Consumers who purchase defective cars have the legal right to demand compensation from the manufacturer under the Lemon law. The process can be lengthy and complex, with detailed statutory prerequisites that should be followed closely.
Generally, before taking legal action, consumers must try to resolve their case through the manufacturer’s informal dispute resolution program or an arbitration board. However, seeking legal representation can dramatically improve your chances of success.
Experience
Imagine you finally saved up the money to purchase a new vehicle, which isn’t a used or ex-lease car. After you take it home and put a few miles on it, it suddenly won’t start. You call your mechanic, who spends the day trying everything possible to fix it. Eventually, you find out that the problem still needs to be fixed, and the manufacturer still needs to give you a refund or replacement vehicle, which are protections under Florida lemon laws or the Magnuson-Moss Warranty Act.
An attorney with extensive experience will help you take a stand against auto manufacturers, which often have their legal teams. Your lawyer will also know what the state and federal laws require for you to have a strong case.
For instance, Florida defines a “new motor vehicle” as a vehicle purchased or leased from a dealer for personal, family, or household purposes with one or more substantial defects that substantially impair its use, value, or safety. According to the statute, consumers can qualify for the protection of the state’s lemon laws if they have taken their vehicle to the manufacturer or its authorized service agent for repair of the same problem three times or if it has been out of service for 30 consecutive or cumulative calendar days for repairs.
Reputation
A Florida lemon law attorney with a good reputation in the industry will be essential in helping you win your case. They will have the resources to get all of the necessary evidence from your car dealer and will be able to negotiate with the manufacturer effectively. This will help you get a fair settlement and minimize your out-of-pocket expenses.
Nothing is worse than buying a new vehicle that turns out to be defective. You can spend a lot of money on repairs and get nowhere with your problem-ridden car. Luckily, there are laws in place to protect consumers from these types of situations. These laws are known as lemon laws and exist at the state and federal levels.
Lemon laws typically cover vehicles that cannot be fixed after a certain number of repair attempts or within a specific period. The laws also provide compensation such as a refund, replacement, or cash compensation for the vehicle’s diminished value. Attorneys fees are also available for qualified consumers.
Suppose you have a new vehicle that is constantly in the shop or has a significant defect. In that case, you may qualify for protection under the Florida Lemon law or the Magnuson-Moss Warranty Act.
Flexibility
A lemon law attorney should be flexible enough to understand a wide range of state and federal warranty laws and state-specific requirements to protect consumers. The laws differ by jurisdiction, but generally, a vehicle qualifies as a lemon if the manufacturer or dealer has made three repair attempts (or the vehicle is out of service for 15 days) and the defect substantially impairs the use, value, or safety of the car or truck.
Due to the nonconformity, the laws also require manufacturers to repurchase vehicles and pay collateral charges – including sales taxes, title charges, manufacturer-installed or agent-installed items, earned finance charges, and towing fees. In addition, the law allows consumers to recover their attorney’s fees when filing a lemon lawsuit against an automaker.
Dealing with the manufacturer’s customer service department can be frustrating and stressful when a new car or truck is defective. Many consumers assume the problem will never be fixed and cannot do anything about it. Still, state lemon laws were introduced to level the playing field between vehicle owners and big automakers. Consumers who demonstrate that their car or truck is a lemon can get out of a bad deal, and the funds they receive due to their claim may be used to purchase a better vehicle.
Communication
Lemon law lawyers must be able to communicate with their clients effectively. This means the attorney must be able to explain complex legal matters in a way that makes sense to ordinary people, and it also requires the ability to listen closely to their client’s concerns. Choosing an attorney with good communication skills may make the difference between winning or losing a lemon law case.
An excellent lawyer is vital when dealing with a car manufacturer who isn’t listening to you or refusing to handle a problem with a new vehicle. A lemon law lawyer can file a lawsuit to compel the manufacturer to comply with the laws in your state or the federal Magnuson-Moss Warranty Act.
Most manufacturers have a state-certified dispute resolution program.
