7. PREPARING YOUR "LEMON LAW" CASE - DOCUMENTING THE FACTS AND GETTING THE EVIDENCE

California Law requires the dealer to put the current odometer reading on each repair order and give you a final invoice which itemizes all work performed/parts installed. It does not matter that that you are not charged for the work. Insist that you be given a repair order/final invoice every time you bring your car in. If you do not have all your repair orders/invoices ask the dealer for them. They are required to keep them for 3 years.

NOTEBOOK/LOG- It is important that you keep an accurate record of all conversations with the dealership service managers/technicians. Names, dates, times, and what was said can make all the difference. Any direct communication with the manufacturer should be in writing. In the event you have a conversation with a manufacturer's agent/employee make sure to detail the conversation as you would with the dealer's employees.

YOUR OWNERS/WARRANTY MANUAL- The manufacture usually includes addresses telling you where to send any notice you intend to give under the "lemon law". It is important you use those addresses to send notice.

GIVE NOTICE!- Regardless of how you choose to pursue your case you will have to notify the manufacturer you are making a "lemon law" claim. It would be unfortunate to lose, or win less, because the manufacturer can argue you did not give them proper notice. Use certified mail or other delivery confirmation to prove you gave it.

GOING TO ARBITRATION- The car buyer has everything to gain and nothing to lose by arbitration. If you win the manufacturer is bound by the decision. If the you lose you can still go to court. Arbitration is less formal than court but each side will have a chance to present their case and evidence. Some arbitrators have each side submitting in writing their version of what happened several days before the actual hearing. Find out if the hearing will be recorded. If not, ask to bring your own recorder. If you lose, you may have still have learned what defenses the manufacturer might raise when you file suit.