Lemon Law

Many consumers have heard of the lemon law but aren’t familiar with how it works. Old cars that have faulty electrical work, broken air conditioners, an annoying rattle or rust do not qualify as “lemons.” However, if the brakes, the gears, the starter or the acceleration appear faulty and the manufacturer can’t repair the defect, then it might be a lemon car. According to some state laws, as much as 10 different defects may not necessarily make a car a lemon. Yet in other states, one serious defect can entitle the consumer to compensation.

The federal law defines a lemon as any new vehicle that has a serious defect that isn’t fixed within “a reasonable number” of attempts or after “a certain number of days” out of service. Under the Magnuson-Moss Warranty Act, the buyer is protected for any product costing more than $25 that comes with a written warranty. The Uniform Commercial Code allows for consumers to get a refund or replacement for “lemon” products. As one can see, these federal laws are vague at best. It’s the state-specific laws that really specify what restitution is given for the defect and what constitutes as a lemon purchase.

Florida’s lemon law applies to new or demonstrator vehicles that are bought or leased. The Florida lemon law does not cover semi trucks, off-road vehicles, resale vehicles or motorcycles, or even a moped. Consumers must report the defect to the dealer during the first 24 months after the date of delivery. At that point, the dealer has the opportunity to attempt to fix the problem. The vehicle may then return to the manufacturer for up to three more times or be off the road for 15 days before a “defect notification form” may be filed. They may also be eligible for a refund or trade-in.

It’s a common misconception that “no one ever wins lemon law cases.” In fact, the Texas Department of Transportation just released a report saying that consumers received $7.6 million in relief through the Texas Lemon Law in 2008. More than half of the people who filed lemon car complaints said they were satisfied with some kind of relief for their defective purchases. Half were fixed by manufacturers or satisfied with extended service contracts, while the other half had their vehicles repurchased or replaced. It’s a good idea to check out the local laws and seek attorney advice in these circumstances.

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Filed under: Foreclosure Properties

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