Am I required to go through arbitration before pursuing a Lemon Law claim?
The California Lemon Law does not require the consumer to participate in arbitration that may be offered by the vehicle manufacturer in order to pursue a Lemon Law claim. However, you may have to resort to the arbitration process if the California Lemon Law does not apply (such as an out-of-state transaction) or if you are bound to arbitrate your claim under contract. However, arbitration clauses of contracts are not always enforceable. Also, all statements made before and during the arbitration may be admissible in later litigation should your case not resolve in arbitration. It's like the Miranda warnings given by law enforcement prior to an arrest, anything can and will be used against you later in a court of law. One should always consult with an attorney prior to going through arbitration or even completing the paperwork to initiate the arbitration process.