Buying a new car is an exciting experience. And you expect your new vehicle to be in top condition. Sadly, that’s not always the case.
You may have a lemon if your car requires multiple repairs and servicing with no solution. Fortunately, you do have legal recourse when this happens.
Florida law protects consumers from faulty new cars and demonstrator vehicles. Under the Florida lemon law, the manufacturer may be required to repurchase the vehicle and offer a replacement.
No one deserves to be stuck with a lemon. You have rights! Here’s a look at how much you could expect to receive from a lemon law settlement.
Vehicles Covered Under Florida’s Lemon Law
Florida’s lemon law applies to:
- Cars and trucks purchased or leased for transporting people and property
- Vehicles leased or bought in the state of Florida within the first two years
- Recreational vehicles not intended for living or vehicle converters
- Those who buy a vehicle from the first owner and use it within 24 months
The lemon law doesn’t apply to recreational vehicles that include living facilities, motorcycles, mopeds, off-road vehicles, trucks over 10,000 pounds, or vehicles for track-only use.
Car Owner Requirements Under Florida Law
If you’ve made three attempts to repair your vehicle and it still isn’t functional, you must write to the manufacturer. You should inform them you need a final repair attempt. They have 10 days to respond.
The manufacturer should allow you to send the car to a local shop for repair. The manufacturer should fix your car within 10 days or 45 days for a recreational vehicle.
If they do not conform to this time frame, the manufacturer loses the right to a final repair.
How Much Can You Recover?
You reserve the right to choose a repurchase rather than a replacement. However, the arbitration board will decide what you get.
In the case of reward, the lemon law settlement amount is deducted by a “reasonable offset for use.” This covers the mileage you’ve put on the vehicle until the arbitration hearing day or settlement.
If you receive a replacement, you are responsible for the offset amount to the manufacturer. Florida has a general formula for determining the reward and offset amounts.
Resolving Disputes With the Car Manufacturer
If the manufacturer fails to repair your vehicle and doesn’t offer to repurchase or replacement option, you have the legal right to seek arbitration. It’s in your best interest to seek the advice of a lemon law lawyer to guide you through the arbitration process.
An experienced lemon law lawyer understands the complexities of Florida law. They understand the lemon law rules and can navigate the legal process better than you could do on your own.
Hire the Best Florida Lemon Law Lawyer
If your car is a lemon, you have rights. You deserve a remedy for this frustrating situation as soon as possible.
Jonathan D. Swartz has over 20 years of experience handling Florida lemon law cases. He personally evaluates each lemon law case to determine the best course of action.
He would love to talk with you about your case. Contact Jonathan D. Schwartz today to schedule a consultation.