Can you sue a car dealership using the Florida Lemon Law? This is actually two questions. Can you sue a Florida car dealership? Yes, under some circumstances, but you will not be suing under the Lemon Law. Understanding the distinction is important if you choose to exercise your legal rights.
How Can You Sue a Car Dealership in Florida?
There are limited circumstances that allow you to sue a car dealership in Florida. One is if you are injured on their property. The other is if you believe the dealership made fraudulent claims when it sold you a new or used car. If you suspect that a Florida car dealership knowingly concealed information about a vehicle or its service history that would have materially impacted either the price or your willingness to buy, you may have grounds for a lawsuit. Be aware that suits of this nature can be costly and time consuming. Instead of proceeding to a lawsuit, consider filing a Consumer Complaint with the Florida State Attorney General’s office. Most car dealerships will work to resolve your issue if they get a call from the Attorney General’s office.
Using the Lemon Law Is not the Same as Suing a Florida Car Dealership
If you have an issue with a new car that you bought from a dealership less than 2 years ago, you may have a Lemon Law case. The Lemon Law is a consumer protection that forces a vehicle manufacturer to honor a new-vehicle warranty. When you file a Lemon Law claim, you are not suing the dealership or accusing anyone at the dealership of wrongdoing. You are informing the manufacturer that you purchased a defective vehicle, and you no longer want to own it.
A Florida dealership will not blacklist you, ban you or treat you differently if you file a Lemon Law claim. They may encourage you to use a manufacturer’s buyback program instead of the Lemon Law, because this benefits them at your expense. You will get a lower purchase price for your vehicle than you would get for a non-lemon, because the dealership will be stuck with a lower sale price for the vehicle because the vehicle has, or had, significant defects recorded in its service history.
Under Florida’s Lemon Law, you could get a replacement vehicle or a manufacturer buyback, including a refund of the purchase price (minus standard depreciation up to the point when the vehicle was first brought in for repairs), any financing costs, repair costs and any transportation costs related to vehicle repairs. Most of these costs are paid by the manufacturer, not the dealership.
Keep in mind that car dealerships do not want to sell lemons, as that harms their reputation. Just as you bought a vehicle from a dealership expecting it to work properly, that dealership bought the vehicle from the manufacturer with the same expectations. It is not your fault, nor the dealership’s, if the vehicle is defective. Lemon laws target vehicle makers as a way of nudging them to improve quality and to ensure that they uphold the legal responsibilities outlined in vehicle warranties.
Each state has its own regulations for lemons. That is why the best course is to hire an attorney who is experienced in cases involving the Florida Lemon Law if you suspect that your vehicle is a lemon.
Determining if Your Vehicle is a Lemon
In Florida, new vehicles that are used for transportation of individual people or property qualify as lemons if the vehicle is out of service for at least 30 days. Recreational vehicles must be out of commission for 60 days in the state of Florida to qualify as lemons. These nonconformities apply to substantial defects. Additionally, a reasonable number of attempts at repair (3 in Florida) must be made before the lemon law can take effect.
What Constitutes Substantial Defects for Florida Lemons?
The Florida Lemon Law considers a vehicle to have a substantial defect if one or more of the following is affected:
- Vehicle safety
- Vehicle use
- Vehicle value
In order for the vehicle to qualify as a lemon, the problem in question must not have been caused after the purchase was made by the buyer. The function and expectation of the vehicle must be seriously impacted by the defect. For example, a steering problem would affect safety. Conversely, while a sun visor not staying up would be considered an inconvenience, it would not count as a substantial defect.
How to Use the Florida Lemon Law
Rather than outright suing a car dealership or manufacturer for a problematic vehicle, the best thing to do is to use Florida’s Lemon Law to your advantage. The first thing to do is to make sure that defect impacts vehicle safety, use or value..The defect must be reported within 24 months of the date you took delivery of the vehicle.
There must be three “reasonable attempts at repair” in Florida. After that, the manufacturer or dealer may be given one final attempt to fix the problem.
After taking these steps, the buyer must notify the manufacturer/dealer of their intent to enforce the vehcile’s warranty under Florida Lemon Law.
The following vehicles are covered under Florida’s lemon law:
- Vehicles covered under warranty that are purchased or leased.
- Vehicles used/acquired with in the original owner’s first two years of vehicle ownership.
- Vehicles leased or purchased for household, family or personal uses.
The Florida Lemon Law stipulates that remediation can come in the form of either buyback or vehicle replacement by the manufacturer/dealership. It is up to the customer to decide which one they prefer.
If you are in possession of a lemon and want to make a case of Florida’s lemon law, contact us at badvehicle.com today.