What is a Lemon?

Doesn't start? Doesn't run? Doesn't take you where you need to go?

That about sums up a lemon car, a lemon truck, a lemon RV, or a lemon motorcycle. Although Lemon Laws differ from state to state, a lemon is generally defined as a vehicle that you’ve owned for less than two years that is defective. If the dealer or manufacturer either cannot repair your vehicle after numerous attempts or refuses to repair it, your vehicle is probably defective. If you've repeatedly brought your vehicle in for service for the same or similar problems, and it still isn't fixed, you probably have a lemon.

If it's the first year or two, you're covered.

Although the laws vary by state, most new vehicles are covered by Lemon Laws. Typically, if you’ve owned your vehicle less than two years or have driven it less than 18,000 miles (whichever comes first), it’s covered by Lemon Law. In most states, the vehicles must be owned and operated by individuals and their families for personal use. Trucks, motorcycles, RVs, and off-road vehicles may also be covered by Lemon Laws.

If you’ve tried to get it repaired, Lemon Laws can work for you.

If you’ve taken your vehicle in multiple times to get the same problem fixed, it’s probably covered by Lemon Law. Although each state is different, most Lemon Laws require that you take you vehicle in for repair between two times (for serious safety defects) and four times (for other types of problems), or that the vehicle is out of service for 30 days.

Have you owned your vehicle for more than a year or two? You may still be covered.

If you've owned the vehicle longer than your state's Lemon Law dictates, it may still be covered under other state laws and under the Magnuson-Moss Warranty Act, a federal law that covers any product having a warranty that costs more than $25.

Do you have a Used Lemon? Lemon Laws may still protect you.

In many states, used vehicles are covered by Used Car Lemon Laws. Even if your state doesn’t have a specific Used Car Lemon Law, it probably has other laws that are designed to protect you.

Get some answers.

If you think you have a lemon car, lemon truck, lemon RV, or lemon motorcycle, you deserve to be compensated. Lemberg & Associates are Lemon Law experts and can help you get Lemon Justice – absolutely free! Click here [link to form] for a free, no-obligation case evaluation, or call toll free 1-877-77-LEMON.

Litigation Process

The Complaint

Lemon Law litigation begins when the plaintiff (the person who owns the lemon) files a complaint against the auto manufacturer with the court and sends a copy of the complaint (by service of a summons) to the defendant (the manufacturer and, frequently, the dealer). The complaint explains the various defects in the vehicle so that the lawsuit can be considered a Lemon Law case or a breach of warranty case, as well as why the defendant should be found legally responsible for the defects.

The Answer

The defendant (the manufacturer and/or the dealer) is given a specific amount of time to file with the court an answer to the Lemon Law complaint. The answer explains the defendant’s side of the Lemon Law dispute. Sometimes, the plaintiff responds to the defendant’s answer by filing a reply. In some instances, instead of an answer or reply, the manufacturer or dealer may request that the consumer clarify issues or correct mistakes in the stated facts or legal theories. This may lead to amended complaints or amended answers. Once both the lemon owner and the manufacturer have settled on a complaint, answer, and reply, the case is said to be "at issue," which means that the issues for resolution of the Lemon Law case are now clearly defined.

Case Duration, Preparation, and Discovery

The time it takes to resolve a Lemon Law case depends on the issues, the amount of discovery that needs to take place, and court scheduling and availability. The attorneys, guided by the rules of court, usually arrange the timing of discovery (the process of each side gathering documents and, sometimes, witness statements). Trial dates for a Lemon Law case are set by the court. Timing and scheduling differ between state and federal courts, so generally, the timing depends on where the consumer resides.

Thorough case preparation is critical to any kind of successful consumer litigation. Research of warranty and Lemon Law, review of relevant repair orders and other technical documentation, and witness interviews help both sides determine the merits of the consumer Lemon Law claim. The extent to which these and other steps are needed is determined by the complexity and repairs done to the vehicle and the legal issues of the case.

Discovery is the way each side gathers relevant information from the other or from the auto manufacturer. Discovery is the longest part of a lemon car case: it begins soon after a lawsuit is filed and often does not stop until shortly before trial. During discovery, each side asks for information about the facts and issues of the case. Information is gathered formally through written questions (known as interrogatories), requests for documents, and requests for admission (which ask each side to admit or deny statements of fact).

Discovery includes questioning the dealer personnel, representatives of the manufacturer and/or any expert the manufacturer may have hired. Often, a claim or defense requires support from expert witnesses to explain technical information or validate an argument. One or more experts might be needed to testify about the connection between the manufacturer’s and the dealer’s conduct, the defects in the vehicle, and the loss suffered by the plaintiff or the existence and amount of the plaintiff’s damages. Expert witnesses work closely with representatives and attorneys to prepare the case. The plaintiff’s attorneys may retain and ASE Certified Master Mechanic to inspect the lemon vehicle and write a report.

Both the court and the manufacturer will focus exclusively on repair records in order to determine the outcome of your case. Therefore, throughout this process, it is extremely important that you continue to bring your vehicle back to the manufacturer’s authorized dealer to be serviced for all problems. If you do not continue to bring your vehicle back to the manufacturer’s authorized dealers, it may hurt your case.

The use of depositions, where witnesses are questioned under oath and in front of a court reporter by attorneys for both sides, is another key method of obtaining information in a lemon lawsuit. Depositions sometimes may be used at trial to show inconsistencies in a witness’ story or to question the witness’ credibility. Sometimes, depositions are used in place of a witness who is not able to attend the trial in person.

Selling Your Car

You must maintain possession of your lemon while we represent you and while your lawsuit is pending. If you sell, trade, dispose of, or lose possession of your vehicle, or allow it to be repossessed while your case is pending or during our representation, you will lose your right to receive a refund, a replacement vehicle, and/or money for damages under warranty law and Lemon Law. No car means no recovery.

Motions

Before trial, each side may use motions to ask the court to rule or act. Motions usually pertain to law or facts in the case, but sometimes they seek clarification or resolution of procedural disputes between or among the sides. Some motions, such as the motion for summary judgment, which asks the court to dismiss part or all of a plaintiff’s case or a defendant’s defense, dispose of issues without trial. As a rule, Lemon Law cases are not frequently resolved on a summary judgment motion, because their resolution involves too many factual issues. Other motions might ask the court to order one side or the other to produce documents or to exclude evidence from trial.

Trial

At trial, the consumer presents evidence to prove that his or her vehicle indeed qualifies as a ‘lemon’ under state law, or that the manufacturer breached its warranty obligations to the consumer. The manufacturer tries to prove the opposite – that the car is not a lemon and that the manufacturer and dealer complied with warranty obligations. The claims or defenses will be presented to a jury and/or judge. Immediately before trial, each side provides the judge with a document, called a brief, which outlines the arguments and evidence to be used at trial of a Lemon Law case. In a jury trial, both attorneys for both sides question potential jurors during a selection process called voir dire. Once the jury has been selected, each side presents its outline of the case in an opening statement.

Evidence is then presented. Each side may call witnesses or introduce documents and exhibits in support of its arguments. The plaintiff (the consumer) presents evidence first, then the defendant. The consumer’s evidence normally consists of repair orders for the lemon vehicle in question. Sometimes, the plaintiff is allowed to present additional evidence, called rebuttal evidence, after the defendant has finished presenting its case.

Once all the evidence has been presented, each side gives its closing arguments. After closing arguments, the court instructs the jury on the law to be applied to the evidence. The jury then deliberates and reaches a decision or verdict.

Either side may challenge a jury’s verdict. Errors of law committed by the trial court or a jury’s disregard of law or evidence are common reasons for challenging a jury’s verdict. A motion for judgment notwithstanding the verdict asks the court to disregard the jury’s verdict and enter a different decision. A motion for a new trial asks the court to set aside the jury’s verdict and order a new trial of the case.

The side that wins at trial files a motion asking the court to order the losing side to pay the winner’s costs to prosecute or defend the case. Recoverable costs are defined by rule, law, or private agreement, and generally do not include attorney fees. Recoverable costs rarely cover all out-of-pocket costs that the winning side incurs during the course of a lawsuit.

Appeal

Following trial, the side that is dissatisfied with the result may seek an appeal. During an appeal, they ask another court to review the trial court proceeding. Both sides present their arguments in briefs, which are submitted to the appellate court along with the record of evidence from the trial court. An appeal can extend the litigation process by a year or more.

The appellate court usually reviews a case for legal error only. Except under unusual circumstances, the appellate court will not review factual evidence or disturb a jury’s findings of fact. The appellate court announces its decision in a document called an opinion. The appellate court will affirm the verdict if it finds no error. If an error is found, however, the appellate court may reverse the verdict or order the trial court to conduct a new trial.

Alternatives to Litigation in Lemon Law Cases

Settlement

It is generally wise at the outset of any litigation proceeding to review the potential and prudence of an out-of-court settlement. Indeed, most Lemon Law cases settle before reaching the trial stage. Settlement can be discussed by either side at any time during litigation and is often a cost-effective alternative to trial. Usually the court does not require the parties to discuss or attempt settlement, but most courts have procedures so that one or both sides can request the court’s assistance in settlement.

Arbitration and Mediation
Arbitration is an adversarial proceeding in which both sides select a neutral third party, called an arbitrator, to resolve their dispute. Most states run their own Lemon Law arbitration programs, so check the laws of your state for applicable rules. Usually, but not always, arbitration is binding on the automobile manufacturer but not on the consumer, so check your state rules carefully.

Mediation also involves a neutral third party, but it is the mediator’s job to assist the parties’ settlement efforts. The parties select the mediator, who meets privately with each party to discuss the strengths and weaknesses of each side’s case. The mediator helps the parties identify the risks of the case and encourages them to consider how those risks can affect their goals.

Whether arbitration or mediation is feasible and practical usually depends on everyone’s willingness to use these methods. Each alternative usually saves time and expense, but either might not result in a final resolution of the matter. The desirability of these alternatives should be evaluated early to allow for their timely implementation.

Common Lemons

Thanks to the efforts of the Center for Auto Safety, and Jack Gillis author of the Ultimate Car Book, we are able to provide you with the top 20 lemon car complaints on file with the National Highway for Traffic Safety Administration (NHTSA). Each year, thousands of Americans call their government to register complaints about their vehicles. The federal government collects this information but has never released it to the general public. The complaint index is based on a ratio of the number of complaints for each vehicle to the sales of that vehicle.



MODEL Complaint Index Ratio

1 Mazda MPV 11,090
2 Kia Sportage 7,204
3 Ford Excursion 6,682
4 Ford Windstar 4,550
5 Mercury Cougar 4,342
6 Honda Passport 3,691
7 Honda S2000 3,510
8 Mitsubishi Eclipse 3,421
9 Isuzu Rodeo 3,393
10 Ford Explorer 3,039
11 Land Rover Range Rover 3,034
12 Audi A6 2,982
13 Hyundai Tiburon 2,954
14 Honda Odyssey 2,825
15 Lincoln LS 2,753
16 Jeep Grand Cherokee 2,744
17 Volkswagen Passat 2,676
18 Buick LeSabre 2,555
19 Suzuki Grand Vitara 2,552
20 Chevrolet Blazer 2,541


Want more information about your lemon or how to get rid of it?
Call Lemberg & Associates at TOLL FREE 1-877-77-LEMON right now.

Lemon Law Tips and Pointers

If you’ve been dogged with vehicle problems and think that you have a lemon car, lemon truck, lemon RV, or lemon motorcycle, you have rights under your state’s Lemon Law, as well as under federal law. To get the best possible settlement and the greatest compensation, however, it’s extremely helpful to keep thorough records. When you do, you can easily prove that you have followed the procedures necessary to classify your vehicle as a lemon. Here are some tips to get you started:


Keep a logbook.

Whether you use a spiral bound notebook or a computer spreadsheet, make a notation every time you speak to or visit the dealer or manufacturer. This proves that you have given them ample opportunity to fix the problem.

Write down every communication. In your logbook, write down the date and time, as well as the name, title, and phone number of the person to whom you spoke. Make an entry outlining the information and instructions you were given.

Keep track of your vehicle's performance.

In your logbook, note the times and dates when the problems occur.


Note the days your vehicle is unavailable.

In your logbook, record the dates you are unable to use your vehicle, either because it isn't in working condition or because it is in the shop for repair.


Keep repair records.

This may seem obvious, but it's important to keep the original paperwork of all repair and maintenance orders – even those that may not pertain to the recurring problem with your vehicle. Never leave your vehicle at the dealership without a copy of the work order.


Keep every piece of written correspondence.

Hold on to a copy of every letter and email you send, as well as proof of delivery. Some states require that you contact the car manufacturer via certified mail, so it’s important to understand your state’s laws. Keep a folder with correspondence and delivery documentation.


Use the Web.

If you want to know if your lemon car or lemon truck has a history of problems, check the Technical Service Bulletins (TSB) for your vehicle at www.nhtsa.dot.gov. TSBs alert dealerships to defects and repairs for certain models. Request that the dealer's service representative write your TSB request on your repair slip.

If you feel that you have a lemon car, lemon truck, lemon RV, or lemon motorcycle, but haven’t kept a logbook, don’t panic. Click here [link to form] to get a free, no obligation review of your case, or call Lemberg & Associates toll-free at 1-877-77-LEMON to speak to Lemon Law experts today.

Turn your Lemon into Champagne

You have the power

Lemon Laws are putting power back into the hands of the person who owns a lemon car, lemon truck, lemon RV, or lemon motorcycle. These laws are on the books to protect people just like you who have bought a defective vehicle that the dealer cannot or will not repair. If you bought a lemon, you have recourse.


Your lemon auto could go away for free.

Lemon Laws in most states, as well as the federal Magnuson Moss Act, give you a powerful and effective way to get rid of your lemon car, lemon truck, lemon RV, or lemon motorcycle – and receive compensation for your troubles. You also may be entitled to have your loan paid off, get your money back, and even receive reimbursement for out of pocket costs including towing, rental cars, and more.

The dealership and carmaker have attorneys. So should you. If you think you have a lemon car, lemon truck, lemon RV, or lemon motorcycle, don't count on the automaker's good faith to repair or replace it. Click here [link to form] to get a free, no-obligation review of your case from Lemberg & Associates. Otherwise, you could spend months wading through the manufacturer’s "owner loyalty hotlines,” "customer satisfaction departments,” or "quality care divisions" while waiting for your problem to be resolved. These departments rarely solve Lemon Law problems and don't offer meaningful, immediate assistance.

Don't put your problem on hold. Calling the dealer's hotline may even delay solving your Lemon Law problem, since they hope that you will give up and sell the car or trade it and buy another. Indeed, that's what they want because then the manufacturer doesn't have to accept the financial obligation and disclosure requirements that go along with buying back a lemon vehicle.

It doesn’t cost a dime. Attorney’s fees are included in Lemon Law settlements, so there's no reason to go it alone any more. In other words, the vehicle manufacturer will have to pay all of the legal costs associated with your Lemon Law claim. You know that the manufacturer will have a top-notch legal team to fight your claim. Shouldn’t you have the same kind of Lemon Law experts on your side?

What are Your Rights?

if you own a lemon car, lemon truck, lemon RV, or lemon motorcycle, you have rights under your state’s laws, as well as rights under federal law. Although Lemon Laws vary from state to state, if your vehicle qualifies as a lemon, you may be entitled to:

* Have your vehicle replaced with an identical or comparable model
* Receive a refund of the price you paid for the vehicle, less a deduction for mileage
* Reimbursement for other damages or costs associated with your lemon vehicle
* Other damages, as well as punitive damages


The interests of dealers and manufacturers

If you own a lemon, you’ve probably experienced enormous frustration when you’ve taken your vehicle in for repair. You may have asked yourself why the dealer or manufacturer simply doesn’t give you a replacement vehicle or refund. While this would happen in a perfect world, manufacturers and dealers want to save money. As a result, most of them use delay tactics or make you jump through hoops in the hope that you will either go away or that the Lemon Law time period (which differs from state to state, but is usually between one and two years after purchase) will expire. This is the reason why Lemon Laws were enacted in the first place.


The role of a Lemon Law attorney

Generally speaking, it's best to have an attorney represent you in your Lemon Law claim. While you don’t need a Lemon Law lawyer in order to file a claim, having one will significantly increase the chances of getting the settlement you deserve. Vehicle manufacturers have powerful legal teams that are adept at avoiding Lemon Law claims, and often only obey the law when they’re faced with the threat of a lawsuit by Lemon Law experts. When they are, they usually settle very quickly, since they know that the cost of going to court will be much higher. For these reasons, it's in your best interest to have an advocate who knows the law and works on your behalf.

Some states require that you go through arbitration before filing a lawsuit, while others mandate it only if the manufacturer's arbitration process is certified, and still others leave the question of entering arbitration up to the consumer. In addition, you are not necessarily bound by the decision of the arbitrator. Even if you decide to enter arbitration, it is a good idea to have legal representation.

A good Lemon Law lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a settlement. Your Lemon Law attorney should conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer or enter into arbitration.


The costs of a Lemon Law attorney

You shouldn’t have to pay a Lemon Law lawyer to handle your Lemon Law case. That's because the law says that the manufacturer is responsible for paying the consumer’s attorney’s fees in successful Lemon Law claims. Most of the time, manufacturers pay legal fees as part of settling your claim. If your case goes to trial or arbitration, the court will order the manufacturers to pay attorney’s fees. Either way, you shouldn’t have to pay anything.

Remember, although you can file a Lemon Law claim on your own, it’s in your best interest to have an attorney to fight for your rights. Click here for a free, no-obligation review of your case, or call 1-877-77-LEMON to speak with Lemon Law experts from Lemberg & Associates.

The Uniform Commercial Code and Lemon Laws

The Uniform Commercial Code (UCC) was originally drafted by legal scholars in 1952 in order to provide consistency in transactions that occur in more than one state. For example, you car may have been manufactured in Detroit, you may have bought it in Philadelphia, and you may have registered it in Rochester, where you now live. If something goes wrong with your car, and Michigan, Pennsylvania, and New York each have substantially different laws regarding the manufacturer's obligations to you, resolving the issue would be problematic. The UCC seeks to smooth out the differences and provide those conducting interstate transactions with the same set of rules.

The UCC isn't, by itself, a law; rather, it's a set of guidelines developed by the National Conference of Commissioners on Uniform State Laws and the American Law Institute. The UCC has become law because each state and the District of Columbia have adopted it (sometimes with revisions) to help pave the way for interstate commerce.

Car buyers are covered under Article 2 of the UCC, which governs contracts for the sales of goods. There are four areas that are applicable: tender, acceptance, rejection, and revocation.

* Tender basically says that you can reject a car if it doesn't conform to the contract. The problem is that cars are too complex for the average person to immediately know whether or not there's a problem.
* Acceptance implies that you accept the car with the expectation that the manufacturer will fix any problems that are under warranty. The problem is that most people buy cars from dealers, not manufacturers.
* Rejection means that you can reject the car if you discover there's a defect after you've driven it. The problem is that there are no defined time periods or odometer readings, so the manufacturer can say that your test drive gave you ample time to reject the vehicle.
* Revocation means that you can revoke your acceptance of the car if, after a period of time, the car is in substantial nonconformance with the contract. The problem is that "nonconformity" isn't clearly defined.

Lemon owners became increasingly frustrated with the burdens imposed by the UCC, specifically because it doesn't define the length of time that a vehicle should be covered or the number of miles a vehicle can be driven. In 1980, the California Legislature attempted to bridge the gap with the introduction of a Lemon Law. While the California legislation didn't pass, the Connecticut legislature succeeded in passing the nation's first Lemon Law, which was signed on June 4, 1982.

Today, every state and the District of Columbia has a Lemon Law on the books, and most people who find themselves with a lemon vehicle are able to find justice using Lemon Laws. However, Lemon Laws vary greatly from state to state, and there are circumstances where the UCC can still provide consumers with an avenue of redress.

Litigation Process

The Complaint

Lemon Law litigation begins when the plaintiff (the person who owns the lemon) files a complaint against the auto manufacturer with the court and sends a copy of the complaint (by service of a summons) to the defendant (the manufacturer and, frequently, the dealer). The complaint explains the various defects in the vehicle so that the lawsuit can be considered a Lemon Law case or a breach of warranty case, as well as why the defendant should be found legally responsible for the defects.


The Answer

The defendant (the manufacturer and/or the dealer) is given a specific amount of time to file with the court an answer to the Lemon Law complaint. The answer explains the defendant’s side of the Lemon Law dispute. Sometimes, the plaintiff responds to the defendant’s answer by filing a reply. In some instances, instead of an answer or reply, the manufacturer or dealer may request that the consumer clarify issues or correct mistakes in the stated facts or legal theories. This may lead to amended complaints or amended answers. Once both the lemon owner and the manufacturer have settled on a complaint, answer, and reply, the case is said to be "at issue," which means that the issues for resolution of the Lemon Law case are now clearly defined.


Case Duration, Preparation, and Discovery

The time it takes to resolve a Lemon Law case depends on the issues, the amount of discovery that needs to take place, and court scheduling and availability. The attorneys, guided by the rules of court, usually arrange the timing of discovery (the process of each side gathering documents and, sometimes, witness statements). Trial dates for a Lemon Law case are set by the court. Timing and scheduling differ between state and federal courts, so generally, the timing depends on where the consumer resides.

Thorough case preparation is critical to any kind of successful consumer litigation. Research of warranty and Lemon Law, review of relevant repair orders and other technical documentation, and witness interviews help both sides determine the merits of the consumer Lemon Law claim. The extent to which these and other steps are needed is determined by the complexity and repairs done to the vehicle and the legal issues of the case.

Discovery is the way each side gathers relevant information from the other or from the auto manufacturer. Discovery is the longest part of a lemon car case: it begins soon after a lawsuit is filed and often does not stop until shortly before trial. During discovery, each side asks for information about the facts and issues of the case. Information is gathered formally through written questions (known as interrogatories), requests for documents, and requests for admission (which ask each side to admit or deny statements of fact).

Discovery includes questioning the dealer personnel, representatives of the manufacturer and/or any expert the manufacturer may have hired. Often, a claim or defense requires support from expert witnesses to explain technical information or validate an argument. One or more experts might be needed to testify about the connection between the manufacturer’s and the dealer’s conduct, the defects in the vehicle, and the loss suffered by the plaintiff or the existence and amount of the plaintiff’s damages. Expert witnesses work closely with representatives and attorneys to prepare the case. The plaintiff’s attorneys may retain and ASE Certified Master Mechanic to inspect the lemon vehicle and write a report.

Both the court and the manufacturer will focus exclusively on repair records in order to determine the outcome of your case. Therefore, throughout this process, it is extremely important that you continue to bring your vehicle back to the manufacturer’s authorized dealer to be serviced for all problems. If you do not continue to bring your vehicle back to the manufacturer’s authorized dealers, it may hurt your case.

The use of depositions, where witnesses are questioned under oath and in front of a court reporter by attorneys for both sides, is another key method of obtaining information in a lemon lawsuit. Depositions sometimes may be used at trial to show inconsistencies in a witness’ story or to question the witness’ credibility. Sometimes, depositions are used in place of a witness who is not able to attend the trial in person.
Selling Your Car

You must maintain possession of your lemon while we represent you and while your lawsuit is pending. If you sell, trade, dispose of, or lose possession of your vehicle, or allow it to be repossessed while your case is pending or during our representation, you will lose your right to receive a refund, a replacement vehicle, and/or money for damages under warranty law and Lemon Law. No car means no recovery.


Motions

Before trial, each side may use motions to ask the court to rule or act. Motions usually pertain to law or facts in the case, but sometimes they seek clarification or resolution of procedural disputes between or among the sides. Some motions, such as the motion for summary judgment, which asks the court to dismiss part or all of a plaintiff’s case or a defendant’s defense, dispose of issues without trial. As a rule, Lemon Law cases are not frequently resolved on a summary judgment motion, because their resolution involves too many factual issues. Other motions might ask the court to order one side or the other to produce documents or to exclude evidence from trial.


Trial

At trial, the consumer presents evidence to prove that his or her vehicle indeed qualifies as a ‘lemon’ under state law, or that the manufacturer breached its warranty obligations to the consumer. The manufacturer tries to prove the opposite – that the car is not a lemon and that the manufacturer and dealer complied with warranty obligations. The claims or defenses will be presented to a jury and/or judge. Immediately before trial, each side provides the judge with a document, called a brief, which outlines the arguments and evidence to be used at trial of a Lemon Law case. In a jury trial, both attorneys for both sides question potential jurors during a selection process called voir dire. Once the jury has been selected, each side presents its outline of the case in an opening statement.

Evidence is then presented. Each side may call witnesses or introduce documents and exhibits in support of its arguments. The plaintiff (the consumer) presents evidence first, then the defendant. The consumer’s evidence normally consists of repair orders for the lemon vehicle in question. Sometimes, the plaintiff is allowed to present additional evidence, called rebuttal evidence, after the defendant has finished presenting its case.

Once all the evidence has been presented, each side gives its closing arguments. After closing arguments, the court instructs the jury on the law to be applied to the evidence. The jury then deliberates and reaches a decision or verdict.

Either side may challenge a jury’s verdict. Errors of law committed by the trial court or a jury’s disregard of law or evidence are common reasons for challenging a jury’s verdict. A motion for judgment notwithstanding the verdict asks the court to disregard the jury’s verdict and enter a different decision. A motion for a new trial asks the court to set aside the jury’s verdict and order a new trial of the case.

The side that wins at trial files a motion asking the court to order the losing side to pay the winner’s costs to prosecute or defend the case. Recoverable costs are defined by rule, law, or private agreement, and generally do not include attorney fees. Recoverable costs rarely cover all out-of-pocket costs that the winning side incurs during the course of a lawsuit.


Appeal

Following trial, the side that is dissatisfied with the result may seek an appeal. During an appeal, they ask another court to review the trial court proceeding. Both sides present their arguments in briefs, which are submitted to the appellate court along with the record of evidence from the trial court. An appeal can extend the litigation process by a year or more.

The appellate court usually reviews a case for legal error only. Except under unusual circumstances, the appellate court will not review factual evidence or disturb a jury’s findings of fact. The appellate court announces its decision in a document called an opinion. The appellate court will affirm the verdict if it finds no error. If an error is found, however, the appellate court may reverse the verdict or order the trial court to conduct a new trial.
Alternatives to Litigation in Lemon Law Cases


Settlement

It is generally wise at the outset of any litigation proceeding to review the potential and prudence of an out-of-court settlement. Indeed, most Lemon Law cases settle before reaching the trial stage. Settlement can be discussed by either side at any time during litigation and is often a cost-effective alternative to trial. Usually the court does not require the parties to discuss or attempt settlement, but most courts have procedures so that one or both sides can request the court’s assistance in settlement.


Arbitration and Mediation

Arbitration is an adversarial proceeding in which both sides select a neutral third party, called an arbitrator, to resolve their dispute. Most states run their own Lemon Law arbitration programs, so check the laws of your state for applicable rules. Usually, but not always, arbitration is binding on the automobile manufacturer but not on the consumer, so check your state rules carefully.

Mediation also involves a neutral third party, but it is the mediator’s job to assist the parties’ settlement efforts. The parties select the mediator, who meets privately with each party to discuss the strengths and weaknesses of each side’s case. The mediator helps the parties identify the risks of the case and encourages them to consider how those risks can affect their goals.

Whether arbitration or mediation is feasible and practical usually depends on everyone’s willingness to use these methods. Each alternative usually saves time and expense, but either might not result in a final resolution of the matter. The desirability of these alternatives should be evaluated early to allow for their timely implementation

Demystifying Technical Service Bulletins

What’s a Techinical Service Bulletin?

When it comes to lemon vehicles, “TSB” is term that’s often bandied about but rarely defined. A TSB is a Technical Service Bulletin that vehicle manufacturers send to dealerships so that service departments can be kept up-to-date about problems that have come to the manufacturers’ attention. TSBs aren’t safety recalls; they’re a set of instructions about problems that crop up for new or redesigned vehicles.

If you have a lemon vehicle that is still under warranty, it’s a good idea to keep an eye out for TSBs that affect your car. If you find a TSB that addresses your problem, the dealership should be willing to fix it for free.

How do you find TSBs? The National Highway Traffic Safety Administration has an Office of Defects Investigations that allows you to search for Technical Service Bulletins online. Go to the TSB section of the ODI, and use their “drill down” search engine to enter the year, make, model, and component of your vehicle.

Here’s an example of an arbitrary “drill down” search performed using the TSB database. First, we selected “Vehicle,” and then used the next drop-down menu to select “2006” as the year. In the third step, we used the drop-down menu to select “Chevrolet” as the make of the vehicle. Next, we selected “Impala” as the model. Next, we could choose from among 20 different components for which TSBs were issued, or we could choose to see all of the TSBs for the 2006 Chevrolet Impala. When we select “Airbags,” we see that two TSBs were issues, both relating to airbag lights coming on.


More than TSBs

The Office of Defects Investigations provides consumers with additional information that can be very helpful if you have a lemon car, lemon truck, lemon motorcycle, or lemon RV. For example, you can search the ODI’s database to see if there have been any recalls that affect your vehicle. The “drill down” search method applies here as well. For example, using Vehicle à 2006 à Chevrolet à Impala (GMX211), we can find that some vehicles equipped with a manual passenger seat adjuster fail to comply with federal safety requirements, and may result in increased risk of injury during a severe crash.

Similarly, the ODI maintains a database of consumer complaints. Using the search criteria for the 2006 Chevrolet Impala, we can uncover 59 consumer complaints about vehicle components ranging from tires and the steering column to the fuel system and airbags.

If you have a problem with your vehicle, you can also use the ODI to file a complaint. The NHTSA will put your complaint into the ODI database, and will use it, along with similar complaints, to determine if there is a safety-related trend. If so, the NHTSA will ask or order the manufacturer to conduct a recall

The Negative Equity Dilemma and Lemon Law

It's an unenviable position to be in. You need (or want) a new car, but you still owe money on the car you're driving. That problem's compounded when you owe more money on the car than it's worth. Then you're in what's called a "negative equity" position. Often, people who are in a negative equity position (or those who are told they are) find themselves in a never-ending downward spiral. They trade their negative equity car in, and tack on the amount they still owe to the next car loan. A few years later, they go to trade that car in and are in an even worse negative equity position. And so forth and so on.

You might never have thought about the negative equity issue until you find out that your new car is a lemon. When you demand that the manufacturer buy it back (either through state-sponsored arbitration or court) the manufacturer will most likely take the position that it is not liable to pay you back the negative equity from a prior vehicle. In other words, you may be able to get rid or your lemon car, but you may still end up getting stuck with the negative equity from the vehicle you traded in.

If that sounds unfair, it most likely is. A number of state courts in states like Florida, Ohio and New Jersey have decided that a manufacturer must repay the negative equity when it buys back the car. But decisions are not uniform, and in states where the law is in flux, manufacturers take the position that negative equity is your problem.

Yet, the whole issue of negative equity is more complex than it appears. Here are some factors to consider, as well as some guidance about how to avoid or get out of a negative equity situation.


Are You Really in a Negative Equity Position?

Many times, people believe they have negative equity in their car because a car dealer tells them that it's so. Car dealers often tell potential buyers that their cars are worth less than they truly are because the less a dealer has to pay for trade-ins, the more profit he will make. So, before you go car shopping, it's important to know how much your current vehicle is worth.

There are a number of ways to determine the value of your vehicle. One way is to go to Kelley Blue Book. You can enter your vehicle information and zip code, and receive three values: trade-in value, private party value, and suggested retail value. You can also check on eBay motors or in your local newspaper to see what the asking and sales prices are for vehicles like yours.

Next, contact your lender and determine the pay-off amount for your car loan. You can then subtract the pay-off amount from the trade-in value and see whether or not you're in a negative equity position. Having all of this information prior to shopping for a new or used vehicle will give you much more negotiating power.
If You're in a Negative Equity Position

If you are already in a negative equity position, either because of your current car loan or a rollover from a previous loan, your best option is to avoid buying another vehicle until you can get rid of the negative equity. You can accelerate this process by making additional, principal-only payments on your car, or by using your tax refund or tax rebate to help pay down your loan.

If you are unable to wait until you've built up equity in your current car, you can use manufacturer's cash rebates and incentives to pay down your negative equity. If you're in the market for a used car, do your research before signing on the dotted line. You can enter information about the car you're considering into Kelley Blue Book will give you the suggested retail value of the vehicle. Although new cars come with a "sticker price," the price of used cars is most often at the discretion of the dealer, so make sure you have all of the information you need in order to negotiate a fair deal.


How to Prevent Accumulating Negative Equity

There are a few simple measures you can take to stop the snowball effect of negative equity before it starts. The first, and most obvious, is to live within your means. Don't buy a vehicle that you can't afford. Second, keep your loan term as short as possible. A seven-year car loan almost always puts a consumer in a negative equity position. In the long run, it's easier to buy a less expensive car and build equity that you can then use to trade up a few years down the road.

Lastly, understand and compare your financing options before you buy. Before you go to a dealership, visit or call your credit union and bank and see what kinds of financing and terms they can offer. When you get to the dealership, make sure to negotiate the sales price of the vehicle separately from any financing package. When you review the dealer's financing options, compare them to the offers from your credit union and bank. Ensure that you're comparing apples to apples. If you're not sure which is the best deal, don't hesitate to take a few days to think about it. A good deal today will still be a good deal two days from now; dealers who put you into a "now or never" position are simply using high-pressure sales tactics. Don't fall for it!

Flood Damage and the Lemon Law

During the aftermaths of Hurricanes Katrina and Rita, we all watched in horror as the Gulf Coast became submerged in floodwaters and people throughout the region suffered enormous losses of life and property. Since that time, we've witnessed extensive in flooding in other parts of the country, most recently in Ohio. Floods are undeniably tragic, but few people realize just how widely the repercussions of flooding are felt — even months and years later.

One of the unforeseen consequences of severe flooding is the deluge of damaged vehicles that enter the marketplace. After Hurricane Katrina, for example, Attorneys General across the United States began sounding alarms about flood-damaged cars that were being cleaned up and sold as late model used cars. Vehicles from the Gulf Coast and areas that have experienced more recent flooding remain problematic for consumers.

A flooded vehicle is most often considered a total loss or a salvage vehicle, but scam artists engage in a practice known as "title washing." With title washing, ownership of a vehicle is transferred (and thus re-titled) through several states. Eventually, the title no longer carries the "salvage" or "total loss" label.

According to Connecticut Attorney General Richard Blumenthal, warning signs that a vehicle may have been flooded include:

* Moldy smell
* Discolored, faded, or stained upholstery and carpeting
* Defective electrical items, including lights, windshield wipers, turn signals, radios, heaters, and air conditioners
* Power window and/or seat assemblies operating sluggishly
* Distortion in the speakers when the volume on the radio or CD player is turned up
* Defective gauges or other items on the dashboard
* Watermarks, especially on the outside of the engine, inside the garnish moldings and "kick plates," and inside the rear compartment
* A moist or moldy air filter
* Signs of mud, rust, or water damage in the trunk, glove compartment, and under the seats and dashboard
* Muddy residue in the spare tire well
* Moisture in the headlamps and tailgate assemblies

The Federal Emergency Management Agency (FEMA) offers the following tips to avoid buying flood-damaged cars:

* Have a mechanic complete a pre-inspection before you buy.
* Buy from someone you know or a dealer who offers a warranty or buy-back program.
* Watch out for "great deals" on vehicles less than five years old that have new carpeting or upholstery.

In addition, you can check a vehicle's history using AutoCheck or CARFAX. Both services provide a title check, odometer check, problem check, and registration check. The National Insurance Crime Bureau (NICB) has a database for vehicles and watercraft affected by Hurricanes Katrina, Rita, and Wilma.

If you suspect that you may have purchased a flood-damaged vehicle, there are a number of avenues of legal recourse you can explore. Because different federal and state laws come into play, it's in your best interest to retain the services of a Lemon Law attorney to fight for redress on your behalf.

If the vehicle you purchased is relatively new, it may be covered your state's Used Car Lemon Law. If the title or other documentation didn't say the vehicle was a salvage or total loss, an express warranty exists that the vehicle was not salvaged. Similarly, not disclosing a vehicle's repair or damage history can be a violation of state Unfair and Deceptive Acts and Practices (UDAP) laws. If there are problems with the vehicle's title, they may be covered under state laws relating to the Uniform Commercial Code (UCC).

It takes extensive knowledge to ascertain which legal avenue will give you the best chances of success. A Lemon Law attorney will be able to perform the necessary research and build a case that will enable you to get justice.

Lemon Laundering

When a manufacturer buys back a lemon vehicle, what happens to it? Many consumers assume that the vehicle is scrapped and destroyed, but the truth is that an estimated 95 percent of lemon cars, lemon trucks, lemon RVs, and lemon motorcycles are resold. Sometimes potential buyers are given full access to information about the vehicle's history, and knowingly buy a returned lemon. In other instances, though, the high demand for late-model used vehicles lays the foundation for consumers to be duped into unknowingly buying a returned lemon. Misrepresenting or concealing the history of a lemon vehicle is known as "lemon laundering."


Lemon Laundering Laws and Regulations

Laws regarding lemon laundering vary widely from state to state; indeed, only 19 states mandate that a lemon's title carry a warning. Even states that have lemon laundering laws can differ in their definition of a lemon; some limit affected vehicles to those repurchased as a result of a Lemon Law claim, while others also include vehicles voluntary repurchased by manufacturers. Some consumer advocates have accused manufacturers of rerouting lemon vehicles and selling them in states that have more lenient laws about consumer notifications. Others say that manufacturers sell lemon vehicles at auction, and that unscrupulous people who purchase the lemons then resell them to unsuspecting buyers at retail prices. The result? A doubly sour experience.

In 1995, consumer groups filed a petition with the Federal Trade Commission, urging the FTC to address the problem of lemon laundering. The FTC launched the Vehicle Buyback Disclosure Project, and held a public conference where a variety of lemon laundering proposals were discussed, including one that would require manufacturers to re-register lemons that were repurchased (either voluntarily or as the result of a lemon law claim), and to make a notation that the vehicle was returned. Because consumer groups were concerned that a federal regulation would override stronger state laws and a consensus could not be reached about a strong federal regulation, the FTC did not take action on the matter.



Check Before You Buy

If you're considering buying a used car, there are a few steps you can take to protect yourself against lemon laundering. First, you can check the vehicle's history using AutoCheck or CARFAX. Both services provide a title check, odometer check, problem check, and registration check. While both services endeavor to keep up-to-date records, consumer advocates express concern that some information can still slip through the cracks. Second, you can take the VIN to a dealer and request a copy of the vehicle's repair history. Third, you can arrange for a vehicle inspection before you commit to buying it. Finally, keep in mind that, if the price of the low mileage used vehicle seems too good to be true, it probably is.



If You Have a Laundered Lemon

If you suspect that you own a laundered lemon, there are a number of avenues of legal recourse you can explore. Because different federal and state laws come into play, it's in your best interest to retain the services of a Lemon Law attorney to fight for redress on your behalf.

If the vehicle you purchased is relatively new, it may still be covered under the original manufacturer's warranty. Your purchase is also covered under the federal Magnuson-Moss Warranty Act. If you live in a state where there is a law regulating the resale of lemon vehicles, and you were never notified that the vehicle you bought was a lemon, you have cause of action on that front. If the title or other documentation didn't say the vehicle was a buyback, an express warranty exists that the vehicle was not repurchased by the manufacturer. Similarly, not disclosing a vehicle's repair or buyback history can be a violation of state Unfair and Deceptive Acts and Practices (UDAP) laws. If there are problems with the vehicle's title, they may be covered under state laws relating to the Uniform Commercial Code (UCC).

It takes a considerable amount of research to determine if a vehicle is a laundered lemon, and extensive knowledge to ascertain which legal avenue will give you the best chances of success. A Lemon Law attorney will be able to perform the necessary research and build a case that will enable you to get justice.

Express Warranties and the Lemon Law

The following information is adapted from that offered by the Federal Trade Commission at http://www.ftc.gov/bcp/edu/pubs/consumer/autos/aut03.shtm.


Over and above individual state Lemon Laws, the federal Magnuson-Moss Warranty Act standardizes express warranties and requires car dealers to disclose the terms of any written warranties provided to consumers.


Manufacturers' Warranties

A new vehicle typically comes with a manufacturer's limited warranty that covers a certain length of time or number of miles. Lemon Laws frequently come into play when the express warranty is breached. In other words, the manufacturer promises that certain components or systems will work, and if they don't, then they will be repaired. When the manufacturer (or the dealer, as the manufacturer's representative) doesn't fix a problem in a reasonable number of attempts, the warranty is breached and you may also have a Lemon Law claim.

If a used vehicle is fairly new, it may still be covered under the original manufacturer's warranty, and thus may be covered under a state's new car Lemon Law. If the manufacturer's warranty still is in effect, the dealer may include it in the "systems covered/duration" section of the Federal Trade Commission Buyers Guide that comes with the vehicle. To make sure you can take advantage of the coverage, ask the dealer for the car's warranty documents. Verify the information (what's covered, expiration date/miles, necessary paperwork) by calling the manufacturer's zone office. Make sure you have the Vehicle Identification Number (VIN) when you call.


Used Car Full and Limited Warranties

Dealers may offer a full or limited warranty on all or some of a used vehicle's systems or components. These are express warranties. Most used car warranties are limited and their coverage varies. A full warranty includes the following terms and conditions:

* Anyone who owns the vehicle during the warranty period is entitled to warranty service.
* Warranty service will be provided free of charge, including such costs as removing and reinstalling a covered system.
* You have the choice of a replacement or a full refund if, after a reasonable number of tries, the dealer cannot repair the vehicle or a covered system.
* You only have to tell the dealer that warranty service is needed in order to get it, unless the dealer can prove that it is reasonable to require you to do more.
* Implied warranties (such as the warranty of merchantability and the warranty of fitness for a particular purpose) have no time limits.

If any of these statements don't apply, the warranty is limited.

A full or limited warranty doesn't have to cover the entire vehicle. The dealer may specify that only certain systems are covered. Some parts or systems may be covered by a full warranty; others by a limited warranty.

When you buy a used vehicle, the dealer must check the appropriate box on the Federal Trade Commission Buyers Guide to indicate whether the warranty is full or limited, and the dealer must include the following information in the "Warranty" section:

* the percentage of the repair cost that the dealer will pay. For example, "the dealer will pay 100 percent of the labor and 100 percent of the parts . . .";
* the specific parts and systems - such as the frame, body, or brake system - that are covered by the warranty. The back of the Buyers Guide lists the major systems where problems may occur;
* the warranty term for each covered system. For example, "30 days or 1,000 miles, whichever comes first"; and
* whether there's a deductible and, if so, how much.

You have the right to see a copy of the dealer's warranty before you buy. Review it carefully to determine what is covered. The warranty gives detailed information, such as how to get repairs for a covered system or part. It also tells who is legally responsible for fulfilling the terms of the warranty. If it's a third party, investigate their reputation and whether they're insured. Find out the name of the insurer, and call to verify the information. Then check out the third-party company with your local Better Business Bureau. That's not foolproof, but it is prudent. Make sure you receive a copy of the dealer's warranty document if you buy a car that is offered with a warranty.


Service Contracts

Like a warranty, a service contract is an express warranty and provides repair and/or maintenance for a specific period. But warranties are included in the price of a product, while service contracts cost extra and are sold separately. To decide if you need a service contract, consider whether:

* the service contract duplicates warranty coverage or offers protection that begins after the warranty runs out. Does the service contract extend beyond the time you expect to own the car? If so, is the service contract transferable or is a shorter contract available?
* the vehicle is likely to need repairs and their potential costs. You can determine the value of a service contract by figuring whether the cost of repairs is likely to exceed the price of the contract.
* the service contract covers all parts and systems. Check out all claims carefully. For example, "bumper to bumper" coverage may not mean what you think.
* a deductible is required and, if so, the amount and terms.
* the contract covers incidental expenses, such as towing and rental car charges while your car is being serviced.
* repairs and routine maintenance, such as oil changes, have to be done at the dealer.
* there's a cancellation and refund policy for the service contract and whether there are cancellation fees.
* the dealer or company offering the service contract is reputable. Read the contract carefully to determine who is legally responsible for fulfilling the terms of the contract. Some dealers sell third-party service contracts.

If you buy a service contract from the dealer within 90 days of buying a used vehicle, federal law prohibits the dealer from eliminating implied warranties on the systems covered in the contract. For example, if you buy a used car "as is," the car normally is not covered by implied warranties. But if you buy a service contract covering the engine, you automatically get implied warranties on the engine. These may give you protection beyond the scope of the service contract. Make sure you get written confirmation that your service contract is in effect.

Implied Warranties and the Lemon Law

The following information is adapted from that offered by the Federal Trade Commission at http://www.ftc.gov/bcp/edu/pubs/consumer/autos/aut03.shtm.

Over and above individual state Lemon Laws, the Uniform Commercial Code is the basis for state laws that govern what are called "implied warranties" on new and used cars. State laws hold dealers responsible if cars they sell don't meet reasonable quality standards. These obligations — implied warranties — are unspoken, unwritten promises from the seller to the buyer. However, dealers in most states can use the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. There is no specified time period for implied warranties.

Warranty of Merchantability

The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It does not cover everything that could go wrong.

Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case.

Warranty of Fitness for a Particular Purpose

A warranty of fitness for a particular purpose applies when you buy a vehicle based on the dealer's advice that it is suitable for a particular use. For example, a dealer who suggests you buy a specific vehicle for hauling a trailer in effect is promising that the vehicle will be suitable for that purpose.

If you have a written warranty that doesn't cover your problems, you still may have coverage through implied warranties. That's because when a dealer sells a vehicle with a written warranty or service contract, implied warranties are included automatically. The dealer can't delete this protection. Any limit on an implied warranty's time must be included on the written warranty.

In states that don't allow "as is" sales of used cars, an "Implied Warranties Only" disclosure will be printed on the Federal Trade Commission Buyers Guide that is displayed in the car. The box beside this disclosure will be checked if the dealer decides to sell the car with no written warranty.

In states that do allow "as is" used car sales, the "Implied Warranties Only" disclosure will appear on the Buyers Guide if the dealer decides to sell a vehicle with implied warranties and no written warranty.

5 Tips for Finding a Mechanic

Do you dread going to see your car mechanic, or worse you don't have a regular auto mechanic that you currently have a relationship with? Do you lack the confidence in yourself or your current mechanic to properly diagnose and repair your vehicles? Do you feel "talked down to" or taken advantage of when you take your vehicle in for car repairs?

Don't worry, you are not alone. In a recent poll over 50% of American drivers said they would rather go to the dentist than take their car in for repairs. Wow! So, what can you do to protect yourself and your pocket book against a mechanic whom might not have your best interests at heart? Austin Davis, owner of www.TrustMyMechanic.com might just have your answer. Austin says "it is usually what the customer says to the mechanic or repair shop that can lead to communication errors or worse....flat out dishonesty"

You don't have to become a car mechanic yourself, but you should focus on improving communications with the mechanic and educate yourself on the basic operations and functions of your vehicle. Becoming familiar with just the basic premise of how your car functions and what to look for when there is a problem is the key to reducing your car repair expenses and frustration the next time you visit the repair shop.


5 Quick tips to help locate a mechanic or repair shop in your area.

1. Hands down the best way to find a reliable mechanic is to get references from friends, family members and co- workers. Sure you have heard that before, but did you really TALK to anyone and get a reference before you visited that last mechanic?
2. Check the parking lot of the repair shop for abandon looking vehicles or non automotive items like boats, RV's and motorcycles. This could be a tip off that vehicles were left with the shop because of inability of the customer to pay the bill. This could indicate poor communication skills or possible dishonesty of the shop.
3. Do you see any well established business vehicles routinely in the parking lot? Does the repair shop have a fleet account with a reputable company you are familiar with? This could mean the fleet manager for that company has already done his homework on this repair shop and feel comfortable taking their large fleet there for maintenance. Government and school vehicles routinely seen in the parking lot usually means the shop was the lowest bidder, and has nothing to say about quality. I would prefer quality over low prices.
4. Take your vehicle in to the shop for a quote on a repair item, like new shocks and struts or a tune up and see how you are treated. Ask them for a written quote and about their warranty terms. How are you treated? Ask them if they have a loaner car or rental car service or some way to take you back to work or home. Did you feel comfortable talking with them? Was the shop in chaos, phone ringing but no one answering them, place was a mess, poor lighting, upset customers, was there a waiting room and a clean bathroom? Would you feel comfortable staying there for 4 hours while your car is being serviced?
5. Try the shop out with a small repair item and see how they do. Go in for an oil change, tune up, fuel filter replacement or something fairly simple and straightforward. Sit in the waiting room and see how things go. Do you have to make an appointment for something simple, or can you just walk in and wait? Did they offer you coffee, did they use a floor mat inside your car, did they use a "fender cover" to keep the grease off your paint? Did they do the repair in a timely manner, was it done for the price quoted (of course you get a price quote BEFORE any work is started), do they take all forms of payment, were they courteous and really want your business? Would you go back?