Apply for customized wheelchair arbitration

A privately owned or leased customized wheelchair may be deemed a “lemon” if it has a substantial defect which still exists after four or more repair attempts, or 30 days out of service for reason of repair, by the manufacturer, durable medical equipment provider, or their authorized agent, within one year of the date of delivery.

Your application for arbitration must be delivered to the Office of Consumer Affairs and Business Regulation within 18 months of when the wheelchair was originally purchased.  Once delivered, we will send a letter back to you either 1) accepting your application and assigning you an arbitrator and hearing date, or 2) denying it and outlining the reason for it, whether it be due to how the application was filled out or the wheelchair itself.   

For purposes of this program, a customized wheelchair includes any new manual or motorized wheeled device which is adapted to meet the specific needs of a particular individual’s disability. Parents or guardians who purchase or lease a customized wheelchair on behalf of a minor may also apply.

Defects will be judged on three different standards: how it affects its use, how it affects its value, and how it affects its safety.  Applicants may choose one or more of these options. Please explain how the defect(s) affect the use, value, and/or safety.

Depending on the circumstances, the manufacturer or other party could be liable for the malfunctions of your wheelchair.  If you believe owner negligence, an accident, vandalism, or a poor third-party repair attempt was the cause of the problems, include that in the application. 

Keep good records, including those documents detailing repair attempts, dates and details of repairs, and the purchase price and other expenses.

A notice to consumers indicating the right to a refund or replacement wheelchair must be displayed wherever the customized wheelchairs are sold, offered for sale, or on display.