The Board must issue the arbitration decision within 60 days from the date the Board receives your Request For Arbitration. You will receive a copy of the decision and a form asking whether you accept or reject the decision. You have 60 days from the date you receive the decision to accept or reject it.
If the arbitration decision is in your favor and you accept it, then the manufacturer must:
While appeals by manufacturers or consumers are very rare, if you disagree with the decision you can reject the decision and file an appeal. You will need the assistance of a private attorney to pursue your claims against the manufacturer when filing an appeal in superior court. You will be allowed a new hearing of the dispute at a trial. If you decide to appeal, the appeal must be filed in superior court within 120 days of rejecting the arbitration decision.
Compliance and Consumer Requirements When Returning a Vehicle
After a manufacturer(s) receives notice from the Lemon Law Administration that you have accepted a decision awarding repurchase or replacement of the motor home, the manufacturer(s) has a maximum of 40 days to comply with the award. The Attorney General’s Office will continue to provide information and assistance to you and the manufacturer(s) during the compliance period.
Compliance with the award must occur at a time, place and in a manner that is mutually agreeable to you and the manufacturer(s).
You must return the motor home free of damage. A consumer is not responsible for problems related to ‘wear and tear’ from ordinary or expected use of the vehicle or damage related to defects covered by the warranty. If the motor home has been damaged due to fire, theft, vandalism, or collision (e.g. a dented fender from an accident or a broken/cracked windshield), the consumer must choose between having the vehicle repaired and transferring any insurance claim/insurance settlement to the manufacturer.
Note: When returning a motor home to the manufacturer(s), you cannot remove any equipment or options from the vehicle that were included in the purchase or lease. If you added features after buying or leasing the motor home (e.g. satellite TV equipment or an awning, those items may be removed avoiding further damage; you are not required to repair the motor home to original condition. You and the manufacturer(s) are strongly advised to negotiate over the after-market items as there may be problems for the consumer reinstalling in another motor home and the ‘add-ons’ may enhance resale value for the manufacturer.
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