5. WHAT THE BUYER WINS WHEN THEY PROVE THEIR CAR IS A LEMON

Lemon Law provides that the buyer can recover up to two times their actual damages as a penalty. "Willful failure" simply means that the manufacturer was aware of its obligation and it failed to comply with that obligation. NOTE: if a buyer is asserting the SPECIAL PRESUMPTION that their vehicle is a "lemon" they may not recover this penalty if the manufacturer maintains a qualified 3rd party dispute resolution process. However this does NOT prevent the buyer from seeking this penalty under the general "Lemon Law".

ATTORNEY FEES/COURT COSTS- If the car buyer wins the manufacturer must pay the buyer's attorney fees and court costs. In the event the manufacturer wins the buyer does not have to pay the manufacturer's attorney fees BUT must pay the manufacturer's court costs.

RESTITUTION- If the buyer elects restitution the manufacturer must pay the actual cost of the vehicle (including all manufacturer installed options and transportation costs) sales tax, license fees, and registration fees minus a "usage offset". The buyer is also entitled to reimbursed for repair, towing, and car rental costs.

REPLACEMENT- The manufacturer replace their motor vehicle with a new motor vehicle similar to the one being replaced. The new vehicle must be given with the same warranties that would be given when vehicle is sold. The manufacturer shall pay all taxes, license, and registration. The buyer must pay to the manufacturer a "usage offset".

CIVIL PENALTY FOR MANUFACTURERS WHO REFUSAL TO REFUND/REPLACE: If the consumer has given the manufacturer 30 day written notice and the manufacturer "willfully refuses" to make replacement/restitution a buyer (in addition to the product's cost) may recover a "civil penalty" of two times the product's cost.