Lemon Law Arbitration Hearing: Owner's Effective Preparation

In a number of states (including Florida), automobile manufacturers participate in the Better Business Bureau Lemon Law Arbitration ("BBB Auto Line") program or similar programs. Many owners see these arbitration programs as the only economical recourse to hold manufacturers responsible for replacing defective vehicles or refunding owner's repair costs or other expenditures.

Florida's Lemon Law requires a manufacturer to replace defective vehicles or refund owners' purchase price after a specific number of unsuccessful repair attempts or period of non-use for certain defects or non-conformities, which substantially impair the vehicle's value, use, or safety. 

With these replacement and refund stakes on the table, the manufacturer utilizes its vast legal resources to train and prepare its arbitration representatives to oppose your claim. In most cases, the manufacturer will have a department which is responsible for arbitration claims.

Even if the owner does not retain an attorney to appear at the arbitration hearing, legal consultation or review of initial claim documents will enable the owner to focus on the most relevant and dispositive facts and circumstances for purposes of the hearing.  In some states, owners are not allowed to be represented by counsel at arbitration hearings, and where representation is allowed, there may be an issue of reimbursement of attorney fees.

Generally, preparation for an arbitration hearing starts with an understanding of the lemon law and applying the law to your specific facts.  These suggested questions should be part of your hearing preparation:

  • Is the owner eligible to file the arbitration claim?
  • Is the vehicle covered by the lemon law or the manufacturer warranty?
  • Is the arbitration claim based on three or more failed repair attempts?
  • Is the arbitration claim based on being out of service for 15 or more days?
  • Is the manufacturer on notice of the vehicle's nonconformity and repair opportunity?

These suggested questions are not intended to be used as legal advice.  These suggestions are based on my experience with the BBB Auto Line program in Florida and other lemon law arbitration programs may be different.  For more information, go  to www.lemonlaw.bbb.org.

Please understand that while we are happy to review your documents and information in preparation for your Lemon Law arbitration hearing, we do not provide consultation to review your specific documents and information until we have entered into a written and signed fee and retainer agreement.

Please call 904-262-8003 or contact us by email for a free consultation. For a fast and efficient legal case evaluation and a potential pre-arbitration review of you claim, please fill out our on-line Request for Consultation and submit a copy of your filed complaint and any other filed documentation.  We will respond to you within 24 hours.


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