(SOMETIMES FOUND AT NEW CAR DEALERS)
It is a given that in most cases we love buying cars. The sheer number of new automobiles sold according to a 2017 study were a bit more than 7.1 million new vehicles nationwide. And most of these sales range in result from relative satisfaction to adulation on par with that of a collector.
The purpose of this blog is to inform that small but hurting percentage who have purchased a lemon in Florida and unfortunately these lemons costs thousands of dollars each. Florida has recognized the importance and expense inherent in a vehicle purchase; it is often the second most expensive purchase a consumer makes, after a home. Florida’s has enacted its “Lemon Law” Its current version is contained in §681.10 et seq, Fla. Stat. (2017). It is titled rather blandly as “Motor Vehicle Sales Warranties.” The blogger herein would opine that the title was a bone thrown to a very influential lobby, that of new-car dealers.
Each state’s laws will have nuances that differ from Florida’s. In order to avail a consumer of Florida’s statutory rights and remedies the purchaser/lessee of the new car must meet the following definition. “Consumer” means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle primarily used for personal, family, or household purposes; any person to whom such motor vehicle is transferred for the same purposes during the duration of the Lemon Law rights period; and any other person entitled by the terms of the warranty to enforce the obligations of the warranty.
The Lemon Law covers defects or conditions that substantially impair the use, value or safety of a new or demonstrator vehicle (these are called “nonconformities”). These defects must be first reported to the manufacturer or its authorized service agent (usually, this is the dealer) during the “Lemon Law Rights Period,” which is the first 24 months after the date of delivery of the motor vehicle to the consumer. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent. DO NOT DELAY in reporting a problem as this may cost valuable time and protection.
Consulting an attorney at the earliest opportunity that a potential claim is looming is invaluable. The link to the Florida Statutes regulating Motor Vehicle Sales Warranties is attached hereto.
There is no charge for an initial consultation and in most cases the prevailing party if it is the consumer will also be entitled to their attorney’s fees to be paid by the opposing party, most often the automobile manufacturer.
Qualifying for this coverage is a vehicle within the 24-month Lemon Law Rights Period
The best advice we can offer is to contact an experienced law firm. The DRG Law Firm has 40 years of experience and has won millions for our clients. We are standing by 24/7 and 365 days a year ready to fight for your rights. Call us about your legal problem or any other personal injury or insurance claim related questions you may have. Call us – “We are the Problem Solvers” (888) 413-8353.