Current through Register Vol. 56, No. 18, September 16, 2024
(a) The refund
claimed by a consumer pursuant to section 4(a) of the Lemon Law, whether
through the Division of Consumer Affairs automotive dispute resolution system
or a manufacturer's informal dispute resolution process, shall include:
1. The total purchase or lease price of the
motor vehicle including finance charges, sales tax, license fees, registration
fees, and any stated credit or allowance for the consumer's used motor vehicle,
provided that:
i. The full refund of purchase
price that may be claimed by a consumer under section 4(a) shall not include
any portion of a stated credit or allowance for the consumer's used motor
vehicle that grossly exceeds the true value of the consumer's used motor
vehicle.
ii. During the Office of
Administrative Law hearing, a manufacturer may challenge the stated credit or
allowance for the consumer's used motor vehicle. The manufacturer shall bear
the burden of proof, and shall provide evidence that the purchase price
included a trade-in allowance grossly disproportionate in amount to the true
value of the consumer's used motor vehicle. Such evidence shall include, but
not be limited to, the value of the motor vehicle as listed in the N.A.D.A.
Official Used Car Guide.
2. The cost of any options or other
modification arranged, installed or made by the manufacturer or its dealer
within 30 days after the date of original delivery.
3. Other charges or fees, including, but not
limited to:
i. Reimbursement for towing, if
any;
ii. Reimbursement for actual
expenses incurred by the consumer for the rental of a motor vehicle equivalent
to the consumer's motor vehicle for the period during which the consumer's
motor vehicle was out of service due to a nonconformity;
iii. Filing fee for participation in the
Division's dispute resolution system; and
iv. Reimbursement for reasonable attorney's
fees, fees for expert witnesses and costs.
(b) From the total sum of the items in (a)
above, a deduction shall be made, representing an allowance for vehicle use.
This deduction shall be calculated as follows:
1. Multiply the mileage at the time the
consumer first presented the motor vehicle to the dealer or manufacturer for
correction of the nonconformity(s) in question by the total purchase price of
the vehicle (or the total lease price, if applicable), then divide by 100,000
miles.
(c) In the case
of an authorized emergency vehicle, the manufacturer, co-manufacturer or
post-manufacturing modifier shall provide the consumer with a full refund of
the purchase price of the original emergency vehicle, depending on the source
of the nonconformity, including any stated credit or allowance for the
consumer's used emergency vehicle, as well as any other charges or fees,
including, but not limited to, sales tax, license and registration fees,
reimbursement for towing and reimbursement for actual expenses incurred by the
consumer for the rental of a substitute emergency vehicle, if applicable, for
the period during which the consumer's emergency vehicle was out of service due
to the nonconformity.
