Consumers tend to fare slightly better in cases handled by the Better Business Bureau, and fare best of all under state-run arbitration procedures. An early 1990s survey of three states with state-run arbitration found that consumers were awarded a full refund or replacement car in at least half of the cases. Many states make the arbitrator's decision binding on the manufacturer but not on the consumer. During arbitration automakers frequently argue that the consumer abused the car or failed to service the vehicle properly, or that the defect does not substantially affect the car's safety or value. For this reason consumers should save all documentation about a vehicle, as well as keep meticulous records of any service problems.
States vary on whether the manufacturer or the consumer chooses the remedy.
Some states also provide that the manufacturer reimburse the owner's attorneys' fees and costs for bringing the lawsuit. Used-car purchasers must also be wary of lemons. Once a lemon has been repurchased by the manufacturer, either voluntarily or pursuant to an arbitrator's or judge's decision, scant protections prevent its resale elsewhere. States vary greatly on how much information must be disclosed to subsequent purchasers. Some states require the title of a lemon to carry a notation reflecting the lemon status.