Lemon
Law... Securing proper warranty repair
documents
One
of the most challenging aspects of our
lemon law firm reviewing a potential lemon
law claim is when the new client does not
have all or part of their warranty repair
documents. The next is properly worded
warranty repair documents.
We will take a look at the 4 different
documents which are relative to a
California lemon law case.
-
The
“Repair Order”. This the more
commonly known as the “write-up”
copy at the dealership. The Service
Advisor asks you what your complaints
are, and (hopefully) he enters them
into the service computer as you have
dictated it. The “Repair Order” is
also given to customer to review for
accuracy prior to signing it. It is
after the signature that a copy is
given to the customer.
-
The
“Repair Invoice”. This is the
single most important documents for
your “warranty repair” file to
keep at home. This “Repair
Invoice” is the copy the dealer
gives you that “closes out” or
“completes” the repairs for that
visit. It will have “miles in/miles
out”, as well as “date in/date
out” It will also have in text what
diagnosis/repairs, etc. were performed
on your vehicle.
-
The
“Service Drop of Form”. THIS is a
consumer “no-no”. This is simply a
form that the customer OR service
advisor hand writes with customers
complaints. This is not an official
warranty repair order document, and
likely will not generate a “repair
order invoice” when the consumer
goes back to pick up his/her vehicle
after repairs are completed. The # 1
cause for a consumer saying “I
don’t have any record of that
repair”. Demand a “Repair Order”
and a “Repair Invoice” for every
service visit with your vehicle.
-
The
“Warranty Repair History”
printout. Every dealership links, via
computer, to the manufacturer. There
is database on every car, by VIN
number (Vehicle Identification
Number). Any service advisor or
manager at a dealership can enter your
“VIN”, and produce a plain paper
printout of your vehicle’s entire
warranty claim history. This is
available in two versions – the
“summary” and the “complete”
version. You do not want the
“summary”, you want the expanded
“complete” warranty repair
history. If you can only get the
“summary”, it’s better than not
having anything at all. If the Service
Advisor will not produce it, see the
Service Manager or Director of
Service. You are entitled to the
warranty history on your vehicle. You
may likely be required to produce a
drivers license and current vehicle
registration in order to prove you are
the owner of the vehicle.
There
are many potential pitfalls to getting
properly written/executed repair
documents. Here is a “quick reference
list” that will help you later on in any
potential “lemon law” action.
-
Always
have the Service Advisor write up the
Repair Order in your worded
description of the symptom.
-
Always
review the Repair Order before signing
it.
-
Always
get a signed copy of the Repair Order.
-
Politely
refuse hand written “Service Drop
off Forms” that are offered to you.
Request a “Warranty Repair Order”
to be completed for your signature.
-
If
a dealer calls you and says “come
pick up your car, we are going to hold
the repair order open while parts are
on order”, do not pick up the
vehicle until they “close out” the
present repair order via and give you
a “Repair Invoice”. This dealer
tactic makes 2 repairs into 1, thus
decreasing the number of “repair
attempts” as recognized by our
California lemon law. Always ask the
dealer if he/she has your “Repair
Invoice” ready before you go to pick
up your vehicle. If there are parts on
order for your vehicle, and the dealer
does not want to “close out” the
repair order, simply tell the dealer
to list the “SOP” (special order
parts) as “special order parts -
customer to return when parts
arrive”. That will do it.
-
You
need to inspect the “Repair
Invoice” for accuracy. Did the
dealer have the correct number of days
referenced in the “date in/date
out” section, memorializing the
correct number of days your vehicle
was down for warranty repairs? You,
the consumer, must “police” your
Repair Invoices for accuracy, and have
the dealership re-print it with
corrections made. Another way is to
have them hand-write it on the Repair
Invoice, and add their signature and
date.
Remember,
a dealership is not required to reproduce
"Repair Order" invoices for you
simply because they are lost, misplaced,
etc. It
is the responsibility of the consumer to
get a keep good warranty repair
documentation.
For
more information on obtaining and storing
Warranty Repair documents, please visit
this web site: www.CaliforniaLemonLawInformation.com
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