To win a claim one must file the claim for arbitration under the Florida Motor Vehicle Warranty Enforcement Act better known as the “lemon law”.
If the vehicle broke down immediately after you took it home or drive off the lot, you can file in small claims court and argue that you have been defrauded. Implicate that you or anyone could expect to buy transportation not a pile of junk. When the dealer produces the “as is” contract that you have signed, argue that there is no defense for fraud.
Did the Dealer Make False Promises?
If the dealer made any promises either in writing or verbally about the car being in good condition, he/she may be requested to live up to it. An “as is” statement does not disclaim an express warranty if one is made.
How Does a Car Qualify for Lemon Law?
In order to qualify a car must have:
- A substantial defect covered by the warranty that occurred within a certain time period or a number of miles after one bought the car.
- Not having been fixed after numerous but a reasonable number of repair attempts.
- The vehicle defect or condition must “substantially impair the use, value, or safety” of the vehicle and the vehicle must be unable to be driven because it was unable to be repaired of the defect for 15 days or more.
If the preceding conditions apply, send by registered or return receipt requested mail a Motor Vehicle Defect Notification (MVDN) to the vehicle’s manufacturer. The manufacturer has one last chance to repair and inspect the vehicle. You may seek arbitration under Florida’s lemon law after ten days of no action.
Records as Proof
First of all, be sure to keep & collect detailed records of your vehicle’s service history and any correspondence you may have had with your vehicle’s manufacturer and authorized dealers.
A few states have lemon laws that cover used cars as well. You can check the definition of a new car in your State for lemon law. To find your State lemon law, go to www.autoedia.com or www.lemonlawamerica.com.
Florida Lemon Law
If you purchased or leased a defective auto, you have legal recourse. The law provides arbitration for car owners with valid consumer complaints. It can result in a full refund or a replacement vehicle. Unfortunately, you are on your own with the purchase of a used vehicle in Florida.
Lemon Laws may seem clear but major corporations can make it very complicated. Certainly, a lemon law attorney or consumer law attorney will be sure to determine if your car qualifies before pursuing legal action. Therefore, it will take legal attention to the qualification of your vehicle to bring you monetary recoupment the car that is a true lemon.
Three Critical Items from Hiring an Attorney
- Knowledge of the law;
- Trusted Advice;
- And Negotiating Power.
As a result, an attorney can assist you with your case in arbitration with leverage against manufacturers or dealerships with attorneys that are there on their side.
Call Massey and Duffy
Call these experience consumer law attorneys. You can get assistance with your case and give you the confidence to be victorious in fighting for your consumer rights. You may be able to recover legal fees from the other party at fault. Therefore, to win a lemon law case you may want to call Massey and Duffy for your free consultation today.