Lemon Law Attorneys
Lemon Law Attorneys for New & Used Cars: What Counts as a "Lemon" Under Florida Law?
Purchasing a car should be a fresh experience, not the start of a never-ending journey through repair shops. But every year in Florida, new car owners find out that the new car they purchased has some defects that cannot be fixed. In cases like these, it is crucial to know your rights and have attorneys with knowledge of Florida Lemon Law.
Lemon law provides protection for consumers against receiving a defective product, but sometimes it may be difficult to define what is protected and what isn’t. That’s why we’ve prepared this guide for you.
Understanding Florida's Lemon Law Basics
The Motor Vehicle Warranty Enforcement Act of Florida, popularly called the Lemon Law, covers vehicles that have been bought or leased in Florida. In the event of a substantial defect in the car that cannot be rectified within a reasonable period of time, while the car is under warranty from the manufacturer, the law allows for either a refund or replacement.
What is important here is the term “substantial” since a squeaky door hinge or even scratches on the car do not apply. What is necessary is that the defect should significantly interfere with the vehicle’s functionality or its value.
Years of Combined Experience
What Actually Makes a Vehicle a "Lemon"?
In general, a car is considered a lemon in the following cases:
- When the problem has been reported several times, usually at least three times, but has not been corrected.
- When the car has been out of use for repairs for a total of at least 15 days.
- When the problem makes the car unsafe or unsuitable for its purpose.
- When the problem has been reported to the manufacturer or dealership while the car is still under warranty, it is not possible to be charged.
Documentation is very important in such cases. The records of repair services are one of the main factors that prompt people to consult an attorney.
New Cars vs. Used Cars: Does the Law Treat Them Differently?
The Florida Lemon Law has been crafted mainly with new and demonstrator cars in view because these kinds of cars usually have a warranty from the manufacturer. Used cars purchased ‘as-is’ from a private seller do not normally qualify under this particular legislation.
Steps to Take If You Suspect You Have a Lemon
In case your car constantly comes back to the dealership or repair shop with the same fault, do the following:
- Save all documents regarding repairs: invoices, work orders, and descriptions of the reported problem.
- Inform the manufacture about it because sometimes warranties need to receive a written notice first.
- Note how many days the car did not work; write down precise dates when you were unable to use it.
- Don't sign anything that will limit your rights. Sometimes dealerships' goodwill programmes include such information that might influence your rights in court.
- Seek advice from a specialist. Sometimes a claim cannot satisfy the statute.
When It's Time to Call an Attorney
However, not all repeat car problems call for the help of a lawyer, but once your problem has undergone several repair services and has begun to impact your everyday activities, it may be a good idea to get professional advice. Lemon law attorneys will review your repair history, determine if your car is a lemon, and negotiate with the manufacturer for you.
Final Thoughts
Having to put up with a faulty new car is never an easy experience, but in Florida, you can take steps to protect yourself against lemons. Being aware of what makes a car a lemon, documenting everything properly, and knowing the difference between protecting oneself from a brand-new and secondhand lemon can literally make or break the entire process. If you need any help with your situation, contact us today!
A lemon car might have an effect not only on your ability to use your warranty rights but also on your ability to sell the car.
Frequently Asked Questions
Usually, there are three or more attempts to repair the same problem that fail, although the amount varies depending on severity.
Not usually, unless there is still a part of the factory warranty remaining on the car.
Consumers can potentially receive a new vehicle, repayment of the full purchase price of the car, or another compromise agreement.
Yes, we need to make claims within the timeframe of the car’s warranty coverage. So, the need for speed is important.
No, but an attorney can make a much better case for success if there is any question as to the validity of the claim.
Any loss of value can be added to the Lemon Law claim.
Contact Car Value Law today for a free consultation with a Florida lemon law and diminished value attorney.
How Car Value Law PLLC Can Help
We review your claim and negotiate with the manufacturer to secure the refund, replacement, or compensation you deserve for your new or used vehicle. If necessary, we are experienced and ready to file suit in court.
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(941) 337-1574
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info@carevaluelaw.com
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