Question #2: “Don’t They Have To Take It Back?”
(Transcribed from Audio Recording.)
This is a very common misconception about how the law works. The example I have often used is in the criminal law settling which most people are familiar with from watching TV. As we all know, someone is not put in jail until the state proves they are guilty beyond a reasonable doubt. We have all heard that right? So even if someone you knew committed a crime and “everyone knew it,” unless they willingly confess and agree to the penalties, the case against the Defendant must still be proven before they are penalized or put in jail.
Although a lemon case is not a criminal case, the same judicial system governs the process. Just because it is crystal clear to you that the Manufacturer of your vehicle has not done what you expected them to do or that they promised to do in their warranty, they don’t have to “take it back.” There are only three ways this will happen:
- They agree to take it back with little or no argument; or
- You put enough pressure on them that eventually agree to take it back; or
- You prove that you are right in a court of law and they are forced to.
So, unless they willingly agree to do something in step 1, you will have to mount some type of pressure, as in step 2. The most effective way I have seen to put enough pressure on them to help you is by using the legal system. And the way most people use the legal system is by using a lawyer.