Florida Used Car Lemon Law
The Florida "Lemon Law" program is an effective means of recourse for consumers who bought themselves a lemon.
A lemon car, the technical definition of it, constitutes to a vehicle with a significant problem that impairs its use, market value or safety, that cannot be fixed within reasonable attempts or remains out of service for a particular number of days.
In most states, if you purchased a car, new or used, with defect that substantially impairs its use, value or safety of the vehicle, and if repeated repair attempts failed, you can seek for a refund or replacement under the Lemon Law. However, the state of Florida Lemon Law limits itself to NEW cars only.
Does that mean that you are stuck with your lemon? You most certainly are not. In almost all the states, as in the state of Florida, each new car requires to be covered by a manufacturer written warranty statement specifying what are covered under it and the duration of the warranty. And if you brought a car which is still within the warranty period, you are covered under the warranty of the manufacturer. During the warranty period it obligates the manufacturer to repair any defect or problem that you may have with your car free of any charges. If, however, the manufacturer fails to fix the problem, you have right to relive yourself of such a vehicle as long as the defect is not due to any kind of accidents, neglect, modifications or alterations from an unauthorized service center. There are two different set of laws that connotes to such a defective vehicles. 1. The Magnuson-Moss Warranty Act Enacted in 1975, the purpose of the Act is to make product warranties understandable and enforceable. And of course to provide the Federal Trade Commission a way to protect the buyer of any product costing above $25. The act prevents manufacturers from drawing up unfair warranties as well as makes it financially feasible to bring warranty suits. 2. The Uniform Commercial Code The UCC was formed to harmonize the law of sales and other commercial transactions all over the United States of America. Although not a law by itself, it has the force of a law in a state if enacted by the states legislature. Although the code does not define the lemon, it does give the customer the right to a replacement of the purchase or a refund. In order to successfully pursue your case under the laws you require to 1. Document your case by sending a letter to the manufacturer, at the address on the vehicle owner's manual, stating the problem of your vehicle through certified mail, with return receipt requested.
2. Avail manufacturer's arbitration program, in case he has one. In the absence of such an arbitration program, or if you are not satisfied with its outcome, you can serve your rights to the court. You are under no circumstances obligated to accept any outcome of the program or other settlement offers.
3. Have all documents that may help you prove your case.
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