With the number of cars that are produced and sold in the US market there is always the chance that some will have a defect of some sort that the dealer simply can’t fix no matter how many tries. If this happens with your new car you may have a lemon under the Florida Lemon Law although this is something that must not be presumed.
For you vehicle to qualify basically it must have been purchased or leased new or it can be an untitled dealer demonstrator; it cannot be used. If the problem that you are experiencing is the result of a collision, owner neglect or unauthorized modifications it will not qualify for protection under the law. What it boils down to is; the defect must be one covered by the warranty and even if the warranty is longer than 24 months, the problem must be reported to the dealer or the vehicle manufacturer within the first 24 months that you own it.
To qualify the problem must be serious enough to adversely affect the use, value or safety of the car; a loose rear view mirror will not qualify but brakes that fail most certainly will. It is imperative that you maintain good records; copies of the service orders and the time off the road are going to be needed if you are going to win a case under the Florida Lemon Law.
This is quite simplistic but there are basically two reasons why a car can be declared a lemon.
* If the dealer has been given three chances to rectify the problem and it can’t be fixed then it is your responsibility to notify the manufacturer; upon receipt of this notification the manufacturer can request one last attempt to fix the problem.
* If you vehicle has been out of service and not available to you for 15 days in total, not concurrently, then once again it is your job to notify the manufacturer. The manufacturer will be given a final opportunity to fix the problem.
Hopefully the issue can be solved between the manufacturer and yourself, if not then you will have to go into arbitration. There is no fee for this and you are welcome to be accompanied by a lemon law lawyer.
If you win in arbitration you will be given the choice of a new vehicle which is reasonably equivalent to the lemon or a refund. Unfortunately if the arbitration board rules against you there is no further recourse.
If you live in Florida and you think you have a bought a new car which is a lemon you may get recourse under the Florida Lemon Law. For further information please visit the web site of Lemon Law America.
