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Arbitration Agreements - What Do They Mean?

15 messages,  Last post on Sep 08, 2007 at 8:02 AM

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#14 of 15 Re: Usually... [buddycat] by joel0622

Sep 08, 2007 (7:57 am)

Replying to: buddycat (Sep 08, 2007 7:23 am)
Does anyone in this forum have any advice,input,successful outcomes when it comes to the arbitration process?I will be meeting with an arbitrator next month about my 2007 Toyota Camry Lemon. To make a long and frustrating story short,I will be brief for now . I have a Toyota Camry with the flaring issues. I took it in at two months when I noticed the problem. I just left it at the dealer, they say nothing is wrong. One month after that,I drive it straight to the dealer and the service manager happen to be there and we went for a test drive and the flaring was obvious to him. We go back to his office, he puts in my VIN # and I a get a new transmission at 6,000 miles. NOT GOOD! I make a payment on this car every month and I just get nauseated. Cars cost a lot money! I expect more. The car still drives like crap. I miss my 10 year old Maxima that I gave to my father.
 
Unless there is a lot more to this story I do not see the lemon law coming into effect. You bought a car, it had a problem and the dealer fixed it by replacing the transmission. That is no where even close to a situation where the lemon law would apply.

#15 of 15 Re: Usually... [joel0622] by joel0622

Sep 08, 2007 (8:02 am)

Replying to: joel0622 (Sep 08, 2007 7:57 am)
Here is a brief description of the Federal Lemon Law. Which I would guess you have already read. But you will see it uses verbiage like multiple attempts, or 3 to 4 times of a recurring event etc.
 
Whereas at one time you had no alternative but to allow the manufacturer or seller of a defective product an endless amount of repair attempts, State and federal statutes informally known as "Lemon Laws" provide for compensation to you where you have a defective product that cannot be fixed within a reasonable opportunity. The federal Lemon Law, officially known as the Magnuson-Moss Warranty Act, provides for the payment of your attorney fees and court costs if successful, as do most State Lemon laws.
 
To qualify for protection under a Lemon Law, you must generally have a defective consumer product that has not been fixed within a reasonable amount of repair attempts. Most State Lemon Laws specifically apply to motor vehicles and require the manufacturer to refund your money or replace your vehicle if, during the first twelve to twenty-four months of ownership, your vehicle has suffered three to four repairs for the same problem or has been out of service by reason of repair more than thirty days. Although State Lemon Laws are generally limited to new vehicles, many states have enacted specific lemon statutes that protect purchasers of used vehicles and/or other consumer products such as Motor Homes and computers.
 
The federal Lemon Law often extends protection far past State law, making warrantors responsible for irreparable defects for up to four years after the factory warranty has expired. This federal statute generally provides cash compensation where the warrantor cannot make your product free from defects within a reasonable opportunity. Unlike State Lemon Laws, the Magnuson-Moss Warranty Act applies not just to vehicles but instead to all consumer products - including boats and appliances. Magnuson-Moss also creates strict requirement for warrantors when drafting warranties and disclosing warranty terms, thereby eliminating much of the confusing "doubletalk" inherent in consumer warranties.

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