Lemon Laws and Recurring Problems
If a car has been back for service for the same recurring problem at least three times and is not fixed it may be a lemon. When this happens the consumer must give the manufacturer a final opportunity to fix the problem. Note that the law states you must contact the manufacturer – not the dealer – when you are giving them a final opportunity to fix the problem. If the manufacturer fails to fix the problem the laws requires the dealer to buy back the defective car and give the consumer a purchase price refund or a replacement vehicle.
Florida Lemon Laws do not apply to defects caused by accidents, neglect, abuse, modification, or alteration by persons other than the manufacturer or its authorized service agent which typically is an authorized dealer.
When the Florida Lemon Law Applies
If you’ve taken your newly purchased car, truck or other vehicle in multiple times for service and continue to have the same problem, then the Florida Lemon Law applies to your situation.
New or demonstrator motor vehicles which are sold or leased in the State of Florida are also covered by the Florida Lemon Law.
To be clear: with some exceptions, a previously titled vehicle (used car) is NOT covered by the Lemon Law.
Repetitive problem vehicles are commonly referred to as Lemons. There are both Florida state and federal lemon laws that protect the interests of consumers. The rights given to consumers by lemon laws may exceed any warranties expressed in purchase contracts.
The Florida Lemon Law does NOT cover:
- Used cars
- Vehicles that run only on tracks
- Off-road vehicles
- Trucks over 10,000 pounds gross vehicle weight
- The living facilities of recreational vehicles
To find out if you could qualify for protection under the Lemon Law, please review the following information.
The Florida Lemon Law applies If:
- The vehicle has been out of service for repair attempts by the dealer for a total of 15 or more days
- The manufacturer was allowed 10 days from the day you had delivered the vehicle to remedy the problem
- Your vehicle has not exceeded the first two years statutory period following its delivery
- The dealer has attempted to repair the same problem three or more times
- The defect has substantially impaired the use/value/safety of the vehicle
- You have notified the manufacturer in writing as certified mail with return receipt
- You have given the manufacturer one last chance to repair your vehicle
- The manufacturer has responded within 10 days after receiving your notification
Use Florida consumer protection laws to your advantage. You have lemon law rights in the state of Florida and it works out if you do indeed qualify for some form of lemon law relief.
You could be entitled to cash compensation for your lemon under the Florida State or federal lemon laws and some cases settle without trial. The goal is to recover and solve the problem.
Lanigan and Lanigan stay informed and updated on all lemon law legal developments.
Lemon Laws Deal With:
- Defective car, truck, van, or SUV
- Household appliance
- Television or electronic item
- Consumer product
Winter Park attorneys Eric Lanigan and Roddy Lanigan have handled Lemon Law cases involving all types of products and vehicles. Lanigan and Lanigan provide Florida Lemon Law representation to consumers victimized in the state of Florida. Lemon Laws are different in each state so you’ll need experienced consumer attorneys who possess the knowledge to effectively handle your Lemon Law claim.
When is a Car a Lemon?
Recurring problem not fixed after three attempts
Out of service for repair for 30 cumulative days
You would be surprised how many cars are lemons. The Attorney General of Florida lists all vehicles that have been declared a lemon and bought back or replaced by the manufacturer.
The Florida lemon laws cover a car for the first 24 months. There are two basic reasons a car is deemed a lemon – recurring problems and time out of service (in the shop). Find out what to do with your lemonvehicle by meeting with Winter Park lawyers Eric Lanigan and Roddy Lanigan. Experienced attorneys who provide aggressive representation.