National Center for Dispute Resolution: Questions and Answers

  1. Are the Arbitrators Impartial   The arbitrators are selected by the manufacturer.  Some believe that if they found for the consumer on anything more than an occasional basis, their appointments would be eliminated.  From our experience, sometimes strong cases with serious problems have been rejected.
  2. Is the process complicated   No, the process is relatively straight-forward and a hearing is scheduled.

3.  Can I produce evidence at the hearing.  Yes, the arbitrator will allow  the
consumer to provide evidence, documents and testimony.  However, while much of
the material you think will be persuasive, the NCDS arbitrator will find otherwise.
Say your car malfunctioned twice and you are now worried about you and your
family’s safety.
4.  I have located some material indicating there is a common problem with this case,
and I have the required number of repairs, so am I right that the case should be
open and shut.  No, many seemingly strong cases are decided for the manufacturer
on  various grounds.

5. Why does the manufacturer tell me to use this process.  It has an advantage in
selecting the arbitrator and many times, the consumer will be present without a

6. Are legal fees recoverable if a lawyer is used.  Unfortunately not, but sometimes, it
makes sense to try to secure a refund rather than lose the case.  A lawyer may also
recommend a court proceeding instead of or in addition to the NCDS proceeding.

7. How is the decision rendered.  A written decision is provided but in the large majority
of cases, it is decided for the manufacturer.


Call 973-598-1980 for a Free Consultation on Your NCDS Claim


Lemon law claims lady

The lemon law is an administrative proceeding which allows a purchaser of a defective vehicle to receive a refund or new vehicle. Under the New Jersey lemon law, the purchaser must prove the following:
The same problem has been repaired three or more times, the existence of the problem affects the use, value, or safety of the vehicle, the problem persists after the manufacturer’s last chance repair. and te problem meets the lemon law mileage criteria.

Even if these criteria are not met, the consumer may file a claim for breach of express warranty (failure to fix the car under the warranty), breach of implied warranty (vehicle is not reasonably fit), or consumer fraud, (deception in the sale).

This site or will contain the following,

1. Listing of decisions under the New Jersey Lemon Law, New York Lemon Law, and other state laws.

Broken car2.

2. Cases involving sale of salvage vehicles, misrepresentation in car sales, finance company fraud, and other wrongdoing.

3. Discussion of consumer laws that impact defective car claims such as the Truth in Lending Statute

*Cases may vary and need to be individually evaluated and this site should not be viewed as legal advice on an assessment of a particular claim.


Law Office of Howard A. Gutman
230 Route 206, Suite 307
315 Madison Avenue, Suite 901
New York, New York 10007
(973) 598-1980, fax (973) 531-4110

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