Florida Lemon Law Attorneys Blog

Auto-related complaints were quoted as the top issue in a 2010 complaint survey, for the second year in a row. These auto-related complaints include misrepresentations in advertising or sales of new and used cars, lemon buy backs and used cars with faulty repairs, misrepresentations regarding the leasing and towing disputes of the used cars. This 2010 complaint survey was conducted by the Consumer Federation of America (CFA), the National Association of Consumer Agency Administrators (NACAA), and the North American Consumer Protection Investigators (NACPI) who collectively looked at more than a half million complaints in 18 different states.

According to Florida’s Attorney General’s Office, issues related to automotive repairs have always been topping the list of consumer complaints. Despite the implementation of state and federal laws protecting Florida car consumers against fraudulent car related business practices, every year scores of Florida car consumers lose money to Florida car deal fraud. If you are planning to buy a Florida new or used car, it is wise on your part to know your Florida lemon law rights and help protect your investment.

Purchasing a Florida new or used car

For most Florida car consumers, buying a new automobile constitutes a huge investment, after a home. It is essential, therefore, that as a Florida new or used car consumer you should educate yourself about your Florida lemon law rights and be prepared to make a wise Florida car deal.

If you are a Florida resident and planning to buy a Florida new or used car decide how much you are planning to spend on it. Visit as many Florida car dealerships as possible for comparing models, prices and deals. Do not hesitate to negotiate for the best deal and do not let yourself pressurized by the salesman. Be persistent and get the right answers, avoid buying accessories you do not need. Read between lines in the dealer and manufacturer warranties before signing the purchase contract.

The Florida lemon law

Florida’s Motor Vehicle Warranty Enforcement Act, also known as the Florida lemon law, provides protection against new defective Florida cars.

The Florida lemon law states that if:

• Three unsuccessful repair attempts by the dealership for the same recalcitrant problem in your Florida car fail to fix it, you should notify the manufacturer, within the first 18 months of ownership or 24,000 miles driven, whichever occurs first
• The manufacturer fails to fix the problem in your Florida lemon car, you are entitled to file for arbitration
• A panel appointed by the state arbitration board finds the new Florida car a lemon, you are entitled to either a replacement vehicle or a refund
• The new Florida car is found a lemon, you are entitled to collateral costs, minus an offset for your use of the Florida lemon car

According to the Florida lemon law when you buy or lease a new motor vehicle, you must receive:

• A Florida lemon law booklet explaining your rights as a Florida new car consumer
• The Florida lemon law booklet with a toll-free number for the Florida lemon law Hot-line
• The Florida lemon law booklet with a form to notify the manufacturer in case your Florida car has a recalcitrant defect

Florida used vehicles and the Florida lemon law

Generally the warranties that come with a used car are those expressly provided by a dealer or part of the original manufacturer’s warranty. Since Florida used cars are not covered by the Florida lemon law, it is critical that you inspect the Florida used car thoroughly before its purchase.

• Get the Florida used car checked by a mechanic for its brakes, drive train, engine, interior, odometer, suspension, steering and tires
• According to the Florida lemon law, a Florida used car’s odometer should not be altered or tampered with, in any way
• If the miles on the Florida used car’s odometer appear dubious, ask for the odometer statement from the current owner
• The Florida used car’s history since manufacture can be obtained from the Florida Department of Highway Safety and Motor Vehicles with the help of its title number or Vehicle Identification Number (VIN)
• According to the Florida lemon law, resale of for-hire vehicles, police vehicles, rebuilt vehicles, and taxicabs should be accompanied by a notice of the vehicle’s history

Information given above is not intended as legal advice. You may continue your lemon law claim or any other contention with your automobiles by contacting Florida Lemon Law Attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

According to Florida’s Attorney General’s Office, issues related to automotive repairs have always been topping the list of consumer complaints. Despite the implementation of state and federal laws protecting Florida car consumers against fraudulent car related deals, every year scores of Florida car consumers lose money to Florida car deal fraud. If you are planning to buy a Florida new or used car, it is wise on your part to know your Florida lemon law rights and help protect your investment.

Check how the Florida Consumer Protection law comes handy to protect your rights in your Florida car deal.

The Florida Consumer Protection law against fraudulent Automobile Repair states that:

• All Florida car repair shops must be registered with the state
• For any Florida car repairs exceeding $50, the Florida car repair shop must provide you a written estimate
• The Florida car repairs shop must inform you as a Florida car consumer before executing a repair that may cost more than the estimate by $10 or 10 percent, whichever is greater
• After a repair work is completed, the Florida car repairs shop must provide a legible copy of the repair invoice listing the repairs done with an itemized description of parts, labor charges and guarantees, if any

The Florida Consumer Protection law against fraudulent Repossession

You may want to buy a Florida new or used car on credit in which case you must remember that your creditor has rights over the car financed and that you must be very religious in paying the debt according to your loan agreement.

If you fall behind your Florida new or used car credit payments:

• Your creditor can seize your vehicle without a prior notice to you
• Your creditor can keep the vehicle as a compensation for the unpaid debt or resell it before informing you
• You will only be notified of a private sale of your Florida new or used car after the sale by your creditor
• You have a right to demand the sale of your Florida new or used car to pay the debt on it
• Your Florida new or used car vehicle sale must be conducted in a commercially viable way and the price must be equal to your Florida car’s fair market value
• After the debt on your Florida new or used car is paid, you can claim the rest from your Florida new or used car sale
• You must be notified of the date in advance in case your Florida new or used car is sold at a public auction

The Florida Consumer Protection law against fraudulent Home Solicitation

According to the Florida Consumer Protection law, home solicitation constitutes sale, lease, or rental of a Florida used car at any place other than the seller’s physical office.

According to the Florida Consumer Protection law, if your Florida used car home solicitation sale is for more than $25, as a Florida used car consumer you have a number of protections as mentioned below:

• You have a right to cancel your home solicitation deal of the Florida used car by midnight of the third business day after you signed the agreement to purchase
• Your notice of cancellation as a Florida used car consumer must be in writing
• Your notice of cancellation as a Florida used car consumer, must be delivered to the seller or the post office before the cancellation period is over
• If you cancel a home solicitation purchase of your Florida used car within the three-day period, the seller will return you the money you paid and the note of purchase or the IOU

Information given above is not intended as legal advice. You may continue your lemon law claim or any other contention with your automobiles by contacting Florida Lemon Law Attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

In case your Florida lemon law claim is not honored by the state lemon law, you may seek the same protection under a federal law, the Magnuson Moss Warranty Act. The Magnuson Moss Warranty Act applies to cars, trucks and recreational vehicles (RVs) and boats. The Magnuson Moss Warranty Act was created by Congress to provide protection to consumers when a manufacturer, dealer or service provider fails to honor the terms of a warranty. The Magnuson-Moss Act is a Federal Trade Commission Act that is intended to increase the enforceability of warranties and protect consumers.

The Magnuson-Moss Warranty Act was designed to protect consumers from deceptive warranty practices. The Magnuson-Moss Warranty Act extends the Florida new and lemon used car consumers’ protection and resolves warranty complaints.

The provisions as given in the Magnuson-Moss Warranty Act for enforcement of rights and remedies are read by the Florida lemon law attorneys in conjunction with those rights, remedies and defenses given in the Uniform Commercial Code. A Florida lemon law attorney also takes into consideration, lemon laws and other state laws used to create special rights and remedies for the Florida new and lemon used car consumers. The Magnuson Moss Warranty Act even applies if the defect Florida lemon used car is eventually repaired but took a very long time to do so.

The Magnuson-Moss Warranty Act creates federal causes of action as the following:

Breach of written warranty for the Florida new and lemon used car

Definition of “limited” and “full” warranties for the Florida new and lemon used car:

• Under Magnuson-Moss Warranty Act, there is a cause of action for breach of any written warranty, for the Florida lemon cars whether “full” or “limited”
• The cause of action is valid even where written warranty for the Florida lemon car has already expired, as long as the defects appeared during warranty period
• No automobile manufacturer offers a full warranty but may offer only a “limited” warranty
• When a warranty is “limited” for the Florida lemon cars, proving breach of warranty under the Act is similar to the one proving a breach under the UCC
• The Florida lemon car consumer must prove that a warranty was made, breached and an injury occurred
• The Florida lemon car consumer must prove that the breach of warranty had caused the injury

The “lemon provision” in the Magnuson-Moss Warranty Act is available in the case of a “full” warranty for both the Florida new and lemon used car

• A Florida new or used lemon car consumer suing under a “full” warranty does not have to prove the breach of a written warranty
• A Florida new or used lemon car consumer suing under a “full” warranty only has to show the existence of a “defect, malfunction, or failure to conform to such written warranty”
• A Florida new or used lemon car consumer should also prove that the “defect, malfunction, or failure to conform to such written warranty” continued to exist even after the warrantor had a reasonable number of attempts at fixing the Florida new or used lemon car

Written warranty under the Act defined in § 301(6) is not identical to “express warranty” under the UCC

A “written warranty” for the Florida new or used car does not include mere product claims, made without regard to any time period. Besides, oral guarantees are not written warranties under the Act, though they are deemed express warranties under UCC § 2-313.

Under the Act, “written warranty” for the Florida new or used car includes promises, affirmations or undertaking for the Florida new or used car and they must form part of the basis of the Florida new or used car bargain between a supplier and buyer of a Florida new and used car.

Following are some of the promises and affirmations made with the sale of a Florida new or used car:

• The Florida new or used car is free of defects in material or workmanship
• The Florida new or used car will meet a specified level of performance over a given period of time
• The manufacturer of the Florida new or used car will take remedial action if the product fails to meet the specifications as set in the undertaking

The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Florida Lemon Law Attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

In case your Florida lemon law claim is not honored by the state lemon law, you may seek the same protection under a federal law, the Magnuson Moss Warranty Act. The Magnuson Moss Warranty Act applies to cars, trucks and recreational vehicles (RVs) and boats. The Magnuson Moss Warranty Act was created by Congress to provide protection to consumers when a manufacturer, dealer or service provider fails to honor the terms of a warranty. The Magnuson-Moss Act is a Federal Trade Commission Act that is intended to increase the enforceability of warranties and protect consumers.

In some cases, the Magnuson Moss Warranty Act applies to used cars too. The Magnuson Moss Warranty Act even applies if the defect is eventually repaired but took a very long time to do so.

Florida’s Second District Court of Appeals states that the lessee:

• Of an automobile with a written warranty is a consumer under the Magnuson-Moss Act
• Of a car is a Category Two Consumer under the Act or a person to whom the Florida car was transferred during the term of the written warranty
• Is also a Category Three Consumer under the Act, or a person entitled to enforce the terms of the warranty against the warrantor

How does the Magnuson-Moss Warranty Act support the Florida lemon law claim?

• Florida consumers who buy or lease a Florida car, boat, or an RV that proves to be defective may seek repairs, reimbursement, or a replacement vehicle
• In doing so, Florida consumers would rely on Federal and/or Florida laws designed to protect people who are sold or leased a Florida lemon car with a defect that can substantially impair its use, safety or value
• While Florida’s lemon law, the motor vehicle sales warranties act applies only to new vehicles, the federal Magnuson-Moss act applies to used vehicles too

When are the express warranties and implied warranties involved?

• When a Florida dealership sells a vehicle to a consumer, both express and implied warranties are usually involved
• Since most of these warranties come from the vehicle’s manufacturer, but not from the Florida dealer, manufacturers are often required to defend dealerships against the Florida lemon law and the Magnuson-Moss Warranty Act claims
• Manufacturers may also have to indemnify the Florida dealerships if they suffer losses as a result of such Florida lemon law or the Magnuson-Moss Warranty Act claims

Is a dealership penalized for misleading a Florida car consumer?

The responsibility for a breach of a warranty also lies with the Florida dealership if:

• A Florida car dealership’s representative knew that the buyer intended to buy or lease a vehicle for certain use
• A Florida car dealership’s representative knowingly warranted the vehicle that it is fit for his specific use when it actually does not
• A Florida car dealership’s representative fails to move such transaction up the chain to the manufacturer concerned

If you think you have landed or leased a Florida lemon car, consult a Florida lemon law attorney to get the best out of both the Florida lemon law and the Magnuson-Moss Warranty Act against your Florida lemon.

Information given above is not intended as legal advice. You may continue your lemon law claim or any other contention with your automobiles by contacting Florida Lemon Law Attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

A car is one of the most common consumer buys. Purchasing a car is one of the most expensive propositions most of us make after a house. Even if we buy a car almost every five or ten years, we cannot boast that we know everything about the car we purchase. As the years are passing, a car on the road is becoming increasingly complex due to the technology growth that is occurring in the auto industry by leaps and bounds and we are at a loss with so many systems and processes to comprehend. And the models of the cars available in the market today are mind boggling, to start with. This puts us all in a state that we come to heavily rely on the advice and mercy of a car salesman. That is why we need the intervention of lemon laws, in case we are taken out on a long ride over a lemon car.

If you are living in the state of Florida and have bought yourself a car in the state of Florida, there are laws that protect you with your investment.

The Florida lemon law

In addition to any dealer or manufacturer warranty, Florida’s Motor Vehicle Warranty Enforcement Act, also known as the Florida lemon law, provides new automobile buyer’s protection from obviously defective new automobiles.

The Florida lemon law states that:

• If after three repairs for the same problem a dealer is unable to fix your Florida lemon car, you have to notify the manufacturer
• You must report the problem with the Florida lemon to the dealer within the first 18 months of your ownership or 24,000 miles, whichever occurs first.

Under the Florida lemon law, when you buy or lease a new motor vehicle, you must receive a Florida lemon law booklet explaining your rights.

Does the Florida lemon law cover used cars?

The Florida lemon used cars are NOT protected by the Florida lemon law, which is why:

• It is extremely important that you should thoroughly inspect a Florida used car before purchasing it
• The warranties expressly provided by a dealer with a Florida used car are very important documents which entitle you to your Florida lemon law rights
• The manufacturer’s active warranty is a very important document as it entitles you to your Florida lemon law rights as a Florida used car owner
• As a Florida used car buyer, you should closely inspect the tires, suspension, engine, drive train, steering, brakes, and the interior of the Florida used car
• As a Florida used car buyer you should take a mechanic to inspect the Florida used car you intend to buy

Why is the number of miles on a Florida used car important?

Since the Florida used cars are “used”, the number of miles on them is important.

• Under the Florida lemon law, vehicles with lower mileage on the odometer are more valuable than those with higher mileage on the odometer
• Under the Florida lemon law, a vehicle’s odometer cannot be altered, disconnected, or tampered with
• Under the Florida lemon law, if the odometer reading appears odd, check the odometer statement available with the current owner
• Check with the title number or Vehicle Identification Number (VIN) to get a complete history of the vehicle since its manufacture, at the Florida Department of Highway Safety and Motor Vehicles
• Under the Florida lemon law, unless the notice of vehicle’s previous use is included with the title, the resale of taxicabs, police vehicles, for-hire vehicles or rebuilt vehicles is prohibited

Problems associated with car repairs rank number one in consumer complaint

Problems associated with repairing a car rank the highest in consumer complaints, according to the Office of Florida Attorney General.

According to the Florida lemon law:

• All repair shops in Florida must register with the State of Florida
• For repairs that cost more than $50, the repair shop must provide the consumer with a written estimate
• The shop must also contact the consumer before exceeding the estimate by $10 or 10%, whichever is greater
• After any repair work is completed, the repair shop must provide a legible copy of the repair invoice showing the work done
• After any repair work is completed, the repair shop must provide a legible copy of the itemized description of parts and labor charges along with the warranty, if any

The Florida lemon law – Used car or New Car Repossession by Creditors

Since You can buy a new vehicle or a Florida used vehicle on credit, you should remember that:

• Creditors retain significant rights over the vehicle if you do not honor the loan agreement
• If you default on your loan, the creditor has a right to seize the vehicle, at his own discretion without prior notice
• After repossession, the creditor may keep the vehicle in lieu for the unpaid debt or resell it
• Either ways, you must be informed by the creditor
• You have the right to demand that the vehicle be sold
• Any money received from the sale beyond the amount of the debt be returned to you
• If the vehicle is to be sold at a public auction you must be notified of it, in advance
• When the vehicle is sold, the sale must be conducted in a commercially reasonable manner
• When the vehicle is sold, the price must approximate the vehicle’s fair market value
• The creditor may reinstate the your credit
• He can even allow you to buy the vehicle back

The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Florida Lemon Law Attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

After your home, your new car constitutes the largest purchase you make and it jolly well should work properly as promised in the express written warranty.

Unfortunately, not all new cars live up to their promise. Sometimes the new vehicle gets mired with huge problems and sometimes small and frequent problems. As a rule, these problems are covered by a manufacturer’s express written warranty. In Florida, if the manufacturer fails to live up to his express written warranty, there are consumer protections. New car buyers are protected by the Motor Vehicle Warranty Enforcement Act, commonly known as the “lemon law”. The Florida lemon law has special protections for new car buyers.

What are the cars that are covered by the Florida lemon law

?

The Florida lemon law covers:

• New cars purchased for personal, household or family purposes
• Demonstrators
• Vehicles leased for more than one year
• The mechanical portions of an RV, excluding living quarters

What are the cars that are excluded by the Florida lemon law?

The Florida lemon law does NOT cover:

• Off-Road Vehicles
• Motorcycles
• Mopeds
• Trucks weighing more than 10,000 Pounds

How long is my new car protected by the Florida lemon law?

Your car is protected by the Florida lemon law

• During the first 24 months from the date of purchase if you are the original owner
• During the first 24 months from the date of purchase if you are a subsequent owner who has purchased the vehicle

What type of defects is covered by the Florida lemon law?

The Florida lemon law does not cover all possible defects in your car.

The Florida lemon law covers:

• Recurring defect/s or a nonconformity

How does the Florida lemon law define a recurring defect or nonconformity?

• According to the Florida lemon law a nonconformity is a defect that significantly impairs the use, value or safety of a vehicle
• According to the Florida lemon law a defect is NOT a nonconformity if it occurs because of an accident, abuse, neglect, modification or alteration by someone other than the manufacturer or its authorized service agent

Who should I contact if I find nonconformity in my new car?

According to the Florida lemon law, a nonconformity found in your new car purchased in Florida should:

• Be notified to the manufacturer
• NOT be notified to the dealer

How do I know do if the recurring defect in my new car is a nonconformity?

According to the Florida lemon law, a defect recurring in your new car is presumed to be nonconforming if:

• The manufacturer has attempted at least three times to repair the same defect without success
• Your new car is out of service for a total of 30 days or more or 60 days if it is an RV
• The manufacturer is given a written notice and a final attempt to repair/inspect the vehicle, but the defect continues to exist

What do I do if the manufacturer fails to fix the issues even after the written notice and the final attempt at repairs?

According to the Florida lemon law if your new car cannot be fixed or repaired you have two possible remedies.

Those remedies are:

• Refund of the purchase price of the lemon vehicle sold to you
• Replace the lemon vehicle with either an identical vehicle or a reasonable equivalent

What does a refund consist of?

• The refund may not be the full purchase price of the lemon vehicle, as there is an offset for the consumer’s use of the car
• The replacement vehicle option also includes a reasonable offset for use

There is a formula in the Florida lemon law to calculate the offset.

Do I have an alternative route to recover my loss, if the Florida lemon law fails me?

• The Florida lemon law is not the only remedy to help you recover your loss
• You have other possible avenues to pursue through federal law, the most notable Magnuson-Moss Warranty Act
• There may be damages you may get if you are a victim according top the Unfair or Deceptive Trade Practices Act

The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Florida Lemon Law Attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

The Florida lemon law requires the manufacturer to repurchase or replace the Florida lemon vehicle if the manufacturer or its authorized service agent has failed to conform the motor vehicle to its warranty by repairing or correcting any nonconformity after a reasonable number of attempts. Under the Florida’s lemon law, dealers are not liable for the repurchase of the Florida lemon vehicles. The Attorney General of the State of Florida requires the manufacturer to disclose the status of the Florida lemon law buy back if he sells it to a new purchaser.

A nonconformity is defined as a defect or condition that substantially impairs the use, value or safety of a motor vehicle and it does not include a defect or condition that results from an accident, abuse, neglect, modification, or alteration by persons other than the manufacturer or its authorized service agent.

The manufacturer who accepts the return of a motor vehicle by reason of a settlement, determination or decision pursuant to the Florida lemon law claim:

• Shall notify the Department of Legal Affairs and report the vehicle identification number (VIN) of the Florida lemon law buy back within 10 days after such acceptance
• Shall not knowingly lease, sell at wholesale or retail, or transfer a title to the Florida lemon law buy back within the state or outside it, unless the nature of the nonconformity is clearly and conspicuously disclosed to the prospective transferee, lessee, or buyer of the Florida lemon law buy back

If the manufacturer sells the Florida lemon law buy back at wholesale or retail, or transfers a title to a buyer:

• He should warrant to correct the nonconformity of the said Florida lemon law buy back for a term of one year or 12,000 miles, whichever occurs first
• The Department of Legal Affairs shall prescribe by rule the form, content and procedure pertaining to such a disclosure statement on the Florida lemon law buy back
• Florida Administrative Code Rule 2-33 adopts the disclosure form to be used by manufacturers to notify the Department of Legal Affairs of the acquisition and transfer of the Florida lemon law buy backs
• The form must remain with the Florida lemon law buy back until it is sold or leased to a consumer
• The buyer of the Florida lemon law buy back must sign the form and the seller must give a copy to the buyer and send a copy to the Department of Legal Affairs

Title branding of the Florida lemon law buy back:

Nonconforming vehicles that were repurchased by a manufacturer pursuant to a settlement, determination, or decision under the Florida lemon law:

• May not be knowingly offered for sale until the vehicle’s certificate of title, or its duplicate is conspicuously stamped with the words “Manufacturer’s Buy Back” to reflect that the vehicle is a nonconforming vehicle
• Should be followed by seller disclosures in writing to the purchaser, customer, or transferee, prior to sale, the fact that the vehicle is a nonconforming vehicle

Any person offering for sale or exchange a Florida lemon law buy back and knowingly or intentionally advertises, publishes, or disseminates, circulates, or places before the public in any communication’s medium, whether directly or indirectly shall clearly and precisely state in each offer that the vehicle is a nonconforming vehicle.

• In Florida, manufacturers are required to give consumers of the Florida lemon law buy backs a 12 month/12,000 mile warranty covering the same nonconformity that is reacquired under the Florida lemon law
• If the consumers of these Florida lemon law buy backs are not getting the required disclosure it is apparent that that they also are not receiving the required warranty coverage for these Florida lemon law buy backs

The Florida lemon law is not the only remedy for your Florida lemon law buy back

While the Florida lemon law is available for the Florida lemon law protection with your Florida lemon law buy back you also have other remedies. One of them is the federal law, the most notable Magnuson-Moss Warranty Act. You may have been a victim of unfair or deceptive trade practices. You may be entitled to damages separate and apart from those defined in the Florida lemon law.

The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Florida lemon law attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

When a new car is purchased all its systems must work as expected. Florida has special protections for new car buyers if the new car fails to live up to its promise. The problems may be huge or small but remember that they are typically covered by a manufacturer’s warranty. In Florida, if the manufacturer’s warranty fails to live up to the performance of the vehicle, there are consumer protections found in the Motor Vehicle Warranty Enforcement Act, commonly known as the Florida lemon law.

The Florida lemon law covers:

• New cars purchased for personal, household or family purposes
• New cars that are still within the first 24 months from the date of purchase
• Original owners and the subsequent ones within those 24 months if the vehicle was purchased for the same purpose

The Florida lemon law covers:

• New cars
• Demonstrator vehicles
• Vehicles leased for more than one year
• Only the mechanical portions of RV

The Florida lemon law does not cover:

• Off-Road Vehicles
• Motorcycles
• Mopeds
• Trucks weighing more than 10,000 pounds

The Florida lemon law covers:

• A defect or nonconformity that significantly impairs a vehicle’s use, value or safety

The Florida lemon law does not cover:

• A defect due to an accident, abuse, neglect, modification or alteration by someone other than the manufacturer or its authorized service agent

The Florida lemon law states that a new car consumer must send the manufacturer a written notice allowing one final attempt to repair the nonconformity:

• If a defect is recurring even after three failed attempts to fix the same nonconformity
• If the car is out of service for a total of 15 days or more
• If the vehicle is out of service for a total of 30 days or more (60 days if an RV)

If the vehicle cannot be repaired, the consumer has two possible remedies:

• A refund of the purchase price
• A replacement vehicle with either an identical vehicle or its reasonable equivalent

The Florida lemon law is not the only remedy for you

While the Florida lemon law is available for the Florida lemon law protection with your Florida lemon vehicle you also have other remedies. One of them is the federal law, the most notable Magnusson-Moss Warranty Act. You may have been a victim of unfair or deceptive trade practices. You may be entitled to damages separate and apart from those defined in the Florida lemon law.

The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Florida lemon law attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

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.