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Florida Lemon Law FAQs

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What documents do I need to provide to prove that my vehicle is a lemon in the State of Florida?

Technically speaking, you don’t need any documents, because your attorneys can assist you to obtain ...

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Technically speaking, you don’t need any documents, because your attorneys can assist you to obtain these documents if your dealer will not cooperate in providing you with copies. However, to better assist the attorneys at Krohn & Moss, Ltd. Consumer Law Center® to determine if you qualify for relief, they would like to see your repair records from the dealer and a copy of your purchase documents so they can calculate how much you would be entitled to recover under the law. They will review your case at no charge and provide you with a free consultation to advise you as to what laws you qualify for. So if you have a car or other consumer product that is a lemon, contact Krohn & Moss, Ltd. Consumer Law Center® toll free at 866-543-5924 or by completing a free case review

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What if it has been more than 2 years and sixty (60) days since I bought or leased my vehicle, do I have any other recourse?

Yes. The federal Magnuson-Moss Warranty Act provides consumers in the State of Florida with five (5)...

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Yes. The federal Magnuson-Moss Warranty Act provides consumers in the State of Florida with five (5) years from the date the manufacturer breached its warranty, i.e. broke its promise to repair, to bring a claim for relief.

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How much time do I have to pursue a Lemon Law case in the State of Florida and how do I start a claim?

The “term of protection” for the Florida Lemon Law is two (2) years from the date of the purchase or...

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The “term of protection” for the Florida Lemon Law is two (2) years from the date of the purchase or lease of a new motor vehicle. It is this time period that determines whether or not you have provided the manufacturer with a reasonable opportunity to repair your vehicle. Thereafter, Florida law provides you with an additional sixty (60) days to make a demand for arbitration with either the manufacturer’s informal dispute resolution mechanism or through the Florida Attorney General’s office. More specifically, the Florida Attorney General’s Office has a list of every car manufacturer who has adopted an informal dispute resolution program that has been certified by the State of Florida. If your manufacturer has a certified program, you must first go through the certified program to try and resolve your case. This process should take no more than 40 days pursuant to federal and state law and it can be done in writing in most instances. Further, this “informal” program is only binding on the manufacturer. Therefore, if you are unsatisfied with the results of this program or the manufacturer has no certified program in place, you may then apply for arbitration with the Florida Attorney General. This type of arbitration program would require you to submit your case to a panel of three (3) impartial arbitrators who will listen to your dispute and determine if you are entitled to relief. While either party may appeal the decision of the Florida Attorney General’s Office, typically automobile manufacturers do not appeal if they lose at the arbitration level. If an appeal is filed, it is then filed in a county court, usually where you reside, and must be done so within thirty (30) days after the decision has been served on you.

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How do I calculate a refund under the Florida Lemon Law?

Calculating a refund under the Florida Lemon Law is very straightforward. You are entitled to what y...

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Calculating a refund under the Florida Lemon Law is very straightforward. You are entitled to what you put into your vehicle, including sales tax, finance interest, and other collateral charges added by the dealer less an offset for your use of the vehicle. The offset for your use is calculated by taking the vehicle’s purchase price and dividing that number by 120,000. This figure will tell you the per mile charge you will be assessed. The per mile charge is then multiplied by the number of miles driven up to the point that your case goes through arbitration, which is a pre-requisite before filing a legal complaint in a court of law. Should you not prevail at arbitration and your case goes into court, the mileage offset does not change. In other words, you will not be penalized for additional miles driven after arbitration.

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Why should I hire a Lemon Law Attorney in the State of Florida?

Simply put – to level the playing field! Car manufacturers represent some of the world’s biggest cor...

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Simply put – to level the playing field! Car manufacturers represent some of the world’s biggest corporations. They have unlimited resources, which makes going it alone very difficult. Therefore, rather than trying to go toe to toe with such a big corporation, you may retain the experienced attorneys at Krohn & Moss, Ltd. Consumer Law Center® who will fight for your rights and who will only be paid if you get a recovery! If you hire Krohn & Moss, Ltd. Consumer Law Center® and do not win your case, we will not send you a bill for our time. We only get paid if you do!

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How does the Florida Lemon Law work? Does it apply to both New and Used Motor Vehicles?

The Florida Motor Vehicle Warranty Enforcement Act, better known as the Florida Lemon Law, provides ...

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The Florida Motor Vehicle Warranty Enforcement Act, better known as the Florida Lemon Law, provides expansive protection to the purchasers and lessees of defective motor vehicles. The Florida Lemon Law gives the purchasers and lessees of these defective vehicles the right to seek a refund or replacement for their vehicle if it suffers from a defect or non-conformity that substantially impairs the vehicle’s use, value, or safety and the defect or non-conformity cannot be repaired within a reasonable number of attempts. While the Florida Lemon Law only applies to the sale or lease of new motor vehicles, the federal Magnuson-Moss Warranty Act picks up where the Lemon Law leaves off and provides additional protection to the purchasers and lessees of all consumer products, including used ones. So, whether your new or used car, truck, SUV, motorcycle, refrigerator, microwave oven, or other consumer product proves to be defective, federal and state lemon laws can be used to help provide you with relief.

Florida Lemon Law

Also known as the Motor Vehicle Warranty Enforcement Act, Florida’s Lemon Law was enacted to alleviate the tremendous hardship consumers face when their car, truck, or SUV is not repaired properly. Under the law, manufacturers must either repurchase or replace a vehicle that has not been repaired after the consumer has provided the manufacturer, through its dealers, with a reasonable opportunity to do so.

Florida Lemon Law Relief

Typically, there are two situations that require prompt and corrective action from the manufacturer. If the consumer has either provided the manufacturer with 3 or more times to repair a recurring problem or the vehicle has been out of service for 15 or more days, the consumer may seek relief under the Lemon Law. After either occurrence, the consumer must provide written notification to the manufacturer that gives them a final opportunity to make legitimate repairs.

Arbitration Administered by the Florida Attorney General

Once the manufacturer receives the written notice, the manufacturer must promptly schedule the final repair. If the final repair does not correct the problem, then the consumer may seek relief under the law. To initiate this legal relief, the consumer must first resort to informal dispute resolution assuming the manufacturer has a state certified arbitration program in place to resolve such a claim. If no such program is in place, or informal dispute resolution is not successful, the consumer must then apply for arbitration through an Arbitration Board administered by the Florida Attorney General with locations throughout the State of Florida. Notably, claims for arbitration must be filed 2 years and 60 days after the vehicle was purchased or leased. Therefore, it is important that you act quickly to preserve your rights.

Filing A Claim To Florida Attorney General

After filing a claim, an arbitration hearing is scheduled. A decision is rendered within 60 calendar days from the date your arbitration request was approved. If the decision is in your favor, the Board gives the manufacturer 40 days to either replace the vehicle or refund the purchase price at your option less a reasonable offset for your use of the vehicle. The choice is yours.

In addition to recovering the purchase price of the vehicle, you may also receive collateral and incidental expenses. These include finance interest charges, registration fees and sales tax. If you would prefer a replacement, the manufacturer is responsible for providing a replacement vehicle that is up to 105 percent of the initial vehicle’s suggested retail price.

Qualify For The Lemon Law

Ready to receive a ruling in your favor? If you believe that the problems you are having with your vehicle qualify for relief under the Florida Lemon Law or under the Federal Magnuson-Moss Warranty Act, which provides consumers with a minimum of 5 years to seek relief for their claims, call Krohn & Moss Ltd. Consumer Law Center® at 800-USLEMON (800-875-3666) for a free consultation. Rather than going it alone and trying to get relief from a manufacturer who has unlimited resources, the best way to make sure the playing field is leveled is with an experienced lemon law attorney. Speak with someone from Krohn & Moss, Ltd. Consumer Law Center® to see if your claim qualifies for relief under the Florida Lemon Law or the Federal Magnuson-Moss Warranty Act.

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