Chapter 11 Manufacturer Defenses

Paper, written records rule the business world. This is particularly true in the legal arena. If it looks like you're headed that way, you need to be prepared. Chapter 11 will help.

He said, she said, just won't do. Excellent written records will help you win the day. Not every consumer can successfully demand a refund under the lemon law, regardless of the nature of the defect. California Lemon Law is the best, but there are certain things the consumer cannot do.

The best law has fairness for both sides.

Unfortunately, you will find that a manufacturer's first line of defense is often either denial or outright falsehood. The technicians who worked on your car—who have families to feed and therefore would like to keep their jobs—will develop sudden amnesia. Does this sound familiar?

The first and most important rule for the consumer is, when your vehicle is repaired never leave without your copy of the repair order, even if they do nothing to fix it.

This chapter will tell you many other things you need to know and do when getting your vehicle repaired. Here are the things you can't do and make valid lemon law case. These are called manufacturer defenses:

Vehicle abuse: Your Cadillac Sedan de Ville cannot be used as a dune buggy. Read more about vehicle abuse in the chapter.

Vehicle neglect: We see a lot of this. The manufacturer will claim you haven't taken it in for regular maintenance. You really need to know how this works.

Improper maintenance: There's a big no-no here. Find out what happens if you take your car to your cousin Sylvestre's auto repair shop.

Modifications and alterations:

It's not cut and dried. If you torched the springs so the car will ride a little lower, because you think this is cool, the manufacturer is going to claim, correctly, that the reason you car corners like a semi is because you destroyed the suspension.

However, what about modifications done at the dealership that are meant to help make the sale? This happens quite often. Read about it here.

Statute of limitations

Read about it in this chapter. The things you learn here can definitely help you avoid not only the bad things dealers and manufacturers do, but how to avoid doing bad things that give the manufacturer to ammo to fight back and win.

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