First and foremost we need to review your buyers order.
Then any and all repair orders that you are given after your vehicle has been in for repair.
If you have a list which shows when you took the vehicle in to the dealer, this is extremely helpful.
The ultimate relief in a Lemon Law Case is your money back or a new car. This is known as a “buy back” or a “repurchase.” When that occurs, the defective vehicle is returned to the manufacturer or used car dealership.
In some cases the consumer obtains compensation in the form of a partial refund with continued ownership of the car.
Laws are complicated and you need a trained skilled lawyer representing you.
The manufacturer will be represented by an attorney why would you want to represent yourself with your second biggest purchase without an attorney?
Most State’s Lemon Law provides that manufacturers may set up arbitration programs. These programs receive consumers’ complaints and are designed to assist in resolutions.
If the manufacturer has such a program and it is certified by the Attorney General, then the consumer’s case may need to proceed through such a program.
However, not all the manufacturers have such certified arbitration programs and many times the vehicle is ineligible for arbitration due to age or mileage, per the arbitration programs’ own rules. In those cases, the consumer may have other options without resorting to the arbitration procedure first.
If you think you have a lemon vehicle you should seek legal help before doing anything else.
If you purchased a vehicle and we’re not told of any of the following please contact us.
- Prior history of mechanical problems known to the seller and not disclosed to the buyer.
- Previously Salvaged or Wrecked and not disclosed to the buyer.
- Rolled back odometer not disclosed to the buyer.
- Previous Rental car, police car, taxi, ride sharing vehicle not disclosed to the buyer.
- Previous Stolen car and rebuilt; not disclosed to the buyer.
- Previous flood damage not disclosed to the buyer.
Laws that offer a solution for people with purchased consumer goods (such as cars) – so that they can be compensated if those goods fail repeatedly to meet performance and quality standards – are referred to, in America, as lemon laws.
Specifically, Florida’s lemon law says that a “lemon” is leased or purchase, demonstrator or new motor vehicle, possessing nonconformities that the dealer or manufacturer has not – after a reasonable number of attempts at repair – been able to fix. Nonconformity must be a condition or defect by which the vehicle’s use is substantially impaired.
If at least three unsuccessful attempts were made by the manufacturer or authorized service center to fix a warranty covered problem, these are looked upon by Florida law as the above-stated “reasonable number of attempts at repair”. If your vehicle is out of service for a cumulative total of 30 days because of the efforts to repair the problem, your vehicle can be presumed to be a lemon. For recreational vehicles, it is 60 days.
Depending on which you choose, the manufacturer will have to either refund the full purchase price or replace your vehicle if it is deemed a lemon. Both remedies include related reasonable expenses and manufacturer’s payment.
You may be helped by Florida’s lemon law if:
- You gave one final chance to the manufacturer to address the issue.
- After reasonable attempts, your car’s deficit hasn’t been fixed by the dealer or manufacturer.
- You have a right to use the warranty.
- Your vehicle doesn’t conform to an express written warranty by the manufacturer.
- The vehicle is used by you primarily for household, family, or personal purposes.
- A Florida dealer or the first Florida-owner of the car is the person from whom you leased or purchased it.
The law only covers cars sold as new or demonstrator vehicle.
Florida’s Lemon Law only applies to NEW or demonstrator vehicles sold in the state of Florida. New or demonstrator vehicles that are leased in Florida are also covered, if they are lease-purchased, or if the lease is for one year or more and the lessee is responsible for taking the vehicle in for repair. If the vehicle is transferred directly from one consumer to another during the first 24 months after delivery to the original consumer, and both consumers use the vehicle for personal, family or household purposes, the consumer to whom the vehicle is transferred may be covered under the Lemon Law.
The Lemon Law Does NOT Cover:
- Trucks weighing more than 10,000 pounds gross vehicle weight;
- Off-road vehicles;
- Vehicles which are purchased for purposes of resale;
- Motorcycles and mopeds;
Technically speaking, if a vehicle has been deemed a lemon, the problems involved must be reported to an authorized service agent (dealer) or to the manufacturer during the Lemon Law Rights Period. This period of time applies after the date of motor vehicle delivery to the consumer consisting of no more than 24 months. If within that time the problem is reported, the proper number of attempts have been made to fix the issue, and the nonconformities still exist, the lemon law will be in effect. The rights of the purchaser would be protected by this Act. The seller or manufacturer would be required to either replace the vehicle or refund the full purchase price.
A dilemma for an attorney, and a question for the customer, will be the determination of what course can be taken if the Lemon Law Rights Period has expired. The answer to this predicament can depend on several factors – one of which is fraud.
Is there a fraud case involved? You may have a case against the seller of the vehicle if they have been involved in the fraudulent sale of your vehicle. The following could constitute fraud:
- Inoperative or missing safety systems such as antilock braking systems, airbags, etc.
- The vehicle cannot pass inspection.
- Nondisclosure of prior substantial accidents.
- Deliberate concealment of material defects.
- Odometer tampering or rollbacks.
Note: Typically, because the manufacturer’s warranty is not the same as an extended service contract, lemon law rights are not extended or prolonged by an extended service contract. The Act deals only with (and exclusively represents) consumer versus manufacturer rights.
The bottom line is this – if you’re getting close to the end of your allotted filing time, and even if you’re within limits, your best bet is to hire a reputable attorney who is experienced in lemon law cases.
Lemon laws are America’s way of protecting the consumer. They apply to most any purchased consumer goods, though they are typically associated with cars, trucks, RVs, motorcycles, etc. When a product has failed repeatedly to meet performance and quality standards, and all other applicable considerations are in effect, lemon laws protect individuals who purchased the goods or products.
Where cars are concerned, it must be a leased or purchased vehicle that has exhibited nonconformities that the dealer/manufacture has repeatedly been unable to fix. Reasonable attempts must have been made and the car must be deemed unusable due to the problems that exist.
In this case, the purchaser would be entitled to a full refund of the purchase price or vehicle replacement.
However, more than just cars, trucks, etc. are covered by the lemon law. As suggested above, general consumer goods (in many cases) are covered, as well. These goods can consist of anything from animals to small electronics. If the purchased goods came with a warranty, cost more than $25, and have showed repeated failure, they could be covered under the lemon law. The purchaser must read their warranty very carefully, however. Manufacturers are allowed to designate warranties as being either “Limited” or “Full”. This designation must be clearly stated in no uncertain terms.
Here, once again, if the product is deemed a lemon, a full refund of the purchase price or replacement of the specified goods is required.
In either of the above stated cases, the purchaser may need to go in front of a judge if they want their lemon law rights represented and enforced. In this case, the purchaser may also be entitled to reimbursement of court costs and attorney fees. Hiring an attorney who is well-versed in lemon laws and experienced in lemon law cases is advisable.
First things first – what is the lemon law? Let’s take a look at the lemon law as it applies to motor vehicles such as cars, trucks, RVs, motorcycles, etc., just for the purpose of explanation.
Here, the lemon law states that if a vehicle is deemed a lemon, is leased or purchased, is a demonstrator or new, and has had nonconformities that the dealer/manufacturer is not able to fix, the consumer will be entitled to either a refund of the full purchase price or replacement of the vehicle. For the lemon law to apply, however, a substantial number of attempts must have been made to remedy the situation and the car must be deemed unusable as a result of these nonconformities.
To prove that a vehicle (or some other consumer goods) are eligible for the lemon law to apply, it’s a good idea to have a copy of the manufacturer’s warranty and all receipts pertaining to repair services rendered. Your best bet, should you need to pursue a lemon law case, is to hire an attorney who is not only knowledgeable of the lemon law, but experienced in such cases.
All of that said, the lemon law applies to more than just vehicles. Basically, it applies to most all consumer goods. This can include everything from animals to small electronics. In the case of a product other than a vehicle, the consumer goods must repeatedly show signs of failure, have come with a warranty, and must have cost more than $25. Once again, if the product has failed to live up to standards and requirements, or has repeatedly but unsuccessfully been repaired, the lemon law would apply. The consumer would be entitled to a refund of the full purchase price, or the product/goods would need to be replaced.
Many people are extremely concerned about the entire duration of a lemon law settlement and this is understandable. If you currently face frustrations and problems with a lemon vehicle, it is clear that you would not want any additional stress that lawsuit can cause. The answer to how long the duration of a lawsuit actually depends on the strength of your case and the amount of compensation in money that you ultimately want to receive from your lemon law claim. It is hard to have a proper estimate as to how long your Florida lemon law claim might take. This is because it is largely dependent on the willingness of the manufacturer or car dealer to agree to settling your case. It is the truth that there is nothing any attorney can do to force a manufacturer to settle against their own will.
However, after reviewing many cases of lemon law lawsuits, if you happen to have a strong case that is in tune with the Florida lemon law, and if you would be willing to receiving a lemon law buyback, the process would definitely become more streamlined because the car manufacturer would almost always be willing to settle your claim this way immediately. For the case of a buyback, you can have the entire process settled in almost three weeks. This is not to say that vehicle manufacturers like to pay for buybacks if they do not have to. This means that if you do not have a sufficiently strong case, the manufacturer will most probably try to claim that it is not required by law to buyback your lemon vehicle, while trying to litigate your lawsuit. This will take up more time and potentially delay your settlement.
Call us and we will advise you what to do.
If you want to find out whether your car qualifies for the lemon law, the last person you would want to ask is your car dealer. If your car or vehicle is indeed a lemon, it would mean that it is protected by the lemon law. In this case, your dealer or manufacturer would have to dish out money and resources in order to compensate you either with money or a replacement of the car. Either way, your dealer would not be incentivized to tell you the truth about your car. Thus, it is important to do proper research on your car dealer before even making a purchase.
If you do not want to rely on your dealer for such information, then it would be wise to know the coverage of the Florida lemon law and how your vehicle can qualify as a lemon. It is important to know that the lemon law covers defects called non-conformities that can impair the functions of your car and reduce its value. These non-conformities can cause major safety hazards that leave the consumer injured or even dead, forcing them to send the vehicle for repair. In order to make a lemon law claim, these defects of the car must be reported to the manufacturer during the lemon law rights period. This is within 24 months from the date of delivery of the vehicle to the customer. Furthermore, if your dealer does not abide by the warranty after the car being sent for repair multiple times, then they are required by law to buy back the defective vehicle and either give the consumer a lump sum of money or offer a replacement vehicle.
The car must be purchased in Florida however in certain circumstances the purchase could have been out of state and still qualify. Call me to discuss.
Recovering an amount under the lemon law varies depending on the situation or the listed reasons as to which an owner files a claim. There are various processes considered, and the extent of the defect needs to be identified before getting a considerable amount out of it.
There is such a thing as a lemon buyback. This is when the manufacturer would repurchase the vehicle once it has been identified as a lemon. With this, the manufacturer refunds all the money you spent concurrent with the purchase or lease of the vehicle. The amount covers the down payment, as well as all monthly payments you have made during your ownership of the ride. This also includes tax and all other finance charges, as well as the pro-rated portion of the registration fee.
A usage fee is deducted from the total. This covers the value for the time with which the car was used without any trouble at all. Reimbursement will also be given for all consequential expenses that you incurred as a result of the lemon, among them are towing service expenses as well as car rentals. The remaining balance of the loan pertaining to the vehicle will also be fully paid by the manufacturer.
There are cases when you may also opt to get a new car instead of getting a refund. In that case, there is a need to make arrangements with the manufacturer. You will need to pay the cost of the vehicle less all the amount you have spent on the lemon car, after considering other factors in between.
The manufactuer has there own lawyers do you want to do it without legal representation?
Claiming for a refund, or getting a new vehicle out of a lemon law case, are among the options you have when you find out that you own a lemon car. Basically, sending the car in for multiple repairs of the same issue is a good basis to file for a claim. This entitles you to what is called a lemon law buyback.
A lemon law buyback is one where the vehicle is reacquired by its manufacturer, which is brought about by warranty defects specifically presented by the buyer. Note that the vehicle qualifies for a lemon law buyback only when it has been registered in the manufacturer’s name before it was sold to the public.
Once the manufacturer repurchases the vehicle, the company is required to pay the previous owner the buyback amount. This includes several factors, namely:
- Down payment made for the vehicle, as well as the monthly payments the previous owner made, including the remainder of the loan. Any late fees or penalties made by the consumer and have accrued under the loan terms are not a responsibility of the manufacturer.
- Transportations charges incurred during the purchase of the car. This covers all charges for items installed either by the manufacturer or the authorized dealership. All non-manufacturer items installed by the dealership, by you, or any other party, is not covered in the buyback.
- Sales tax, licensing fees, registration fees, and all other official charges the owner paid when he or she originally bought the vehicle must also be included.
From the above factors, usage fee will be deducted. This represents the mileage reached by the car before it was presented for repair the first time.
Legal presumption is a crucial part of lemon law. Before one even purchases a used vehicle, he or she must understand what is embodied in lemon law presumption. This is simply a rule of law where the court is allowed to assume that something is true as based on the evidence available to them. It is based on facts which are then applied to logic, reasoning, individual rights, and laws. Once the legal presumption is established, the defense has the responsibility to disprove it.
Lemon law presumption vary from one state to another, but you can use the presumption that the vehicle is a lemon if it is still under the original warranty, and is within 18,000 miles or 18 months of your lease or purchase when any of the following happens:
- The manufacturer or dealership repaired the vehicle at least twice because of a safety problem which can lead to serious injury or even death;
- The vehicle has been out of service at the dealership for at least 30 days, for all defective parts that are still under warranty; or
- The dealership tried to repair the lemon for four times or more for the same issue that it encounters.
The reasons above are enough for the vehicle to be presumed as a lemon. This will be used by the judge on the case to inform the jury that you have successfully presumed that the manufacturer or dealership has had all the time to reasonably repair the vehicle. The burden of proof will then be passed on to the shoulders of the manufacturer or dealership to disprove this presumption.
State and federal lemon laws exist to protect consumers who accidentally purchased or leased a lemon car. Making the most out of this law means hiring a skillful lemon law attorney. Many are concerned about the cost that comes with this.
Experienced lemon law attorneys are expected to understand the ins and outs of the entire process. They guide you effectively when making a claim until such time when you have received the proceeds out of the endeavor. Several times, you may have heard of tremendous lawyer fees.
Basically, it does not cost much hiring a lemon law attorney. In fact, if you hire us, we will not charge any fee for the evaluation and review of your case. We won’t even charge any unless we have won the case for you. We work based on contingency fees, most of the time, where the manufacturer pays for the legal fees, once you have won the case against them.
Lemon vehicle car owners force the manufacturer to pay for attorney’s fees and all other costs that are connected with hiring a lemon law attorney. There is enough reason for you to hire experts to represent you in your case, without worrying about how much you need to pay for attorney’s services. Note, also, that there are no out-of-pocket fees unless you recover the amount that you deserve for your case.
Learn more about lemon law attorneys, and what we can do for you. Call us and we will let you know how the entire process works.
A strong lemon law claim is based on multiple repair attempts covering the same problem. It is important then to take the vehicle in for repairs, and not neglect the problem when it occurs intermittently. You cannot use statements like “I don’t have the time”, or “It is just the same issue” as an alibi in court. It is best to have the car repaired by the manufacturer too.
From here, you must accurately report all of your concerns. The report must outline what is reflected on the repair order. You can ask the help of a service advisor to double check the report, in order for necessary and accurate changes to be included in it.
It is also necessary to keep all documents intact. Never leave the repair or warranty claim history in the hands of the manufacturer or dealer. You must have a copy of receipts, invoices, and repair orders. That way, even if the dealership runs out of business in a few years’ time, you have the copy of these documentations.
When you spot a lemon vehicle, you should present your lemon law claim as soon as possible. Once you have taken the vehicle in for multiple repair attempts, there is enough reason to file a claim. The sooner you will do this, the better are the chances of getting results in your favor.
Do not forget to hire a skillful lemon law attorney. He or she can help explain the complications that come with lemon law. The expert will represent you in court, while ensuring that you get the most out of your claims.
Even when the sale between a private seller and a buyer isn’t protected under state lemon laws, the buyer can assert his or her right whenever he or she experiences recurring problems for the car. That applies when the car is covered under a manufacturer’s warranty, and that same warranty has been transferred by the old owner to the new one. Also, a private seller is obligated to comply with all other warranties he expressed during the sale.
Note, however, that buying a vehicle from a private seller is risky. You cannot protect your rights when this is the case. State laws certainly oblige these sellers to disclose pertinent information about the car’s condition before selling it. The seller must inform the buyer about any eventualities like when the car has been flooded, stolen, salvaged, or wrecked. Otherwise, concealing such matters will give the buyer a reason to use legal actions against the seller. Filing a civil case for fraud is possible when the seller deliberately cheated on the buyer.
The Lemon Law typically states that a car must be purchased from a dealer or those who are in the business of selling cars in order to file a claim through Lemon Law. Despite this, it is still possible for a party to file a claim against a private seller. This is relatively new and many attorneys would refuse to take cases when the current owner purchased the unit from a private seller. You can call us today if your car exhibits problems or defects that cannot be fixed by the manufacturer. We will evaluate and study the case for free.
The term “lemon” was used by the British to refer to a fruit, and also any product with substandard quality. It was in 1909 when the term was used in America to pertain to something that is worthless. In the 1960, when the term lemon was attached to worthless used cars, thus the term lemons. Fast forward to today, lemon laws have been created at the state level, which is backed by a federal act for each. More popularly known as the lemon law, this act is actually called the Magnuson-Moss Warranty Act.
The first ever lemon law in the US was passed by John J. Woodcock III in Connecticut. His records show that a resident in his district bought an automobile for $7,000. It turned out, though, that the automobile was a lemon. The warranty came with loopholes too, thus allowing the seller to sell more lemons at competitive car prices.
This original protest was followed by dozen more individuals, thus leading to the passing of the lemon law. Note that the law does not force the automobile to meet a standard before it is sold to the public. Consumers can still be persuaded to buying a lemon car. Certain rules and standards for warranties have to be complied with if buying a used car.
As today’s car buyers are quickly dissuaded to purchase a used car if it is not backed by the lemon law, it is important for the vehicle to carry the warranties that they are looking for. Anything defective and has been repaired multiple times by the manufacturer or dealership entitles the purchaser to a lemon law claim.
Anyone who owns a car can end up being trouble with a lemon car. When this happens, most people complain about being uninformed regarding the matter. The idea of filing a case on their own will definitely pop on their minds. Note, however, that nothing’s better than hiring a lemon law attorney instead.
Typically, when you file a claim on your own, you still can resolve the matter, but what you get from it will be less than the amount that the Lemon Law attorney can help you recover. There is a difference in the fact that lemon law attorneys do this on a daily basis, whereas, you don’t. They have the knowledge and skills to defend your case, and seek the most suitable action that will surely benefit you.
One more thing is you might end up getting confused about the law and where you can get the help that you need. You will also be troubles about knowing which rights you may have, and generally, what to do about the situation. The process may take a long time, thus this can make you even angrier waiting for the answer that you are looking for. Of course, there is that urge to know what is happening while you are waiting in line to resolve the case. It is always best to hire a Lemon Law lawyer, since it is the fastest, and cheapest way you will get approval for your claim – whether you want a new vehicle or simply get your money back.
There are many reasons why buyers purchase cars out of state. Topping the list is finding a dealership that gives the best rate especially for first-time customers. Some may have also found the car that they have always wanted in another state. Doing all the necessary research, and finding the vehicle that you have dreamed of, why not go ahead and purchase that car?
Under the law, lemons are those cars that do not live up to the warranty claims presented by the dealer. Cars that turn out defective and are not reliable for daily transportation are among those that can be used as reasons to claim under the lemon law. Commonly, buyers have the option to either get their money back, have the car fixed, or get a replacement from the manufacturer.
Note that all 50 states in the US have specific laws that cover for such incidences. Extended protections as well as more specific clauses are included in these state laws. All you need to do is understand these protections and what is covered in the state where you bought the car from. Under most state laws, cars qualify as a lemon, when the car has a substantial defect and is covered by the warranty within a specific time or number of miles from when the car has been bought. A car is also qualified if it has not been fixed after a considerable amount of repair attempts.
In case you are not sure about the laws that govern the purchase of your car, all you need to do is call us for help. We can assist you further, and help you evaluate and review the situation for free, before you even file a claim.
Many car owners are concerned if the lemon law applies to their particular cars. Therefore, it is completely understandable that owners of other kinds of vehicles have similar concerns. Many states in America usually have laws that can cover defective motorcycles. However, these laws might differ from those that cover other typical vehicles such as cars or trucks. State laws usually mandate that motorcyles are regarded as consumer goods. This ensures that motorcycles are covered by lemon laws if the buyer has a warranty in writing from the seller that states the coverage, while being purchased predominantly for personal, family, and non-commercial uses. Furthermore, the lemon law states that the manufacturer is allowed to direct you to a motorcycle repair facility for multiple repair attempts. They can then choose whether they want to replace your motorcycle or repurchase it.
Purchasing a water vehicle like a boat or a yacht is an extremely substantial investment to make. It would be undeniably frustrating if you always had to send your precious boat back to its manufacturer every few months if there is something wrong. The lemon law in Florida does not cover boats. However, there are other forms of legal action that consumers can take apart from it, such as the Magnuson-Moss Warranty Act, also known as the federal lemon law, and the Consumer Protection Act. Under the former act, it is important to note that you have to allow the manufacturer the ample opportunity to repair your boat. It is also crucial to have an attorney because it is mandatory to file a suit under this act. Your attorney can help you to review your warranty and other documents.
Leasing a vehicle has plenty of perks. First, it does not come with a down payment, plus there is no interest to allocate for a loan payment. Those who opt for leasing can also get to drive a newer model without worrying about depreciation after.
Whether you decide to lease or buy a vehicle, there is always that risk of it being defective. The good thing is that purchased and leased vehicles are covered by the lemon law, meaning you can claim against the dealer or manufacturer. Laws may vary a bit in between states, and depending on the details of your claim.
The nature of the defect needs to be considered, thus it is important to make sure that the defect has led to the substantial impairment of the vehicle, which can affect its use, safety, and value. That way, there is a guarantee that you can claim it under the lemon law even when the car has been acquired through leasing.
With a leased vehicle, there are some exceptions to remember. It is important to note too that the defect must be substantial. Truth is, even a broken door knob, or a defective CD player may qualify depending on certain circumstances. Defects caused by an aftermarket part that has been installed by a third party supplier is not covered. The same is true if the leased ride does not come with an express written warranty. Of course, driver neglect, abuse, or misuse will not qualify owners to claim under the lemon law.
It is imperative for all potential car owners in Florida to understand that there is essentially no lemon law that is specific to used cars. This is to say that if you purchase a used car “as is”, all warranties that might be true to the model of a the car from the actual manufacturer would be disclaimed. Therefore, even if you find that your used car is indeed a lemon, you should not expect any consumer and legal protection. Thus, it is very crucial that if you are looking for a used car, proper and adequate research has already been done on your car seller. To do this, you can check in with the Better Business Bureau to find out if there have been any existing complaints against a potential car dealer. Note that you should never rely on oral promises of a car salesman as their words cannot be enforced legally.
If you are purchasing a used car, insist on receiving a written warranty from your seller. You should also ensure that your car has been properly inspected by an independent car mechanic before your purchase. If your dealer strongly refuses to have the vehicle inspected, you should know that something is dodgy about the deal. Although your dealer might not disclaim all warranties in writing, you will protected by the implied warranties of merchantability. Even if the seller agrees to give you a written warranty, be sure to read the terms and conditions carefully so that you know exactly what the coverage of the warranty. For example, you should know exactly what parts are covered, bearing in mind the deductibles and exclusions.
Even though people think of vehicles when they hear the term Florida Lemon Law, it actually applies to many purchased consumer goods. Because it is frequently used on vehicles, the association is not surprising.
Generally speaking, lemon laws protect consumers who have purchased goods which have repeatedly failed to meet performance and quality standards. Compensation of one type or another is the solution to this problem and is guaranteed by lemon laws.
As lemon laws apply to cars, trucks, RVs, motorcycles, etc., the vehicle must be leased or purchased, be a demonstrator or new, and have nonconformities that the dealer/manufacturer has been unable to remedy. As long as a reasonable number of attempts have been made to rectify the nonconformity, and the vehicle is deemed unusable because of the nonconformity, the lemon law would apply. In this case, compensation would be a full refund of the purchase price or vehicle replacement.
As the lemon law applies to other consumer goods, the goods must meet several requirements. These are as follows:
- It must have come with a warranty.
- It must cost over $25.
- It must repeatedly fail to meet standards or requirements.
To prove cause in a lemon law case, it is advisable for the purchaser to have the manufacturer’s warranty and any and all receipts pertaining to the attempted repair/rectification of the nonconformity in question.
Once again, if this criteria is met, either a refund of the full purchase price would be in order, or replacement of the product or goods in question. Keep in mind that manufacturers can designate a warranty as being either “Limited” or “Full”. The designation must, however, be stated succinctly.
The best way for a purchaser to make the lemon law work for them is to hire an attorney who is not only knowledgeable of any applicable lemon laws but experienced in such cases.
When people hear the term “Florida’s Lemon Law”, they often think of cars. Truth be told, however, the lemon laws in Florida also apply to purchased consumer goods. It just so happens that the lemon laws are frequently used when people have repeated issues with a car they have purchased.
In general terms, the lemon laws protect individuals who have purchased consumer goods, but those goods have failed repeatedly to meet performance and quality standards. The laws offer compensation (of one sort or another) as a solution.
Specifically, however, as the lemon law applies to cars, it means that if a “lemon” is leased or purchased, and it has issues that the dealer or manufacturer hasn’t been able to fix, the car’s owner may need to be compensated. A reasonable number of attempts have to have been made to repair whatever the issue is. Additionally, whatever problem exists has to make the car unusable. Compensation can be a full refund of the purchase price or vehicle replacement.
As suggested, however, the lemon laws apply to more than just trucks and cars. They also apply to general consumer goods – if the goods came with a warranty and cost more than $25. A manufacturer may designate, under the Act, that warranties are either “Limited” or “Full”. This designation must, however, be clearly stated.
In order to get satisfaction for any compensation you feel you may be entitled to under lemon laws, don’t be surprised if you have to hire an attorney. Even though it is required by the Act, manufacturers frequently refuse to replace or refund dissatisfied consumers. If your case goes in front of a judge, you may get more than just the purchase price refunded – you may also get court costs and attorney’s fees reimbursed – with the right legal representation.
First and foremost, you must decide whether or not you are covered by the lemon law or if a breach of warranty is involved.
As it applies to cars, the lemon law states that if a vehicle deemed a lemon is leased or purchased and has issues that the dealer/manufacturer has not been able to fix, the consumer must either receive a full refund of the purchase price or the vehicle must be replaced. A substantial number of attempts must have been made to remedy the situation before the lemon law will apply. Additionally, the car must be deemed unusable as a result of the nonconformities involved.
That said, to successfully pursue a breach of warranty or lemon law case, you will need certain documents. More often than not, this will include repair orders/receipts for services rendered on your vehicle. What you are setting out to do is prove that a) you’ve had the required number of attempts made to fix a nonconformity or b) you have had all recommended maintenance done on your car, even if the vehicle was not specifically serviced at a dealership. Any and all repairs or maintenance done on your vehicle should be recorded and you should always save the receipts. These receipts should include the following information:
- A detailed description of services performed.
- A clear description of parts supplied.
- Any and all dates of service.
It never hurts to have a written copy of your warranty, be it the manufacturer’s warranty or what was perceived as a manufacturer’s warranty given to you by the seller. The following information should be included in a warranty:
- How to remedy disputes with the warrantor.
- The warranty expiration date.
- Responsibilities of the consumer and warrantor.
- Specific identity and description of what the warranty covers.
- Who is covered by the warranty.
Many times, consumers do not opt for a replacement vehicle from the same manufacturer that sold the defective one. This leads them to opt for the buyback option. A vehicle replacement, also known as lemon law replacement, is a remedy that is optional for either the manufacturer or consumer. When compared to a buyback, replacement is only possible if both parties agree to it. This means that no buyer can force the manufacturer to replace the lemon vehicle, and vice versa.
Once both parties agree to it, the manufacturer must replace the lemon car with a new one. The car must be identical to the previous car and must come with a fresh warranty. Aside from replacing the defective car, the manufacturer is likewise expected to cover all fees pertinent to the lemon vehicle. This includes collateral fees, such as sales tax, registration, license, and all other legal fees that were incurred from filing the case.
Whether you leased or purchased a lemon, and you want to get a replacement, the replacement vehicle is expected to:
- Be identical to your vehicle as it looked or existed during the time when you leased or purchased it;
- Include the same terms of the service contract, whenever possible;
- Include rustproofing, undercoating, and other dealer or factory options that were included in the original car; and
- Reimburse any consequential and incidental expenses you have incurred related to the lemon, including but not limited to car rental or tow expenses.
Before receiving the replacement for the lemon, you have to contact the lender to ask about how they will deal with your existing loan, in case you make a new loan with them. Any difference in price between the lemon and replacement is the responsibility of the buyer.
The requirements of a warrantor are outlined by the Florida Warranty Act. You may also hear this referred to as the Magnuson Moss Warranty Act. In essence, it details how consumers are not required – in order to maintain a warranty – to complete repairs at a dealership or use branded vehicle parts. The vehicle can be serviced by independent repair shops. The Federal Trade Commission enforces this consumer protection law.
Included in a warranty, you should find the following:
- The manners in which to remedy warrantor disputes.
- The expiration of the warranty.
- Both consumer and warrantor responsibilities, including how and where maintenance and repairs can be performed.
- A clear identity and description of what’s covered in the warranty.
- Who the warranty covers.
Maintenance schedules, in order to maintain your cars dealer/factory warranty, should be followed. This refers to the maintenance schedule put forth by the manufacturer. However, any certified repair shop can take care of this type of maintenance. You do not have to go to a dealership to get services that are non-warranty related.
For the completion of warranty-covered repairs, the dealer or manufacturer may require you to use repair shops that are more select or specific. That is, if, under the warranty, you want the services to be provided for free.
How do you prove that the recommended maintenance was done on your car if you don’t have it serviced at a dealership? Any repairs or maintenance done on your vehicle should be recorded and service receipts saved. On the receipt should be the following information:
- Detailed description of service performed.
- Clear description of parts supplied.
- A clear date of the service.
Purchasing a car that does not work according to the promises of a dealer is very disgusting. Also called a lemon, such a condition will definitely be a waste of time and money. How do you determine if your car is in this condition?
Start with getting a vehicle history report even before you purchase a new vehicle. There are different report services that you can use. Regardless of which one you choose, always give regard to the one that provides you a comprehensive report that includes all the vehicle’s previous owners, as well as accidents that the car may have encountered in the past. The report must also include the details on much-needed repairs. A title that certifies the car is a lemon will make you back out from the purchase in order to avoid the problem.
Make sure that the car works. This is part of the pre-purchase inspection and is crucial in ensuring that the vehicle works. Inspect the car personally, and send it to a mechanic for repair, in case you feel it has been mislabeled as a lemon. The mechanic will check everything from the interior to the exterior, to the suspension, engine, and every component in it.
Some of you may also be tempted to bargain with the manufacturer or dealership if you find negligible defective parts in the vehicle. This can save you in terms of investment, but will it be worth it? If you do not want filing a case and having headaches later on, spot the lemon before you own one.
An act or a law that provides a solution for individuals who have paid for consumer goods – that essentially protects their rights guaranteeing them some type of compensation if those goods repeatedly fail to meet performance and quality standards – is referred to as a lemon law in America.
For those who live in Florida and wish to apply the lemon law to a vehicle, the Act states that if a vehicle deemed a lemon is leased or purchased and possesses nonconformities that the dealer or manufacturer hasn’t been able to repair, that consumer is protected by Florida’s Lemon Law. The vehicle must be either a demonstrator or new motor vehicle. A reasonable number of attempts must have been made to fix the nonconformity. Additionally, the vehicle must be substantially impaired by the nonconformity, defect, or condition.
However, trucks, cars, and RVs are not the only things covered under lemon laws. These laws apply to general consumer goods. If the goods purchased repeatedly show signs of being faulty, and came with a warranty, and the goods cost more than $25, the lemon law would apply. A variety of different products can be covered under lemon laws ranging from animals to large and small electronics! In these cases, the manufacturer/seller of the goods in question would be required to either refund the full purchase price or replace the item in question. However, under the Act, the manufacturer may designate if warranties are either “Limited” or “Full”. Either designation must be very clearly stated.
Of course, lemon laws by themselves sometimes are not enough to protect the consumer. Someone who feels they may have rights, entitlement, and compensation coming under the lemon laws should seek the advice and representation of an attorney.
Lemon law is complicated, and it may vary from one state to another. There are also plenty of obstacles along the way, which require hiring an expert, a lemon lawyer, to represent the case in court. Lemon law lawyers will do the work for you, from dealing with car dealerships and manufacturers to guiding you in understanding the intricacies covered by this law.
With a lemon lawyer, the chances of success is higher. Each state defines a lemon differently when compared to another, with a list of criteria to classify a vehicle as a lemon. With a lemon law attorney by your side, settlement with a manufacturer can be negotiated, at your request. In like manner, the expert will ensure that you get the compensation that you deserve for the case.
A lemon lawyer also helps you walk away with a larger settlement, something you will not enjoy if you file a claim on your own. Also, he or she makes sure that you do not have to wait a long time for the settlement to happen. You do not have to pay a large amount to cover his fees. In fact, manufacturers or dealerships may be obligated to pay attorney’s fees on your behalf because of the case. You do not have to pay any out-of-pocket expenses too.
Hiring a lemon lawyer signifies your intent to win the case. That way, the manufacturer or dealer will not just run away from their obligations. The other party will know that you mean business once you have an expert defending you in your battle.