Florida Lemon Law - Resources
Overview of Florida Lemon Law
At Allen Stewart, P.C., we understand the frustration and financial strain that can come with purchasing a defective vehicle. Florida's Lemon Law is designed to protect consumers who find themselves in such unfortunate situations. It mandates that if a new vehicle exhibits defects which substantially impair its use, value, or safety, and these issues cannot be repaired within a reasonable number of attempts, the manufacturer must either repurchase the vehicle or replace it.
Qualifying Vehicles
Vehicles Covered: In Florida, the Lemon Law applies to new cars, trucks, and recreational vehicles purchased in the state. It covers defects that arise within 24 months after the vehicle's delivery to the consumer.
Lemon Law Rights for Consumers
Consumers are entitled to a replacement or refund for a vehicle that qualifies under the Lemon Law. This includes the reimbursement of certain costs associated with the defective vehicle, such as purchase price and collateral charges, less a reasonable allowance for the consumer's use of the vehicle.
Lemon Law Claims Process
Steps to File a Claim: The process involves notifying the manufacturer of the defect, allowing a reasonable number of attempts to fix the issue, and if unresolved, submitting a Lemon Law claim through the Florida New Motor Vehicle Arbitration Board or directly with the manufacturer if stipulated by the warranty.
Manufacturer Obligations
Manufacturers are required to make the necessary repairs to correct the vehicle defect. If unable to do so within a reasonable number of attempts, they must either repurchase the defective vehicle or provide a replacement to the consumer.
Remedies Available to Consumers
Consumers can choose between having their vehicle repurchased or receiving a replacement. Additionally, they may be entitled to recover costs such as taxes, registration fees, and reasonable attorney fees.
Legal Assistance for Lemon Law Cases
At Allen Stewart, P.C., we offer expert legal assistance to navigate the complexities of the Lemon Law. Our fee structure ensures that seeking justice does not add to our clients' financial burdens, as our fees are covered by the judgement against the manufacturer.
Exemptions to Florida Lemon Law
Not Covered: The law does not apply to vehicles run only on tracks, off-road vehicles, trucks over 10,000 pounds GVW, and vehicles purchased for resale.
Common Issues Covered by Lemon Law
Defects that substantially impair the use, value, or safety of the vehicle, such as engine problems, transmission issues, and severe electrical malfunctions, are covered under the Florida Lemon Law.
Steps to Take if Your Vehicle Qualifies under Lemon Law
- Document all defects and repair attempts.
- Notify the manufacturer in writing of the specific issues.
- Allow the manufacturer a reasonable number of attempts to repair the defects.
- Contact a qualified lemon law attorney if the issue is not resolved.
Frequently Asked Questions about Florida Lemon Law
How long do I have to file a claim? Claims must be filed within 24 months after the delivery of the vehicle.
What counts as a 'reasonable number of attempts' to repair the vehicle? Florida Lemon Law considers it reasonable if the vehicle has been subjected to repair at least three times for the same defect without success, or if the vehicle has been out of service for repair for 30 or more days.
At Allen Stewart, P.C., we stand ready to assist you if your vehicle qualifies under the Florida Lemon Law. With our experienced team, we're committed to holding manufacturers accountable and securing the best possible outcome for our clients. Contact us today to learn more about how we can help you navigate the Lemon Law process and fight for your rights as a consumer.