The Florida Used Car Lemon Law – A Consumer Protection Law

Purchasing a car is one of the most expensive propositions most of us make after a house. According to the National Institute for Consumer Education, the average price of a new car is about $18,000. Some people can afford this price and many of look else where for less expensive alternatives, a used vehicle. They cost us a lower base price, Insurance generally costs less, they depreciate less than new cars do and it is easier to negotiate. Even a used, as the years pass is becoming increasingly complex on par with the technology growth in the auto industry. Used or new, we are at a loss with so many systems and processes to comprehend in a car. While the models of the cars available in the market are increasing manifolds it 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 the number of miles on a Florida used car is 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

How An Automobile Manufacturer Can Sabotage Your California Lemon Law Claim Through Repair Orders

Under the California lemon law a manufacturer is required to repurchase or replace a vehicle if:

• It has a defect or condition that was reported to the manufacturer or dealer
• The defect or condition continues to exist even after a reasonable number of repairs
• It is still under the manufacturer’s warranty

A vehicle is presumed to be subject to a reasonable number of repair attempts if:

• The same nonconformity that is likely to cause death or serious bodily injury has been subject to repair two or more times
• The same nonconformity has been subject to repairs, four or more times
• The vehicle has been out of service for a cumulative 30 calendar days
• The repair attempts have been made within 18 months from delivery or 18,000 miles, whichever occurs first

Under the California lemon law, if a manufacturer fails to fix the same problem/s in a vehicle after a reasonable number of repair attempts, he must concede the choice of the consumer by either replacing the vehicle or by refunding it.

When Taking Your Car in for Warranty Service, keep an eye open for the Content of the Repair Order that goes into their computer. The Automobile manufacturer has a strategy to hoodwink you and the California lemon law presumptions by manipulating your complaint on a nonconformity.

Let us see how he does it:

The Automobile manufacturer can ruin the chances of your California lemon law claim by making changes in the language on the repair orders. If your vehicle has started showing transmission problems and you choose to bring it in immediately, say for hard shifting. The dealer’s service writer puts it down religiously on the repair order in his computer. This computer actually has a “flag system” that works whenever you bring your vehicle in for warranty service for the same problem. On your second visit for the same hard shifting issue, your vehicle gets “flagged” on this computer to alert the dealer's technician and service writer about the potential lemon law claim in the offing.

The service writer learns that he is dealing with a dangerous vehicle that may any time after this visit drag the Automobile manufacturer to the court for a California lemon law claim. As a result, either on the same visit of yours or on the next he would choose not to record your complaint for hard shifting. He might choose to write something different. The dealer’s service writer might choose a 'gas pedal sticking' or 'an engine over-rev' for the problem on your second visit, the one after that and the one after that.

Sick with this recalcitrant problem you may choose to file your California lemon law claim after five or six repair attempts for 'hard shifting'. When it is time to submit your service order copies which you have treasured for so long, you will discover that it has only one or two repair orders that mention 'hard shifting' and the rest are of some remote problems you never dreamt of. This whole episode can turn the tables in favor of your car manufacturer. The car manufacturer would argue that he never had enough repair attempts for the nonconformity, pulling a wet rag on your California lemon law claim.

How are you going to protect yourself against this kind of manipulation?

Ensure that YOUR description of the problem appears on the repair order by following the steps:

• Write out your complaints before you go to the dealership. Type your own description of the problems on a computer
• Copy and present it to the service writer
• Insist on their attaching your written complaints to the repair order

This should entirely remove the opportunity for the service writer to write his own version of the repair order. Keep copies of all the repair orders you placed in the hands of the service writer.

Disclaimer: This information is not intended as legal advice. Please direct your specific questions to K&M attorneys and know more about your lemon law rights. If you want to pursue your lemon law claim, call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation. Or submit your information online for your free case evaluation.