Complaint Process
The Lemon Law complaint process can be less complicated, expensive and
stressful than going to court. A $35 filing fee is charged for complaints about
new vehicles.
Mediation
When a
complaint is received, it is reviewed by a Case Advisor to determine whether
it meets the jurisdictional requirements of the law. If it does, the Case
Advisor attempts to resolve the complaint through informal mediation, which may
include an inspection of the vehicle. Often a complaint is resolved through
mediation within the first 30 to 60 days after filing.
Administrative Law Ruling
If unresolved, it will be scheduled for a hearing conducted by the
State Office of
Administrative Hearings (SOAH) at hearing sites throughout the state.
Consumers must prove to the Administrative Law Judge that their vehicle is a
lemon.
Manufacturers also have the right to appear and present evidence and argument
to the contrary. Usually, judges issue rulings within 30 to 45 days following
the hearing.
Manufacturer Requirements
Manufacturers are required to issue a disclosure statement on lemon vehicles
and to affix a disclosure label (rearview mirror hang tag) to the vehicle.
Both disclosure items must remain with the vehicle through the first retail
sale. In addition, a buyback remark is placed in the title history of the
vehicle to alert subsequent purchasers of the vehicle's status.
|