Florida’s Lemon Law was enacted to protect those who purchased new vehicles that need continuous repairs. There are several myths about Florida’s Lemon Law, many of which are simply untrue. In this article, we’ll discuss 5 of the most common Florida Lemon Law myths to illustrate how simple it is to file a claim and how this can be a significant benefit for consumers.
Faulty vehicles, clever lenders and tricky car salespeople are just some of the many challenges car buyers can run into when they purchase a new vehicle. The experience can leave buyers rattled, but the reward of a new car makes it all worthwhile, as long as the car does not experience significant, ongoing problems. Should that vehicle turn out to be a lemon, the Florida Lemon Law offers real protection by enforcing the manufacturer’s warranty.
While Florida’s Lemon Law has been around for quite some time, there are still a number of myths about it circulating. This article examines those myths and provides the facts you need to know if you are considering a Lemon Law claim.
I Don’t Need an Attorney for the Arbitration Process
As in other states, the Florida Lemon Law is designed to be consumer-friendly, to a point. You can file your own claim, but if you miss deadlines, include the wrong information or fail to document expenses, part or all of your claim could be denied. When you appear before the arbitration board, the vehicle’s manufacturer will be represented by experienced lawyers who specialize in punching holes in Lemon Law cases, putting you at a disadvantage. Hiring an experienced lemon law attorney to assist with the arbitration process is one of the best things you can do to level the playing field and ensure that you receive the full compensation you are entitled to under the law.
Florida Lemon Law Does Not Cover Used Vehicles
This myth is true. The Florida Lemon Law applies only to Florida-sold new vehicles or demonstrator models that are covered by a manufacturer’s warranty. You must buy or lease from a dealership and you must be the first owner of the vehicle, as warranty coverage does not transfer past the initial owner. Lemon Law protection is good for 24 months from the day you take delivery of the vehicle. After 24 months, you cannot file a Lemon Law claim in Florida.
Florida does not have any laws that protect used-vehicle buyers. There is no cooling off or return period, and no state law that governs defective used cars. Essentially, all used cars are sold “as is” in Florida. You may be able to pursue a fraud claim against a car dealership if you can prove that the dealership knowingly withheld information from you about the condition of the vehicle. Cases like this can be filed under the Federal Magnuson-Moss Warranty Act. Unlike the new-car lemon law, which provides extensive reimbursement of purchase and repair costs, used-car claims are limited to the difference between what you paid for the car and the fair-market value of a used car with a similar defect or problem.
You Will Never Recoup the Full Amount on a Buyback
Some people think that engaging in the Lemon Law process means that they will net a financial loss and that their vehicle will be repurchased or bought back for nothing more than the car’s used market value. This is a myth. Under Florida law, a successful Lemon Law case gives you a choice between a replacement vehicle of equal value to the original purchase price of the lemon, or a cash settlement.
The cash settlement may include a refund of financing fees, closing costs, all costs associated with repairs for the defect(s) that made the car a lemon, costs associated with the loss of use for the car (taxi, rideshare or public transportation fares, tow fees or rental car fees) and a refund of the original purchase price, minus a standard deduction based on mileage.
The standard deduction, or depreciation, for a lemon car is calculated at a fixed rate based on the car’s mileage when you first brought the vehicle in to repair a defect. If problems appear early in a car’s life, you may be able to recoup nearly all of what you paid, as well as additional costs relating to the car. Even if the car has significant mileage, a Lemon Law case is a smart move, as the car’s extensive service history will make it far less valuable if you try to trade it in or sell it in the future.
Lemon Law Litigation Takes too Long
The amount of time it takes to settle a Lemon Law case depends on the legal team handling it. While some cases are incredibly complicated and can take months, most Lemon Law cases are settled in a few weeks. Having the right documentation on hand and working with an expert Lemon Law attorney can expedite the process. Car owners can help move the process along by having all receipts and paperwork relating to a lemon car in one place.
COVID-19 did create some backlogs in Florida’s legal system, but the arbitration panels that review Lemon Law cases are moving things along efficiently. A good Lemon Law attorney will provide an estimated turnaround time for claims and have up-to-date knowledge of how long the process takes.
Finding a Florida Lemon Law Lawyer Is Challenging
This is the simplest myth to bust of all. Experienced Florida Lemon Law attorneys are easy to find with BadVehicle.com. We specialize in Lemon Law cases, with decades of experience and satisfied clients. We have represented clients against every major automaker and we can tell you in minutes if you have a viable claim. The consultation is free, and there is no charge for our legal services unless you win a settlement.
Our goal is to get you fair recourse in as little time and with as little headache as possible. Trust our Lemon Law expertise to get the job done. Contact us online today or call us at 786-297-8977 for a free review of your case.