One of the most challenging aspects of our lemon law firm reviewing a potential lemon law claim is when the new client does not have all or part of their warranty repair documents. The next is properly worded warranty repair documents.

We will take a look at the 4 different documents which are relative to a California lemon law case.

1. The “Repair Order”. This the more commonly known as the “write-up” copy at the dealership. The Service Advisor asks you what your complaints are, and (hopefully) he enters them into the service computer as you have dictated it. The “Repair Order” is also given to customer to review for accuracy prior to signing it. It is after the signature that a copy is given to the customer.
   
   

2. The “Repair Invoice”. This is the single most important documents for your “warranty repair” file to keep at home. This “Repair Invoice” is the copy the dealer gives you that “closes out” or “completes” the repairs for that visit. It will have “miles in/miles out”, as well as “date in/date out” It will also have in text what diagnosis/repairs, etc. were performed on your vehicle.
   
   

3. The “Service Drop of Form”. THIS is a consumer “no-no”. This is simply a form that the customer OR service advisor hand writes with customers complaints. This is not an official warranty repair order document, and likely will not generate a “repair order invoice” when the consumer goes back to pick up his/her vehicle after repairs are completed. The # 1 cause for a consumer saying “I don’t have any record of that repair”. Demand a “Repair Order” and a “Repair Invoice” for every service visit with your vehicle.
   
   

4. The “Warranty Repair History” printout. Every dealership links, via computer, to the manufacturer. There is database on every car, by VIN number (Vehicle Identification Number). Any service advisor or manager at a dealership can enter your “VIN”, and produce a plain paper printout of your vehicle’s entire warranty claim history. This is available in two versions – the “summary” and the “complete” version. You do not want the “summary”, you want the expanded “complete” warranty repair history. If you can only get the “summary”, it’s better than not having anything at all. If the Service Advisor will not produce it, see the Service Manager or Director of Service. You are entitled to the warranty history on your vehicle. You may likely be required to produce a drivers license and current vehicle registration in order to prove you are the owner of the vehicle.

There are many potential pitfalls to getting properly written/executed repair documents. Here is a “quick reference list” that will help you later on in any potential “lemon law” action.

1. Always have the Service Advisor write up the Repair Order in your worded description of the symptom.
   
   

2. Always review the Repair Order before signing it.
   
   

3. Always get a signed copy of the Repair Order.
   
   

4. Politely refuse hand written “Service Drop off Forms” that are offered to you. Request a “Warranty Repair Order” to be completed for your signature.
   
   

5. If a dealer calls you and says “come pick up your car, we are going to hold the repair order open while parts are on order”, do not pick up the vehicle until they “close out” the present repair order via and give you a “Repair Invoice”. This dealer tactic makes 2 repairs into 1, thus decreasing the number of “repair attempts” as recognized by our California lemon law. Always ask the dealer if he/she has your “Repair Invoice” ready before you go to pick up your vehicle. If there are parts on order for your vehicle, and the dealer does not want to “close out” the repair order, simply tell the dealer to list the “SOP” (special order parts) as “special order parts - customer to return when parts arrive”. That will do it.
   
   

6. You need to inspect the “Repair Invoice” for accuracy. Did the dealer have the correct number of days referenced in the “date in/date out” section, memorializing the correct number of days your vehicle was down for warranty repairs? You, the consumer, must “police” your Repair Invoices for accuracy, and have the dealership re-print it with corrections made. Another way is to have them hand-write it on the Repair Invoice, and add their signature and date.

Remember, a dealership is not required to reproduce "Repair Order" invoices for you simply because they are lost, misplaced, etc.  It is the responsibility of the consumer to get a keep good warranty repair documentation.

For more information on obtaining and storing Warranty Repair documents, please visit this web site: www.CaliforniaLemonLawInformation.com

SE HABLA ESPANOL
LA OFICINA LEGAL MAS GRANDE
DE CALIFORNIA DE LEY DE LIMON
1-877-355-4666   1-877-EL-LIMON
*There may be an occasional claim where it is determined that the filing of a lawsuit is the most expedient way to recover full lemon law entitlement.

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California Lemon Law – Quick Reference Guide The California lemon law offers protection for buyers of new cars, trucks, motorhomes, and motorcycles. The California lemon law provides different options to the consumer and manufacturer.  For California lemon law to apply to cars and trucks that qualify under the statute, the manufacturer must offer to replace or repurchase the offending lemon law vehicle, with the consumer not being forced to accept a replacement. California lemon law treats motorhomes and motorcycles differently. The California lemon law allows the manufacturer to repurchase or replace under the statute, at their discretion. Automobile manufacturers will print warranty books that contain “instructions” for consumers that think they may have a lemon law vehicle that qualifies under California lemon law. Consumers must remember that these lemon law “instructions” or “steps to follow” are what the automobile manufacturer wants you to do, and is NOT the California lemon law. For example, many manufacturers warranty books will attempt to direct the consumer with a California lemon law claim to attend an arbitration hearing. Arbitration is NOT required under the California Lemon Law to pursue a lemon law claim. Nor is there any requirement under the California Lemon Law to bring a lemon law claim within 18 months or 18,000 miles. You as the consumer have the entire new vehicle limited warranty period (usually 3 years/36,000 miles or 4 years/50,000 miles) to bring your California lemon law claim. If the repeated problem continues AFTER the expiration of the warranty under the lemon law, in certain cases you may still be applicable to protection under the California lemon law. The California lemon law also uses the manufacturers “extra power-train warranty coverage” as lemon law protection for consumers. These “power-train” warranties often provide for repairs as long as 100,000 miles, and under the California lemon law can be utilized to qualify a vehicle as a “lemon”. When our California lemon law was passed many years ago, the automobile manufacturers were allowed to set up NON-binding arbitration as an OPTION for the consumer to utilize in an attempt to settle their lemon law dispute. Consumers in California must realize that these dispute resolution mediums are often nothing more than a way for automobile manufacturers to be given “another chance” at fixing the consumers vehicle. One of the three potential decisions that can be handed down at an arbitration hearing is “the repair decision”. The automobile manufacturers representative argues to the arbitrator that the manufacturer should be given an additional attempt to repair the vehicle, or argue that they (coincidentally) “now have a fix developed” for the consumers repeated defect. The consumer often goes into a arbitration hearing expecting a “win” or “lose” decision, but becomes stunned when finding out that the outcome of their arbitration hearing for their lemon law claim is simply to have their vehicle repaired again! Arbitrators are not lawyers. Arbitration is NOT required to pursue legal remedy in California under the lemon law. “Customer Assistance Centers”. Consumers can call the manufacturers toll-free “assistance center”. They can explain that they feel they have a vehicle that qualifies under the California lemon law. The representatives will give out a “case number” to the consumer. Often times the unknowing consumer thinks this “case” number means something, especially when followed by the potential language of “we are opening a case number for you”. Consumers can be potentially mislead that this is the “opening” or “start” of a legal California lemon law case. It is NOT. A “case number” is often nothing more than a REFERENCE number to the consumer calling in their complaint(s) that allows the automobile manufacturer to establish a numerical file on the consumers call-in.  “Dealer Trade Assist”. Consumers need to be VERY aware of this “trick of the automobile trade”. Consumers who have been having repeated problems with their vehicle will often seek lemon law relief by asking their car dealer to “buy back” or replace their vehicle. What the consumer does NOT know is that the dealer has nothing to do with the California lemon law, nor do they have any responsibility under the California lemon law to repurchase or replace the offending vehicle. This is where “opportunity knocks” for the car dealer in many instances. The car dealer “responds” to the consumers request by “offering” to resolve the consumers dreadful car situation by offering “to take them out of their car” or “get you out of this car and into a new one” or similar verbage. This is NOT the California lemon law. This is an example of an opportunistic dealer sales tactic of making the consumer believe that they are getting California lemon law relief, but in reality the car dealer is taking the offending vehicle in trade, and simply selling the consumer another vehicle! The dealer often hears consumers say “you have to get me out of this vehicle”. They are simply taking the customers grief and turning it into profit, while the consumer loses part or all of their earned equity in their vehicle, often resulting in the loss of thousands of dollars. This “dealer trade assist” can often result in the dealer inflating the price of the “replacement” car and putting the consumer further into debt. Consumers should be very aware that the car dealership is in business to make a profit, and to sell cars. The “dealer trade assist” is just another example of how a consumer in California can unknowingly THINK they are getting relief from the California lemon law, but are simply being taken advantage of. What is the consumer to do? Consumers can simply the entire California lemon law process by utilizing the services of a lemon law attorney. We are The Law Offices of William R. McGee, California Lemon Law Attorneys, California’s largest lemon law firm. You can call us toll-free at 1-800-CA-LEMON (1-800-225-3666) for a free consultation or review of your repair documents to see if you qualify for protection and relief under the California lemon law. The California lemon law has a provision for attorney’s fees, making the automobile manufacturer pay the attorney for time spent on a lemon law claim.