||Arbitration in a lemon law context
is an informal and usually useless process that consumers may
use to try and resolve a warranty dispute outside of the court
system by presenting it to a third party (ie. the Dispute
Settlement Board, Better Business Bureau, etc.) for a decision.
In California it is legally binding on the manufacturer only.
|"As is" Selling
||A car that is sold "as is" is one
which is sold with no warranty, such that the dealer and/or
seller has absolutely no obligation to make any repairs,
regardless of the vehicle's condition.
||A concise statement of a client’s
case written for the instruction of an attorney, judge or
mediator. A formal written presentation of an argument that sets
forth the main points with supporting precedents and evidence -
(as for summary judgment). The form of the brief is determined
by the procedural rules of that court or jurisdiction.
||CLRA stands for Consumer Legal
||These are additional charges to a
consumer that were incurred as a result of the acquisition of
the vehicle. They usually include, but are not limited to, the
following: charges for manufacturer-installed or agent-installed
items; earned finance charges; use taxes; and title charges.
||The manufacturer is required to
replace the consumer's lemon vehicle with one, which is either
identical or reasonably equivalent.
||The postponement of the court
proceedings in a case to a future day.
||An order issued by a court that
requires a person to do or refrain from doing something.
||A statement made, not under oath,
being offered as evidence. This statement is made under penalty
||The party against whom a criminal
or civil action is brought.
|Demand for Production
||In litigation a demand for
production is a process of discovery whereby a party to the
action makes a request that certain categories of or specific
documents are produced that are in one way or another related to
||A statement that is made under oath
by a party or witness (such as an expert) in response to oral
examination or written questions and that is recorded by an
authorized officer (such as a court reporter).
||The methods used by parties to a
civil or criminal action to obtain information held by the other
party that is relevant to the action.
||A person with special or superior
skill or knowledge in a particular area.
||A written warranty, issued by the
manufacturer of a new motor vehicle. The express warranty
provides certain promises concerning the vehicle's condition,
fitness for use and the manufacturer's obligations to repair,
including any terms or conditions precedent to the enforcement
of obligations under that warranty. An express warranty may also
accompany the sale of a used vehicle, depending on mileage and
year of the vehicle.
||These are the reasonable costs
incurred by the consumer as a result of the defect(s) about
which the consumer is complaining. These charges usually
include, but are not limited to, towing charges and the costs of
obtaining alternative transportation. Incidental charges usually
do not include loss of use, loss of income, or personal injury
||Statutes often define lemon cars
and require the entity issuing the warranty to remedy the
defects. Most statutes define "lemons" as cars that continue to
have a defect that substantially impairs the use, value, or
safety of the car after a reasonable number of attempts to
repair the car or after the car has been out of service for a
particular number of days.
||Statutes adopted in some states to
make it easier for a buyer of a new vehicle to sue for damages
or replacement if the dealer or manufacturer cannot make it run
properly after a reasonable number of attempts to fix the car.
Without a "lemon law" auto makers have often demanded the buyer
come back a dozen times and give up use of the car for lengthy
periods while they test it, claiming they are "still trying" to
make it run right.
|Letter of Notice to Manufacturer
||A written statement which describes
the motor vehicle, the defect, and all previous attempts to
repair such defect(s). For example, you may want to include the
following information: your name, address, and contact
information; a description of the defect and all attempts to
correct the defect; a description of the vehicle, including
year, make, and model; the vehicle identification number, found
on the registration; and a request that the manufacturer repair
||The Magnuson-Moss law is a federal
law giving consumers substantial rights in dealing with
manufacturers of lemon cars.
||In order for a
manufacturer-sponsored arbitration program to be certified in
most states, it must meet the following requirements of the
Federal Trade Commission (FTC) for mediation procedures: it must
be free of charge; it must be non-binding to the consumer; its
decisions must, in general, be given within 30 days after
receipt of the buyer's complaint; and its decisions must be free
from the influence of the manufacturer.
||Mediation is inexpensive and
informal, and does not require that you hire a lawyer and go to
court. It can be preferable to arbitration because it is more
flexible - allowing for more creative resolutions. Most states
do not offer mediation programs as part of their offerings to
help consumers in Lemon Law disputes. Some courts may require
the parties to a case to participate in mediation during
||An application made to a court or
judge to obtain an order, ruling, or direction; also a document
containing such an application
||If a more recent odometer reading
is less than an older reading, then the odometer may have been
"rolled back." This is an indicator of mileage fraud.
||The party that institutes a lawsuit
in a court.
|Proof of Service
||A statement submitted to the court
as evidence of successful service of process to a party. There
are 3rd party companies whose business it is to serve legal
documents on defendants or plaintiffs.
||Secret warranties are a
manufacturer strategy of paying for repairs after the
automobile's written warranty has expired, but only to those
consumers who are sufficiently aggressive about complaining. The
secret warranty will cover certain component(s) or system
malfunctions or defects, which have occurred in a widespread
|Service Contracts (Extended
||Service contracts and extended
warranties are functionally equivalent to each other. The
consumer pays an additional amount to the seller or manufacturer
for protections against product defects beyond those that are
covered by the original express and implied warranties. In some
cases a service contract may actually be an Express Warranty.
|Statute of Limitations
||A statute setting a time limit in
which a plaintiff must file a case.
||A writ requiring appearance in
court to give testimony. To serve or summon with such a writ.
||This means to significantly
diminish or lessen the use of the vehicle, value or safety to
the buyer . Certainly defects that cause the vehicle not to
start, not to stop, or impair one's ability to operate the
vehicle would be substantial impairments. Significant paint
defects or defects to key components, like the air conditioning
system, might also be considered substantial impairments as
well. Whether a defect is a substantial impairment is a decision
for the judge or jury in a contested case.
|VIN (Vehicle Identification
||This 17 character number is unique
to each vehicle. It identifies characteristics of the vehicle,
including manufacturer, year, model, body, engine
specifications, and serial number.
||A guarantee given on the
performance of a product or the doing of a certain thing. For
example, many consumer products come with warranties under which
the manufacturer will repair or replace any product that fails
during the warranty period; the commitment to repair or replace
being the "warranty".