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 manufacturers 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
* 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
* 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 consumers 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