
Lemon law cases follow a certain sequence, as do most other legal matters. Roughly sixty five percent of the time a lemon law case never reaches the litigation stage. These cases are handled in what is called prelitigation.
Phase I: It goes roughly like this. Joe Jones buys a new vehicle: Ford, Nissan, BMW, it doesn’t matter which kind, they all manufacture lemons; some more than others. Joe drives the vehicle for a month or so then he notices that whenever he hits the brake, the steering wheel shudders and the front end has a tendency to pull to the left of right. Various other things are wrong with the vehicle, but none that are serious or life threatening.
Joe takes the vehicle back to the dealer where he purchased it. Let’s back up a step. He calls them to make an appointment. Maybe they play games, like making him wait two weeks, or maybe not. At the dealer, as soon as he explains the problem to the service writer, they know exactly what’s going on. His isn’t the first vehicle brought back for this problem. Besides, soon after this vehicle came out, the manufacturer issued a Technical Service Bulletin (TSB) describing the problem and some things that might be done about it.
By the way, the manufacture did not send the TSB to Mr. Jones. They never do. Unfortunately the problem is a design fault, so no matter what the dealership does, they can’t fix the problem without replacing the entire front end, redesigned to correct the problem.
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