Florida’s Lemon Law provides protection for individuals who purchase vehicles and encounter manufacturing or repair difficulties. Under Florida’s Lemon Law, purchasing a used or preowned vehicle means that the owner bought car “as is”. People who buy used cars “as is” are advised to have an independent mechanic inspect the vehicle before they finalize it to make sure that it is a quality purchase.
On the other hand, people who buy new vehicles and find themselves experiencing the same issues after several repair attempts are most often protected under the Florida Lemon Law. Veritable Florida Lemon Law cases may entitle vehicle owners to buybacks or vehicle replacements, provided everything related to qualifying for the Florida Lemon Law stipulations checks out.
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. There may be several culprits responsible for lemons in the state of Florida, the car dealership being one of them.
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 the following problems of substantial defect if one or more of the following will be 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 the qualifications stated above apply. Furthermore, make sure that the defect or condition in question is reported within 24 months of the delivery of the vehicle.
In addition to the “reasonable number of attempts at repair” (three in Florida), the manufacturer/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 lemon law regarding the new vehicle they purchased.
The following are covered under Florida’s lemon law:
- Vehicles that are covered under warranty and 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 he/she prefers.
What If You Have a Used Car?
Although used cars are not covered under the Florida lemon law, people who have constant problems with the used car they purchased may still have recourse. Contact an attorney to find out if you have a case for breach of implied warranty or express warranty, fraud, or another basis for a vehicle lawsuit.
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.