The Motor Vehicle Warranty Enforcement Act
In the state of Florida, unfair and deceptive trade practices are prohibited, and with the aid of a good attorney, will not be tolerated.
Any unfair and unethical trade practices seeking to deceive or take advantage of consumers is protected by The Florida Deceptive and Unfair Trade Practices Act (FDUTPA). This includes false advertising, a misleading sales pitch, failing to disclose important information about a product or services, and any other dishonest conduct aiming to cause injury to consumers.
Is your new vehicle constantly breaking down? Do you feel you have been cheated? Have you serviced your vehicle over and over for the same issue? If this sounds familiar to you, it may be time to act. Do not settle for a “lemon.” You have rights.
HOW THE FLORIDA LEMON LAW WORKS
A “lemon car” is a vehicle with significant defects that impairs its use, safety, or value, which the manufacturer is unable to repair.
To qualify, the vehicle must have a warranty-covered defect, be used for personal use, and have been subjected to a reasonable number of repair attempts by the manufacturer or dealer.
“Lemon Law Rights Period”
The first 24 months after a consumer obtains a motor vehicle.
If the manufacturer is unable to meet specific promises outlined in the warranty agreement after a “reasonable number of attempts” to repair the defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement.
Documentation is Vital
Thorough documentation for all repairs and communications with the manufacturer or dealer are necessary evidence to prove your car is a lemon. The more detailed records you have, the better chance for a successful lawsuit.
What the Law Covers
The law COVERS major mechanical and safety-related issues.
The law DOES NOT COVER minor issues resulting from unauthorized modifications, abuse, neglect or accidents.
Steps to Determine if Your Vehicle is a Lemon
Timeframe: The issue must have occurred within the first 24 months of purchase or lease.
Vehicle Type: The law applies to new and demonstrator vehicles, and defects covered by a written factory warranty.
Cause (Identify the Defect): The defect must substantially impair the vehicles’ use, value, or safety.
Document All Repair Attempts: Gather all purchase documents, warranty information, and detailed repair invoices and reports from the dealership or authorized service agent. Keep a record of every time you’ve taken the vehicle in for the same problem, noting the dates of service and specific issues reported or repaired.
Notify the Manufacturer in Writing: Once the vehicle has been in for the same problem three times or has been out of service for a cumulative total of 15 days, send a formal written notification to the manufacturer (not the dealer). Use certified, registered, or express mail to prove the date the notification was sent. This gives the manufacturer a final chance to repair the vehicle and resolve the defect.
Escalate the Claim: If the manufacturer fails to fix the issue after your notification, work with an attorney to guide you through the process and help negotiate a refund or replacement vehicle.
Contact us today to see how we can get you on track to achieve satisfaction. Don’t become overwhelmed, take action.