Area of Law:
All states, including Florida, have enacted lemon laws to protect consumers from purchasing a new car that does not perform according to reasonable standards of performance and quality. Therefore, if you have a lemon for a car in Florida, your rights may be protected under the lemon laws of Florida. In addition to the state of Florida, the federal government has enacted lemon laws as well, referred to as the Magnuson-Moss Warranty Act. This Act protects individuals of all states, and can be invoked in certain instances where the state’s laws do not adequately protect the consumer.
When you purchase a new vehicle in Florida, the vehicle will likely come with a warranty expressing the manufacturer’s promise that the car will operate without problem. In addition, if an issue does occur with the vehicle, the manufacturer’s warranty promises to repair the vehicle for you, at no cost to you as long as you are within the warranty period. In Florida, in addition to the manufacturer’s warranty, the lemon law Florida protects you from defects or conditions that substantially impair the use, value, or safety of a new car for the first 24 months. The 24 months begin on the date that you obtain physical custody of the vehicle.
However, before you can invoke the legal remedy afforded by the lemon law Florida, the lemon law Florida provides the manufacturer of the vehicle a reasonable opportunity to repair the vehicle’s defect. In Florida, three attempts at repair for the same issue is considered a reasonable opportunity. In addition, if the problem with the vehicle causes the vehicle to be in the repair shop for 15 or more days, the state of Florida considers this to be an unreasonable hardship to you.
If you experience a problem with your vehicle and you the dealership or other repair service has unsuccessfully tried to repair your vehicle, the lemon law Florida requires that you provide written notification to the manufacturer of any problem that you have with the vehicle to be afforded the legal remedies under the lemon law. Notice of the problem provides the manufacturer with one last opportunity to repair the vehicle. The Florida Attorney General’s office recommends that you send the notification by certified mail so that if a dispute arises later whether the manufacturer received the notice, you will not have any issues.
If the manufacturer does not repair the vehicle after a reasonable number of attempts, the lemon law Florida requires the manufacturer to either refund the purchase price of the vehicle, or provide you with a replacement vehicle. If the manufacturer does not provide either of these remedies to you, you can submit the dispute to one of two arbitration programs: a state of Florida program or a manufacturer sponsored arbitration program.
Your car’s warranty can be very confusing and it is best to seek legal assistance to determine if your automobile’s repairs are included under the warranty. Therefore, consider hiring a Florida attorney experienced in lemon law Florida to assist you with any legal action you choose to take against the car’s manufacturer. If you need help finding an attorney in Florida, contact the Florida Bar http://en.wikipedia.org/wiki/The_Florida_Bar. Also, you can find additional information about the lemon law Florida by contacting the Florida Better Business Bureau. For example, if you live in West Palm Beach, you can contact the Better Business Bureau of Southeast Florida and the Caribean http://www.seflorida.bbb.org/.