Lemon Law Exhibit Guide
A practical guide to organizing repair records, dealer correspondence, and warranty documents for lemon law arbitration or court.
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Label Your ExhibitsImportant: This guide is an informational resource prepared to the best of our knowledge and does not constitute legal advice for your specific situation. You remain responsible for all due diligence and ensuring that your filings conform to applicable court rules. For legal advice about your specific case, consult with a licensed attorney or your local court's self-help center.
Lemon law cases are won or lost on documentation. The Magnuson-Moss Warranty Act (15 U.S.C. section 2301) gives you federal rights when a warranted product fails, but most vehicle claims are filed under state lemon laws with stronger protections. California's Song-Beverly Act (Civ. Code section 1793.2) is among the strongest, requiring a refund or replacement after a reasonable number of repair attempts. Most states presume a vehicle is a lemon after 3 or more repair attempts for the same defect or 30 or more cumulative days out of service during the warranty period. Your repair orders, correspondence with the dealer and manufacturer, and out-of-service records are what prove the pattern. This guide covers what to collect and how to organize it.
Document Checklist
Repair records
- Repair orders (every visit)
Include visits where the dealer said "could not duplicate" -- those count as repair attempts
- Service invoices
Itemized invoices showing dates, mileage, complaint, and work performed
- Out-of-service log
Dates the vehicle was at the dealer with cumulative total calculated
- Independent mechanic report
Diagnosis from a non-dealer mechanic confirming the defect
Purchase and warranty documents
- Purchase or lease agreement
Full contract with purchase date, price, and mileage at delivery
- Manufacturer warranty
New vehicle limited warranty with coverage terms and mileage caps
- Extended warranty or service plan
Any additional coverage purchased at the time of sale
- Window sticker (Monroney label)
Original vehicle specifications and MSRP
Correspondence
- Written complaints to the dealer
Letters or emails describing the defect and requesting repair
- Written complaints to the manufacturer
Correspondence with the manufacturer's customer relations department
- Manufacturer responses
Replies received -- or documented lack of response
- Demand letter
Formal demand for refund or replacement (required in many states before filing)
- Phone call log
Dates, names, and what was said during phone conversations
Defect documentation
- Photos of the defect
Visual evidence with dates and mileage noted
- Videos of the defect
The defect in action -- engine noise, warning lights, stalling
- Dashboard warning screenshots
Warning lights or error codes with dates and mileage
- Technical service bulletins (TSBs)
Manufacturer bulletins acknowledging the defect in your model
- Recall notices
Safety recalls related to your issue, if any
Common Mistakes to Avoid
- 1Not keeping every repair order -- even visits where the dealer "could not duplicate" the problem count toward your repair attempts in most states
- 2Failing to send the manufacturer a written demand letter before filing (required in many states as a precondition)
- 3Not tracking cumulative days out of service with specific dates -- estimates are not evidence
- 4Accepting verbal promises from the dealer instead of getting repair commitments in writing
- 5Waiting until after the warranty expires to take action when the defect first appeared during coverage
Organization Tips
- Create a chronological timeline of every repair visit: date in, date out, mileage, complaint, and result
- Group repair orders by defect type -- if the same problem recurred three times, that pattern is your case
- Put the purchase agreement and warranty first so the arbitrator sees coverage dates immediately
- Calculate total days out of service on a summary page and highlight the number
- Include any TSBs or recalls for your defect -- they prove the manufacturer knew about the problem
- Save text messages and voicemails from the dealer. Screenshots with timestamps are admissible evidence.
Courtroom Preparation
- Lemon law arbitration is less formal than court, but organized exhibits still make or break your case
- Lead with the pattern: "four repair attempts for the same transmission shudder" is stronger than a chronological narrative
- Know your state's presumption threshold -- most use 3 attempts for the same defect or 30 cumulative days
- Bring the vehicle's current mileage and be ready to discuss when the problem first appeared
- If the manufacturer argues you caused the defect, your maintenance records rebut that claim
- Some state lemon laws allow attorney fee recovery, which makes contingency representation more available
- The burden of proof shifts to the manufacturer once you meet the presumption threshold -- make sure your evidence clearly shows you met it
Frequently Asked Questions
How many repair attempts make my car a lemon?
Most state lemon laws presume a vehicle is a lemon after 3 or more repair attempts for the same defect, or 30 or more cumulative days out of service during the warranty period. California's Song-Beverly Act (Civ. Code section 1793.2) uses a "reasonable number of attempts" standard. The federal Magnuson-Moss Warranty Act (15 U.S.C. section 2301) provides a backstop but has no specific attempt threshold.
Does a "could not duplicate" visit count as a repair attempt?
Yes. In most states, a visit where you reported the defect and the dealer attempted to address it -- even if they said they could not duplicate the problem -- counts as a repair attempt. Keep every repair order, including these. A pattern of "could not duplicate" entries for the same recurring complaint is itself strong evidence of a defect the dealer cannot resolve.
Do I need a lawyer for a lemon law claim?
You can file without one, but lemon law attorneys typically work on contingency because both the Magnuson-Moss Act and most state lemon laws allow recovery of attorney fees if you win. This means you often pay nothing out of pocket. Whether you use an attorney or go it alone, organized repair records and correspondence are what win these cases.
What is the difference between state lemon law and the Magnuson-Moss Act?
State lemon laws typically apply only to new vehicles and have specific presumption thresholds (3 attempts, 30 days). The Magnuson-Moss Warranty Act (15 U.S.C. section 2301) is federal, applies to any warranted consumer product, and allows claims in federal court if the amount exceeds $50,000. Most vehicle claims are filed under state law because the presumptions are stronger and the process is faster.
Can I get a refund or do I have to accept a replacement?
Most state lemon laws give the manufacturer the choice of refund or replacement, though some states let you choose. A refund typically includes the purchase price, taxes, registration fees, and incidental costs like towing and rental cars. The manufacturer can deduct a mileage offset for miles driven before the first repair attempt. Check your state statute for the specific formula.
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