A new car purchase should be an exciting time for a consumer. However, what happens when that vehicle ends up being a lemon? State lemon laws, such as Florida’s Motor Vehicle Warranty and Enforcement Act, offer consumers significant protections.
The law applies to personal, family, or home automobiles acquired or leased in Florida. A manufacturer must provide a replacement vehicle or refund the full purchase price, including any trade-in vehicle value, sales taxes, and reasonable use offset.
Reimbursement for Expenses
Florida Lemon Law grants consumers the right to be reimbursed for some of their expenses related to a lemon vehicle. This includes towing and rental car costs, as well as missed work. The law also requires the manufacturer to pay for the taxes, fees, and finance charges on a replacement vehicle.
Buying or leasing a new car is a significant investment for most consumers. Most feel stuck and helpless if that vehicle turns out to be defective. Fortunately, the state’s Lemon Law allows consumers to fight back against automakers who may be reluctant to fix defective cars.
The laws are designed to protect consumers who purchase or lease new vehicles that do not meet reasonable quality and performance standards. It specifies how often a manufacturer must attempt to repair a nonconformity before it is obligated to replace or refund a defective vehicle.
The laws vary by state and can affect what kinds of vehicles are covered, when a consumer can bring a lemon claim, and how much time an automaker has to repair a problem. That’s why it’s essential to get advice from a lemon law attorney who can explain the specifics of your state’s lemon laws and how they apply to your situation. The experienced lawyers can help you understand your rights and file a valid lemon law claim.
Reimbursement for Damages
While fighting against a big auto manufacturer can be difficult, state lemon laws make it reasonably straightforward for individual consumers to file a legal claim for a defective vehicle. If a consumer can prove that their new car, truck, or RV has defects that cannot be repaired after multiple attempts, the manufacturer must buy back the vehicle and reimburse all fees paid by the consumer.
A refund can include the sales tax, finance charges, and other fees associated with the purchase of the vehicle, as well as towing and rental expenses incurred because of the nonconformity. Additionally, the refund can also include any unused portions of the warranty.
Florida’s lemon law requires that the manufacturer be given one final opportunity to repair a defect after a reasonable number of repair attempts. A written notice should be sent to the manufacturer via express or registered mail and contain information regarding all previous repair attempts.
Consumers can file their claims independently, but hiring an experienced lemon law attorney dramatically increases a consumer’s chances of success. Documentation that can support a lemon law case typically includes detailed account records spanning across retailer-consumer interaction through bills, invoices, contracts, and warranty copies. Additionally, evidence that the vehicle has been towed and rented for extended periods will help consumers achieve their goals.
Reimbursement for Time Off Work
Depending on the circumstances, consumers who buy or lease lemons may be entitled to reimbursement for time lost at work due to car problems.
Generally speaking, the Lemon Law applies to vehicles under a manufacturer’s express or implied warranties. It covers both new and demonstrator vehicles, as well as some used cars. However, it does not cover motor homes or recreational vehicles with living facilities. Also, it doesn’t cover vehicles designed to run exclusively on tracks or trucks weighing more than 10,000 pounds.
Consumers with a vehicle problem can file a complaint with the manufacturer’s informal dispute settlement program, an arbitration board, or the state attorney general’s office. A lawsuit is usually unnecessary, but working with a lemon law lawyer dramatically improves consumers’ chances of success.
If a vehicle is found to be a lemon, the manufacturer will refund or replace it. The award amount is calculated based on the car’s use and is known as the “reasonable offset for use.” This calculation takes into account the mileage that the car has been driven.
Reimbursement for Additional Expenses
The Florida Lemon Law applies to new and secondhand vehicles leased or acquired in the state. It also covers motorcycles, RVs, and boats with factory-installed engines. If these vehicles prove defective within the manufacturer’s warranty, the lemon law protects consumers by providing them with a refund or replacement vehicle. Additionally, they may be able to claim reimbursement for other expenses related to the car’s repair or loss of use.
Prospective lemon law claimants must be organized and prepared when gathering case documentation. They must include receipts, service records, and letters from the company that acknowledge or refuse to address issues with their vehicles. They should also document all their attempts to resolve the problem with their vehicles.
If a court decides a car is a lemon, the manufacturer must provide a refund or replace it. Manufacturers who repurchase vehicles must pay the vehicle’s cash price, any allowance for a trade-in vehicle, and collateral charges (reasonable sales taxes, title charges, and manufacturer-installed or agent-installed items). They must also reimburse reasonable incidental charges directly caused by the nonconformity. Manufacturers can withhold a reasonable offset for use, calculated by multiplying the miles on the vehicle at the time of its purchase or first arbitration hearing.
A reasonable attorney can help you understand all the repair options available if your car is considered a lemon. They can also guide you through pursuing compensation from the manufacturer, including through an established dispute settlement procedure, division, or board.