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Article:
Know Your Rights: Getting out of the Lemon(ade)
Business
Jacksonville Attorney - Lawyer,
providing experienced Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law legal
representation in Jacksonville, Hilliard, Duval County,
Nassau County and the surrounding Northeast Florida areas.
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.
Disclaimer: The above Article
is intended to give you, the consumer, insight into various legal topics. This
information is not intended as legal advice, but rather helpful topical
information.
 If
you require professional legal services regarding
Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law issues, be proactive in
protecting your legal
rights by seeking the legal advice of
an experienced
Jacksonville criminal defense attorney
& lawyer. Contact
The Law Offices of
Steven M. Fahlgren, P.A.,
by calling
904.845.2255.
Jacksonville Attorney - Lawyer,
providing experienced Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law legal
representation in Jacksonville, Hilliard, Duval County,
Nassau County and the surrounding Northeast Florida areas.
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