Eligibility Requirements

Demand For Arbitration will be docketed for a hearing when it is completed in full, accompanied by the information requested within the Enclosures Checklist and submitted per the Filing Instructions. The claim will be returned if applicable enclosures are omitted. Please remember the preparation and presentation of the case is your responsibility.

Minimum Eligibility Requirements

  • The vehicle was purchased or leased in Vermont or is registered in Vermont.
  • At least the first repair attempt for the claimed defect(s) was covered by the manufacturer's express warranty for a "three-times-out" claim.  Additional repair orders may occur after the warranty expires by time or mileage and will be considered towards demonstration of reasonable repair.
  • The defect(s)/condition(s) is present as of the date of filing for a "three-times-out" claim.
  • All repair orders must be completed within the manufacturer's express warranty for a "30-days-out-of-service" claim. A symptom does not have to be present on the day of filing.
  • The gross vehicle weight rating (GVWR) for a truck cannot exceed 12,000 pounds. Refer to the GVWR label on the inside edge of driver's door or obtain in documentation from manufacturer or dealer.
  • A business or commercial enterprise may have a maximum of two registered or leased vehicles.
  • Vehicles within a government entity are not covered under Vermont's lemon law.
  • A vehicle finance account must be current as of the date of the hearing.
  • A consumer is precluded from filing through the State of Vermont if the manufacturer's dispute settlement mechanism is elected. This third-party option is usually referenced in the owner's manual.
  • A claim must be filed within one year after expiration of the manufacturer's express warranty by time or mileage, whichever occurs first.

Related Forms & Information

FAQs

The Consumer's Repair Summary For A 3-Times-Out Claim will help you organize the repair history when filing under the "3 times out" provision.

3-Times-Out Claim (Filing Method A):

  • A Demand may be filed after the manufacturer/authorized dealer has had reasonable opportunities to repair a warranted defect(s). The lemon law presumes that three unsuccessful repair attempts meet this requirement. The first attempt must occur within the manufacturer's express warranty.
  • A consumer filing with fewer than three repair attempts must convince the Board that the manufacturer was allowed a reasonable opportunity to repair. This could be for a safety-related defect/condition, if the dealer/manufacturer presents the condition is characteristic and no repair is needed, or for other reasons.
  • The symptom of a claimed defect(s) must be present as of the date of filing.
  • Please review the eligibility requirements prior to filing and enclose the requested supporting documentation, which must be received prior to the scheduling of a hearing.

30 Days Out-Of-Service Claim (Filing Method B):

  • A Demand may be filed after a vehicle has been out-of-service for multiple days by reason of a reasonable number of repairs within the manufacturer's express warranty.
  • The lemon law presumes that a reasonable number of repairs have been made when the vehicle has been out-of-service for 30 calendar days.
  • A consumer may file with fewer than 30 days out-of-service but must demonstrate why the Board should accept fewer than 30 days as being reasonable.
  • "Out-of-service" is defined as the vehicle being unavailable for the consumer's use for a major portion of the day (4 hours or more) while being under the control of the manufacturer, its agent or authorized dealer.
  • The 30 days may be cumulative or consecutive.
  • Please review the eligibility requirements prior to filing and enclose the requested supporting documentation, which must be received prior to the scheduling of a hearing.
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Vermont Department of Motor Vehicles
120 State Street
Montpelier, VT 05603-0001

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