Articles

Know Your Rights: Getting out of the Lemon(ade) Business

by Steven M. Fahlgren, Esq., (904) 845-2255

Consumers oftentimes refer to vehicles with mechanical problems as "lemons." Like many states, Florida has a Lemon Law which is designed to protect consumers. The Lemon Law is codified in chapter 681 of the Florida Statutes and in the Florida Administrative Code. When you purchase or lease a new vehicle, the manufacturer's representative, i.e., the car dealership, is required to provide you with a Lemon Law rights booklet. This booklet notifies you of your rights and usually contains a simple form which can be used to file a notice of defect with the manufacturer. With few exceptions, the Lemon Law rights period is two years from the date the vehicle was first sold to a consumer.

Not every vehicle on the road is covered by Florida's Lemon Law. For example, the living facilities of recreational vehicles are not covered by Florida's Lemon Law. Vehicles previously owned by commercial enterprises are not covered. Vehicles that are covered include cars, trucks and motorcycles purchased or leased for personal, family, or household purposes. Your rights under the Lemon Law are in addition to the warranty given to you by the manufacturer or pursuant to an extended warranty.

In order to qualify for protection under the Lemon Law, consumers usually must experience mechanical problems with the vehicle such that the vehicle is out of service for at least thirty days or the vehicle must be repaired on at least three occasions for the same nonconformity. Furthermore, the nonconformity must substantially impair the use, value, or safety of the motor vehicle. You should keep accurate records reflecting the problems you have had with a new vehicle. It is not necessary that you understand a cause of the problems, but only necessary that you be able to explain the problem.

After filing your notice of defect form, you must provide the manufacturer with one last opportunity to inspect and repair the vehicle. If the manufacturer is unsuccessful in repairing the vehicle in its final attempt, you have the right to proceed with arbitration. If you are successful in an arbitration, you will receive a replacement vehicle or a pro rata refund depending on your choice. In some instances, you may even be able to recover an attorney's fee for hiring an attorney to assist you.

You have often heard the phrase that one should attempt to make lemonade out of a lemon. A better alternative is to give the lemon back to the manufacturer and let the manufacturer try to make lemonade out of it. Perhaps, the manufacturer can "sweeten" the lemon enough that it is appetizing for another buyer or lessee. Lemon Law vehicles may be "recycled" by the Manufacturer but only if there is proper written disclosure to the consumer. Of course, these are general guidelines. You should consult legal counsel to determine the specific laws which apply to your case.