Florida Lemon Law Attorneys Blog

There are many advantages in buying a used car as long as it is not someone else’s lemon. Buying a used car requires greater caution if you live in Florida because Florida Lemon Law does not honor extended warranties on Florida used cars. Extended warranties generally cover major drive train parts like the engine, trans-axle, and transmission. These extended warranties generally operate more like insurance policies and are subject to regulation in Florida. In the case of an ‘as-is’ vehicle once you hit the road with it, it is yours and the repairs are also yours. The ‘as- is’ cars are also not covered by the Florida Lemon Law.

The Florida lemon law program does not cover:

• Used cars
• Vehicles that run only on tracks
• Off-road vehicles
• Trucks over 10,000 pounds gross vehicle weight
• Motorcycles
• Mopeds
• The living facilities of recreational vehicles

What makes a car a lemon according to the Florida Lemon Law:

• Nonconformities/defects/conditions that substantially impair the use, value or safety of the new vehicle
• These defects must be first discovered within the first 24 months after the date of delivery to the consumer
• The defect persists after 3 attempts to repair these defects

The Florida Lemon Law does not cover defects that result from accident, neglect, abuse, modification or alteration by unauthorized dealers. To get the best out of the Florida lemon law do not delay in reporting a problem.

To get the best out of the Florida lemon law the consumers should:

• Keep records of all repairs and maintenance
• Obtain a written repair order from the service agent/dealer for each repair under the warranty
• Make note of the dates the vehicle was taken in for repair and when the work was completed
• Make note of the Odometer mileage before and after the vehicle was left at the shop for repairs
• Save all receipts or invoices for payment of expenses related to the purchase/lease/repairs of the vehicle
• Give written notification by certified, registered or express mail, to the manufacturer to afford a final opportunity to repair the vehicle

The Florida lemon law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle.

There are some advantages in buying a used car as long as it is not someone else’s lemon. Buying a used car calls for greater caution if you live in Florida because Florida Lemon Law does not honor the extended warranties on Florida used cars. Extended warranties generally cover major drive train parts like the engine, transaxle, and transmission. Since they operate more like an insurance policy and are subject to regulation in Florida, check with the Florida Department of Insurance for information on service contracts. In the case of an “as-is” vehicle once it hits the road with you it is yours and the repairs are also your responsibility since “as- is” cars are not covered by Florida Lemon Law.

Let us just look why you may consider buying a used car:

• Price of new cars is always on the rise. Used car that is already old by a year or two, saves lots of money and any expensive accessories present in the car may get included in the deal
• When you buy a new car, close to a twenty percent of its value is lost in the first year of your ownership. A used car would not depreciate as much as it had, after it was bought from the show room

Since in Florida, used cars are not covered by Florida Lemon Law one must be very careful lest one should land a lemon used car. You can thoroughly research to avoid any unsavory experience with the Florida used cars. You can start with the Consumers Reports magazine for very reliable information on car history. Look for the information on various lemons and recalls for both new and used cars, their maintenance and repair information. Vehicle Identification Number (VIN) helps you obtain the previous owners’ name. For a small fee, the National Automobile Dealers Association runs a title search on a vehicle to check if the vehicle was salvaged, flood damaged, recalled or had its odometer rolled back.

Actual appraisal of the used vehicle:

• Appraise the used vehicle in day light. Pay more attention during the vehicle checks for the visibility, safety features, comfort and ride
• Take it to a trusted mechanic or auto diagnostic service before you make a final decision since Florida used lemon cars are not covered by Florida Lemon Law
• Price of the used car must be consistent with its odometer reading. Scratches on the odometer/dashboard, misaligned digits, and digits that stick or an odometer that fits loosely speaks volumes about odometer tampering

The Magnuson-Moss Warranty Act of 1975 requires that warranties should be available even before the purchase of a car. Read the small print in the warranties carefully and obtain copies of every document you sign. Get any warranty, agreement or promises made in writing to get the best out of the Florida Lemon Law.

Under the Florida Lemon Law, you can sue the Florida used car seller/dealer for breach of express warranties, implied warranties or a service contract.

There are some advantages and some pitfalls in buying a used car. Florida used lemon cars with extended warranties may not be covered by Florida Lemon Law. Around 20 percent of a new car’s value is lost in the first year of ownership. Buying a used car that is a year or two old can save thousands of dollars as the price of new cars is increasing. Expensive accessories become dirt cheap in a used car. By the time it is two years old, its problems get discovered and corrected leaving the car value stable. With advancements in the manufacture of automobiles in the last two decades cars with a loving owner continue to give reliable services indefinitely. Some owners claim their cars were with them for over a decade or two and had run 200,000 miles without the slightest hitch. If you end up paying a little more than you can afford for the right used car, it gets paid off on its low maintenance costs in the long run. A used car does not depreciate as rapidly as it did when it was first bought. Check if it is someone else’s lemon. Since Florida used lemon cars with extended warranties may not be covered by Florida Lemon Law.

Since Florida used lemon cars are not covered by Florida Lemon Law one must be very careful with one’s choice of the used car. Consumers Reports are a very reliable source for information on car history of various lemon and recalls for both new and used cars besides their maintenance and repair information.

To compare and get the best prices and deals, personally visit

• New car dealers
• Used car dealers
• Rental car companies
• Leasing companies
• Private individuals

Since Florida used lemon cars are not covered by Florida Lemon Law you need to be extra careful with the vehicle checks. Pay extra attention to its visibility, safety features, comfort and ride.

Appraise the used vehicle in day light. The interior of a used car gives away the overall condition of it. Compare the price quoted for consistency with the odometer reading. If the vehicle is in exceptionally good condition, look for scratches on the odometer/dashboard, misaligned digits, and digits that stick or an odometer that fits loosely for signs of odometer tampering. If you suspect odometer fraud on the used car you have purchased, the DMV can assist you in obtaining a record of all previous Florida owners and odometer statements from the dealers involved. Due to the importance of the odometer reading in determining the value and condition of a vehicle, state and federal laws have been enacted making it illegal to tamper with a vehicle’s odometer. Remember that Florida used lemon cars are not covered by Florida Lemon Law. Obtain a history of service.

Extended warranties are generally offered by manufacturers to cover major drive train parts like the engine, transaxle, and transmission at an extra cost. They operate like an insurance policy and are subject to regulation in Florida. For information on service contracts, check with the Florida Department of Insurance.

Shop during daylight hours in order to thoroughly inspect the vehicle and take a test drive up the hills, on highways and in traffic at rush hour. Check if it is someone else’s lemon since Florida used lemon cars are not covered by Florida Lemon Law.

Since Florida used lemon cars are not covered by Florida Lemon Law you need to be extra careful with the vehicle checks, find out as much as possible about the car’s prior history and maintenance record. With the vehicle identification number, you can contact your local tax collector’s office or the DMV to obtain the previous owners’ name. For a small fee, the National Automobile Dealers Association runs a title search on a vehicle if the vehicle has been salvaged, flood damaged, recalled or had the odometer rolled back. Remember that Florida used lemon cars are not covered by Florida Lemon Law.

Take it to a trusted mechanic or auto diagnostic service before you make a final decision since Florida used lemon cars are not covered by Florida Lemon Law you need to be extra careful with the vehicle checks.

Certification of Pollution Control Form: This form certifies that the vehicle has all required pollution control devices and has not been tampered with. As of June 29, 2000, Florida no longer requires emissions testing.

In the case of an “as-is” vehicle once it hits the road with you it is yours and the repairs are also yours since in Florida “as- is” cars are not covered by Florida Lemon Law.

The Magnuson-Moss Warranty Act of 1975 requires that warranties to be available even before the purchase. Under this federal law, you can sue based on breach of express warranties, implied warranties or a service contract. Read warranties carefully and obtain copies of the documents you sign. Get any warranty, agreement or promises made in writing to get the best out of the Florida Lemon Law.

March 7-13 is National Consumer Protection Week 2010. It’s a week the government will devote to providing free resources and information to better inform consumers how and where to spend their money.

Gov. Chris Gregoire, Olympia, WA has signed two new consumer protection bills into law, and it just happens to come on National Consumer Protection Week. One deals with the lemon law rights of used car buyers.

New Lemon law for Used Cars

Under the old law, the lemon law applies only to new cars. The new consumer protection bills on lemon law offers added protection for buyers of used cars.

The used car price has actually gone up because of their demand. People are not allowed the information they ought to have when they want to buy used cars. If you buy a lemon car without the knowledge and find out it’s a lemon later the resale value of this used car plummets.

You can make an informed decision for buying if you are allowed the information by the used car dealer about the defects of the lemon buy back in the market on sale.

Lemon law rights for Used Car Buyers

At used car lots the used cars may look relatively new. The right to information renders a buyer to make an informed decision about his buy, despite its looks.

In the case of a lemon, the dealer should inform the consumer if

• The car has specific problems
• These are the cars that had been the buy backs by the manufacturer from the erstwhile owners
• These lemon cars were wholesaled by the manufacturers and are on sale
• You might be willing to buy a car that’s been returned as a lemon if
• You have a right to information on the defect that had turned the vehicle a lemon
• The price is appropriate even if the car has a problem

The new law is especially timely

• The new law necessitates the dealer to inform you about the car’s specific issue or problem if it’s a lemon
• The slumping economy has boosted the popularity of used cars
• A used car dealer is required to disclose to a prospective buyer if a car has been returned as a lemon, just as any new car dealer would

President Obama’s “Presidential Proclamation” in a March 5 White House press release explains that National Consumer Protection Week (NCPW) gives all Americans an opportunity to become better-informed consumers.

The second law the governor Chris Gregoire, Olympia, WA signed deals with scammers targeting homeowners headed into foreclosure to take advantage of them.

The inexpensive small cars, the Chevrolet Aveo and Chrysler PT Cruiser join the Cadillac STS and Mercury Grand Marquis as some of the most dangerous vehicles of 2010.

According to crash tests conducted by the Insurance Institute for Highway Safety:

• The way a car handles itself during a crash tells about the severity of the occupants’ injuries
• Some cars hold up better than others
• Tiny cars and low-level sedans are especially at risk
• Bigger cars, because of their mass, generally fare better in tests–but may be more likely to roll.

The Cadillac STS fared poorly in rear-collision tests.

The most dangerous cars based on the IIHS crash-test results on 2010 model-year vehicles for each overall front, side and rear ratings:

• A “poor” rating means severe and possibly fatal trauma happened to drivers and/or passengers during the crash
• A “good” rating means little to no trauma occurred: Received 4/12 points
• Acceptable received 3 /12 points

Mitsubishi Gallant and Nissan’s Titan truck score only slightly lower in otherwise safe classes.

• The Jeep Wrangler two-door received “poor” side-impact ratings
• The Jeep Wrangler four-door received “marginal” side-impact rating

The Jeep Wrangler’s removable doors hurt their side-impact test scores.

• The Chevrolet Aveo, Chrysler PT Cruiser, Cadillac STS and Mercury Grand Marquis: They have the worst crash-test ratings in their class.

They each received “marginal” test-results for side- and rear-impacts.

The IIHS tests are more severe than those administered by the Department of Transportation’s National Highway Traffic Safety Administration.

• IIHS’s front test is a 40-mile-an-hour front-offset collision into an unmoving barrier. Its side crash is a T-bone collision set at 30 miles an hour
• NHTSA tests head-on collisions by a concrete barrier striking at 35 mph. Researchers there evaluate fewer sections on the dummy’s head, chest and legs. Its side impacts are set using a 1.5-ton trolley set at 38 mph

The good news for the Bigger and the midsize car Owners

Bigger cars: In a crash, vehicles with more mass fare better than smaller vehicles

• A 5,500-pound Chevrolet Tahoe will beat a 1,000-pound Nissan Micra

The midsize cars: There are a number of midsize cars with the less powerful engine.

• They give gas mileage that is comparable to many of the smaller cars
• Crossovers and wagons being midsize as opposed to small offer the size advantage with good crash-test ratings

The newest, most expensive safety options are no more the newest, most expensive safety options

• Automakers often put the newest, most expensive safety options in their high-end line first, to test driver acceptance
• Then, as awareness increases and production volumes rise, manufacturers install the same features in mainline vehicles, with less cost attached
• When non-luxury-brands tout safety, manufacturers try to find breakthroughs that aren’t very expensive

Poor driving is to blame too

Texting while driving: A bill passed would fine drivers for texting while driving.

• According to AAA 8,000 crashes occur each day nationwide and 80% of them are caused by distracted driving
• According to the National Safety Council, an Illinois-based organization the average economic cost per traffic fatality in 2007, was $1.1 million and $61,600 for a disabling injury

Toyota announces recall of 437,000 hybrid vehicles worldwide for a software fix in antilock brake systems (ABS). The recall was announced after receiving more than 200 complaints of delayed response from the brakes in its Prius vehicle. These complaints escalated as the weather became colder.

Toyota announces an earlier global recall of 7 million of its cars. The recent announcement of new hybrid vehicle recall is not included in it.

• Toyota will recall the Prius, the Lexus HS250h sedan, (sold in the U.S. and Japan), and the Sai, sold in Japan
• Toyota brake problem can be fixed in just 40 minutes with an update in the antilock brake software
• The Camry and the Highlander SUV were on the bad accelerator pedal list
• Despite the recall announcement, American depositary receipts of Toyota gained 2.8% to $74.85 in New York, early Tuesday.

Why do Toyota Hybrids sell?

• They work
• They are most attractive to buyers of small, light cars where fuel economy gains are large
• The Prius is rated at 51 miles per gallon in city

The GM hybrid system for its big vehicles, which raised fuel economy from 18 to 22 mpg, did not sell. Even the Honda systems were not very successful for the same reason.

• Hybrid saves money: They add to the cost, anywhere from $4,000 to $10,000
• Government demands for a future average of 35.5 miles per gallon

Electric cars as an alternative

Electric cars stir less enthusiasm

• Their batteries cost about $10,000 for a 40-mile range
• Few stations are available to recharge
• Their range is generally much less than today’s gasoline-powered cars