosis. For a recurring problem, make sure you describe the issue to the mechanic in exactly the same words. This avoids claims that the second, third, etc. visits were for “different” problems. Do not sign the repair order or estimate unless the specific problem is written on it.
• Include a description of the work performed; the information should be on the dealership’s invoice. Put the paperwork with the repair order in your file. If the dealer not provide an invoice because the work was done on warranty, make a note of that in the log.
• Note whether the problem was “fixed.” In all fairness to mechanics, if a problem is intermittent and he cannot duplicate it, it’s tough to fix it. This is another reason to be detailed in your description. If the problem pops up after the car is warmed up or at freeway speeds, the mechanic needs to know this. If the issue is unresolved and then recurs, this is a new entry in your repair log and a new repair attempt for the same problem. This series of attempts to solve a mechanical issue is the basis for a lemon law claim.

All of the above are relevant to any car. When a significant repair issue occurs, it’s time to go into a more serious documentation mode.

If you suspect your vehicle may be a lemon and want legal advise, contact us using the form on the rightand we’ll help you locate a lemon lawyer.

Federal and state lemon laws require the manufacturer to live up to his end of the bargain. When you buy a new car, it should, most of all, work safely and not be flawed to the extent its value is reduced, both in terms of  monetary value and value as transportation.

• The manufacturer has to fix your vehicle to your satisfaction. It can’t be stated any more simply. “Couldn’t duplicate defect” will not be an excuse.
• If the car cannot be fixed and the flaw reduces its value, the manufacturer is required to provide a replacement or a refund that includes related costs.
• If the part needed to fix your car is not in stock at the dealership, the manufacturer is required to send the part by the fastest means available at no additional charge.
• The manufacturer has to adhere to both the federal as well as the lemon laws of all states where that manufacturer has a dealership.
• If the manufacturer provides its own Informal Dispute Resolution process or works with a third party to provide those services, the process has to follow the rules of the Federal Trade Commission.

While dealing with a car dealership and service personnel can be daunting, in the event of a lemon, the laws are on your side.

If you suspect your vehicle is a lemon, contact us using the form on the right and we’ll help you locate a lemon lawyer.

Just because you’ve got a real stinker of a car doesn’t mean an auto exec will show up at your door with a big, fat check. It doesn’t work like that. While you have a right to reimbursement for a vehicle you bought in good faith on the presumption it would work, you also have responsibilities. When we drive that new car out of the dealer’s lot, we’re not anticipating lemon issues. The first four “things you need to do” are not so much indications of total mistrust in the auto industry or neurotic pessimism, they are simply things you should do with any new vehicle.

Before Your Car Turns into a Lemon

• Even before you choose your new car do your homework. Check car reviews from sources not funded by new car advertising. A good car review includes reliability reports on the model as well as results of safety testing. Unless the car is new from bumper to bumper, check on Technical Service Bulletins on the drivetrain and other major components of the model you’ve selected.
• Read and understand your warranty. One of the primary purposes of the Magnuson-Moss Act was to compel manufacturers to issue warranties written in plain English. So, you have no excuse. If you have any questions, ask the dealer.
• Follow all the instructions in the warranty. Auto makers provide maintenance schedules; follow them. If you’re thinking about tricking out your truck or sport compact, make sure modifications do not void the warranty. And, even if your brother-in-law is the family mechanic, if he doesn’t work for a shop authorized to do warranty work on your vehicle, he’s out of luck.
• File all vehicle documents. If six months into the life of your new car, it shows signs of lemon-ness, you don’t want to have to scrounge through your glove compartment and under the seats to retrieve the repair orders. You can start your car file with the purchase agreement and add to it any piece of paper that tracks maintenance and repairs.

When You Think You’ve Got a Lemon

• And more documentation. At the first indication your new car has a serious defect, follow the tips provided on the Documentation  and Auto Repair Log pages on this site. If the vehicle turns into a full blown lemon, the documentation, notes, work and repair orders are all evidence. It’s your responsibility to make sure your description of the car’s defect is accurate.
• Read your state’s lemon laws. The cynical advice would be to check your state’s lemon laws if you have to bring your car back to the dealer with a serious problem while it is still under warranty. It’s not uncommon for new vehicles to have 50,000 to 100,000 mile drivetrain warranties; however most states restrict lemon resolution to as little as 12,000 miles. You’re safe as long as that first repair attempt is within the time limitations of your state’s law.
• All states require a formal letter of notification as the first step toward resolution. Some states require the car owner submit to an Informal Dispute Resolution process. Suck it up and follow the rules. The dispute resolution is not binding on the owner of the vehicle. It may take up a lot of your time, but in some states it’s not an option and you won’t be able to file a civil lawsuit unless you’ve taken that step.

If you suspect your vehicle is a lemon, contact us using the form on the right and we’ll help you locate a lemon lawyer.

We’re going to assume you’ve been maintaining an accurate and complete auto repair log since day one with your new car. If you didn’t, you’re going to wish you did when a significant repair issue occurs. The first time you pick up your vehicle from the mechanic and realize the problem has not been resolved, it’s time to go into a more serious documentation mode.

• Take notes of conversations you have with the dealership about the issue. If the conversations are over the phone, taking notes is easy. In the presence of the technician, it may not be. At least write down key phrases and fill in the blanks immediately after the conversation. Unless you know the law, do not use a tape recorder unless everyone involved is aware you are doing so.
• Ask about Technical Service Bulletins (TSBs) and make sure that request is written on the work order.
• Keep a timeline of each repair attempt including dates, the number of days your vehicle was out of service and all of the corresponding repair paper work.
• Be respectful of the technicians, but realize they don’t necessarily know the details of your state’s lemon laws. It’s human nature to defend the work you’ve done, but it’s your car. If you’re not satisfied with the resolution of the problem, don’t accept explanations that feel wrong.
• Don’t delay repairs under warranty. As the time period of your warranty draws near, make sure any issues are resolved or you’ve made an attempt to resolve them. Depending on state lemon laws, your rights may extend past warranty if the first repair attempt occurred under warranty.

We’re not trying to make a case for or against dealership garages, but there are some common practices known throughout the industry. If you have routine maintenance done at an independent garage because of the savings of 33 to 50 percent compared to dealership rates, you may not get the best the dealer has to offer when you take it in for warrantied repairs.

If you suspect your vehicle is a lemon, contact us using the form on the right and we’ll help you locate a lemon lawyer.