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What are my rights under the Florida Lemon Law? – II

On Behalf of | Nov 30, 2016 | Consumer Protection Law, Firm News |

In our last post, we began discussing how those consumers here in the Sunshine State whose newly purchased vehicles are causing them no shortage of headaches are not without options.

Specifically, we discussed how the Florida Lemon Law provides these consumers with 24 months of protection against “nonconformities,” and that if a vehicle can’t be restored to its normal operating condition after a reasonable number of attempts, it must be bought back, and a replacement vehicle or purchase price refund provided.

We’ll continue this discussion in today’s post, exploring more details of the Florida Lemon Law of which consumers should be aware.

What does the Florida Lemon Law have to say about leased vehicles?

The Florida Lemon Law applies if the lease signed by the consumer runs for at least one year and makes them responsible for bringing the new vehicle in for any necessary repairs. It also applies to lease-purchased vehicles.

What about transferred vehicles?

In the event the new vehicle is transferred from one consumer to another during the 24-month timeframe following the initial delivery to the original consumer, and both consumers continue to use the vehicle for personal, household or family purposes, the transferee (i.e., the person to whom the conveyance is made) is covered by the Florida Lemon Law.

What types of vehicles aren’t covered by the Florida Lemon Law?

The types of vehicles not covered by the Florida Lemon Law include mopeds, motorcycles, trucks with a GVWR of 10,000-plus pounds, off-road vehicles, living facilities of recreation vehicles, and vehicles purchased solely for resale.

What happens if the manufacturer fails to provide a replacement vehicle or refund?

In the event the manufacturer fails to provide a replacement vehicle or refund, consumers may seek to enforce their rights via two possible arbitration programs.

If the warranty or other material supplied to the buyer at the time of purchase or lease outlined how Lemon Law claims must be resolved via a manufacturer sponsored arbitration program, this is the forum that must be utilized. However, this manufacturer sponsored arbitration program must have been certified by the State of Florida, meaning it meets certain federal and state requirements, at the time of purchase or lease.

If a manufacturer sponsored arbitration program has not been established, the sponsored arbitration program has failed to render a decision in 40 days or the consumer believes the decision rendered was unjust, the dispute can be brought before the Florida New Motor Vehicle Arbitration Board.

If you have questions regarding the Lemon Law or another consumer protection issue, please consider speaking with a skilled legal professional who can provide answers and pursue solutions.