Lemon laws exist to protect customers from unsafe vehicles. These laws enforce manufacturers’ warranties on all types of new vehicles. This means that a manufacturer must repair, refund, or replace a vehicle that qualifies as a lemon. However: customers must notify the dealer of the problem and give the manufacturer a fair chance to repair it. If the customer does not follow this procedure, they will not be eligible for a replacement vehicle or a full refund of the purchase price. Our experienced Miami lemon lawyers are here to answer all your questions about vehicle warranties so you can enforce your legal rights.
How long does the dealer have to repair your vehicle?
Florida’s lemon law is officially known as the Motor Vehicle Warranty Enforcement Act. This is the law that establishes consumer protection rights for anyone who buys a new vehicle in Florida. Under the law, a customer must give the manufacturer a reasonable opportunity to repair a new vehicle that has a defect. A “reasonable opportunity” is defined as three attempts. At this point, the customer must notify the dealer, and the dealer has ten days to direct them to a repair shop that is accessible to them. The dealer then has ten days to repair the defect.
You do not always have to give the dealer three separate attempts to repair the same defects. Lemon law rights can also be invoked once your vehicle has been out of service for fifteen cumulative days.
What does the customer have to do after fifteen days?
If your vehicle has been out of service for fifteen days or more, you have lemon law rights that must be enforced. The customer must notify the auto manufacturer that the vehicle has been out of service for fifteen or more cumulative days. (“Out of service” starts from the day you took delivery of the vehicle.) Once the manufacturer receives this notice, they have one last opportunity to inspect or repair the vehicle.
When is the customer eligible for a refund or replacement?
Once a vehicle is out of service for thirty or more cumulative days, the customer can be eligible for a replacement vehicle or a full refund of the purchase price. You must be able to prove that the manufacturer was given notice that the vehicle was out of service and given an opportunity to repair it. You may also be eligible for compensation for other costs, such as fees for the title and registration of the vehicle or even attorney’s fees. An experienced Miami lemon lawyer can help you enforce your legal right to all compensation for which you are eligible.
Experienced Florida Consumer Protection Lawyers For All Lemon Law Claims
Jonathan D. Schwartz, Esq. is an experienced Miami lemon law attorney. Clients throughout Florida trust him to enforce their legal rights and protect consumers from unsafe vehicles. Call (786) 566-6716 or visit our website to schedule your free initial consultation.