Lemon Law New York

Informal Dispute Resolution:

Arbitration some lemon laws may require you to go through an informal arbitration process before you can file a lemon lawsuit. Others may not. However, if you call the customer hot line from one of those states, they may still tell you that you have to go through arbitration before you can seek any other remedy.

Arbitration is rarely helpful, even if you win. For example, the arbitrator may issue an eloquently worded opinion finding that your defect exists, but that “in all fairness” it looks as if it could be repaired. So, instead of awarding you the refund or replacement that the law requires, you are “awarded” just another repair attempt. But you were already entitled to further repairs under your warranty. The arbitration award gives you nothing you didn’t already have. Continue reading Chapter 7: The Gauntlet (page-17)

• A service coupon, good for free oil change.

• A few hundred dollars toward your next monthly payment, to make up for all the time your vehicle has been in the shop.

• A discount on a brand-new automobile from the same manufacturer. (Ford used to call these “Owner Appreciation Certificates.” But don’t forget that there are no good deals in the gauntlet!)

• Maybe even a few thousand dollars in cash, if you will only go away.

Guess who has an army of attorneys to deal with irate consumers? Continue reading Chapter 7: The Gauntlet (page-15)

The dealer is not doing this out of goodwill, despite what you might be told. You will soon learn that your used vehicle isn’t worth that much as a trade-in. The new models are more expensive, even with the “goodwill” discount. The bottom line is that you would end up having to pay thousands of dollars for the privilege of giving back your lemon and getting something decent to drive. That’s not how the lemon law usually works.

There are no good deals in the gauntlet. If you fall for the dealer’s ruse, you are going to lose money. Why should you lose your hard-earned money? All you want is what you paid for in the first place.

Stupid Manufacturer Tricks Continue reading Chapter 7: The Gauntlet (page-13)

“Why don’t you bring it in next week, Mrs. Jones? We’re too busy…stall….blah…lie…”

What really happened here? After you return complaining more than once, the service writer labels you as trouble and your vehicle as a potential lemon. His refusal to talk to you is just part of the gauntlet-create more delay and more frustration, and hope that you will finally give up and go away. Of course, he can’t admit that; so when he finally has to call you back, he pretends the problem is on your end. Continue reading Chapter 7: The Gauntlet (page-11)

Just Bring It Back, We’ll Fix It

When consumers start calling to complain that repairs have failed, both dealers and manufacturers tell them to return their vehicles for further repairs. They give the appearance of being extraordinarily helpful. In reality, they don’t have any more reason to believe they can fix it this time than they had the last three times. It’s just more delay, more misdirection. The defect still doesn’t get fixed. Nothing has changed, except that you have wasted more time and acquired more stress.

The “Little Lady” Syndrome

Dealers use this particular obnoxious tactic on all consumers, but for some reason it seems directed primarily to women-hence the name “little lady” syndrome. The service manager at the dealer says, “Honey, are you sure you are using the right kind of gas?” Or the mechanic says, “Oh, that’s the way this model works, dear.” Continue reading Chapter 7: The Gauntlet (page-09)