Is Your Car A Lemon?
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When you are driving home to Port St. Lucie after purchasing a new car, truck, or SUV, you probably never think that you could be unhappy with your selection or regret your purchase. You are enjoying all the features of your new car, the knowledge that you worked hard and could reward yourself, and that the vehicle should provide years of trouble-free service. However, all that can change in just a few months when you have made multiple trips back to the dealership to work with the service technicians to repair an ongoing issue or to correct the myriad of problems that arise when you are out enjoying your new car.
If this unfortunate scenario sounds familiar, you could be searching for a solution that will allow you to get out from under a car payment on a vehicle that is little more than a tiring waste of your time. Constant concern about the safety and functionality of your new car, along with the feeling of endless trips to get it repaired, has drained the fun and enjoyment from the vehicle, but you are unsure how to resolve the issue. Fortunately, you can have the answer to this crucial question when you reach out to Jonathan Schwartz, the premier Lemon Law Lawyer in Port St. Lucie.
When you contact the office, you will be refreshed to speak to an actual person at the law firm instead of a call center representative or service who will gather information and tell you to wait for a return call. On that initial call, you can learn more about the Florida Lemon Law, how it helps buyers like you who have a new vehicle that has fallen far short of meeting your expectations and the free consultation and case evaluation offered by Jonathan Schwartz. The information and guidance cost you nothing while answering many of the questions that are keeping you up at night.
Perspective is everything when you are talking about your level of satisfaction with a new vehicle. If you have never had an issue with your new car in the three months you’ve owned it, you are probably very pleased with it. Some people would be very annoyed to need any service at all for a new vehicle in the first year of ownership. Others would be okay with a trip or two to the dealership for repairs covered by the warranty. Opinions will vary as to what should be considered acceptable. However, if you want to have the legal definition of what makes a Florida vehicle a lemon, the criteria are very clear. The car must:
Send us your vehicle details like the make, model, year, and what problems you’ve been dealing with. We’ll review everything and let you know if it qualifies under the Lemon Law.
Typically, the Florida Lemon Law does not cover off-road vehicles, heavy-duty trucks over 10,000 pounds, or motorcycles. In addition, the vehicle must be in the possession of the original owner who purchased it in Florida, and the damage or issues in question must not have been caused by an accident, abuse, neglect, or any vehicle modifications that were not completed by a manufacturer-authorized service center.
How does Florida’s Lemon Law work and what does it cover?
Florida’s Lemon Law, officially known as the Florida Motor Vehicle Warranty Enforcement Act, protects consumers who buy or lease new vehicles with significant defects. If a vehicle has a recurring issue that the manufacturer fails to fix after a “reasonable number” of repair attempts, the consumer may be entitled to a refund or a replacement.
Before taking legal action, consumers are required to try resolving the matter through the manufacturer’s informal dispute resolution process (usually arbitration). This involves submitting documentation and giving the manufacturer a final chance to repair the issue. If the dispute isn’t resolved in arbitration, the consumer can take the case to court.
The law covers new vehicles and some motor vehicles like RVs (but not their living facilities). Salvage vehicles and cars without warranty are not covered.
Are used cars protected under Florida’s Lemon Law?
Florida’s state Lemon Law only applies to new vehicles. However, used cars can still be protected under the federal Magnuson-Moss Warranty Act, as long as the defect is reported during the vehicle’s warranty period.
So if you buy a used car and it still has a valid manufacturer or dealer warranty, and a defect appears during that time, you may still have a case. This federal law doesn’t care whether the vehicle is new or used — it focuses on whether the warranty is active and whether the defect was properly reported.
What steps do I need to take to file a Lemon Law claim in Florida?
If your vehicle qualifies and the manufacturer fails to fix the defect after multiple repair attempts, you need to:
An attorney can help handle these steps and increase your chances of a successful outcome.
Can I use the Lemon Law in Florida if my car is leased?
Yes, leased vehicles are covered under Florida’s Lemon Law — as long as the defect appears during the lease and meets the same conditions as a purchased vehicle.
However, keep in mind: if you’re leasing, your refund is limited to the amount you’ve paid into the lease. You won’t be refunded for the full vehicle value since you don’t own the car.
What are the benefits of hiring a Lemon Law attorney in Florida?
Have legal questions or need expert advice? Our experienced team is here to help.