Orlando Lemon Law Attorneys

My Practice is Dedicated to You and Your Most Valuable Assets

Few things are more frustrating than spendingyour hard earned money on a “lemon.”The only thing more frustratingthan buying a lemon, is trying to convince the manufacturer to buy itback.

Since the beginning of my practice, over 20 yearsago, I have made it a priority to assist people who are having problemsgetting the manufacturer of their car or truck to take back that lemon. After your home, your car or truck is probably your most valuableasset.A large part of each paycheck goes to pay for that car or truck. And, you depend on your car or truck to earn that paycheck.When youdecided to purchase your vehicle, one of the primary motivating factorswas whether that vehicle was reliable.If it isn’t you may not be ableto eat or pay your mortgage or rent.

Florida’s Lemon Law

Florida Statutes Chapter 681 establishesFlorida’s “Motor Vehicle Warranty Enforcement Act,” otherwise known asFlorida’s “Lemon Law.”The purpose of Florida’s Lemon Law is simple. If your vehicle manufacturer can’t fix the problem, then themanufacturer must either refund the purchase price or provide a suitablereplacement vehicle.

The Lemon Law applies to new and leased vehicles. It applies to you if you purchased or leased the vehicle, and if youpurchased it from another person during the “Lemon Law Rights period.” Your “Lemon Law Rights period” ends two years after the date of originaldelivery of the motor vehicle.A problem is covered if it is “firstreported” to the manufacturer during the two year Lemon Law Rightsperiod.However, in order to have a claim, certain very stringent timelimits must be met. These are critical time restraints and if you miss them you will not be able to pursue your Lemon Law case.

Because these time restraints are so stringent, I have set them out step-by-step below:

  • You must first report the problem to the manufacturer or their authorized service agent on or before 2 years from date of original delivery.
  • You must allow the manufacturer or theirauthorized service agent at least 3 repair attempts of the same problem;or your vehicle must be out of service for at least 15 cumulativecalendar days for various problems.
  • Then you must mail the vehicle manufacturer – by registered or express mail, return receipt requested – the Motor Vehicle Defect Notification form.You can find one ofthese forms in your Lemon Law Handbook provided at the time of lease orpurchase.You can also download a Motor Vehicle Defect Notification form here.
  • After sending in the Motor Vehicle DefectNotification, you must give the manufacturer a final attempt torepair/inspect vehicle.They might ignore you, but you have to givethem a chance.
  • If you are still dissatisfied with thecondition of your vehicle you must ask to participate ina “DisputeResolution Program” as follows:
    • If Manufacturer offers a State Certified Arbitration Procedure –
      • You must request to participate in theManufacturers Certified Procedure.You must make this request beforethe expiration of 2 years and 60 days after original delivery ofvehicle.
      • If you are unhappy with the results ofthe Manufacturers Certified Procedure, you must request Arbitrationwith the Florida Department of Agriculture, Division of Consumer Affairswithin 30 days of the decision from the Manufacturers CertifiedProcedure.You can download a Request for Arbitration form by clicking here.
    • If the Manufacturer does not offer a StateCertified Arbitration Procedure – You must request Arbitration from theFlorida Department of Agriculture, Division of Consumer Affairs beforeexpiration of 2 years and 60 days after original delivery of vehicle.You can download a Request for Arbitration form by clicking here.
  • If your request for Arbitration with theFlorida Department of Agriculture, Division of Consumer Affairs isrejected, or if you are unhappy with the results of the Arbitration,then you must file a lawsuit in Circuit Court within 30 days of thedecision from the Division of Consumer Affairs.
  • If you won the Manufacturers CertifiedProcedure or the Arbitration, but you do not believe the manufacturerhas complied with the findings, then you must file a lawsuit within oneyear of the ruling from the Manufacturers Certified Procedure orArbitration.

Is my vehicle eligible for Florida’s Lemon Law?

As a quick reference, if you answer “yes,” the following five questions, your vehicle may be eligible for Florida’s Lemon Law:

  • Did you purchase or lease your vehicle new or asa demonstration vehicle in the State of Florida?(Florida’s Lemon Lawonly applies to vehicles purchased for “personal use,” not commercialuse.)
  • Does your vehicle have a problem that substantially impairs the use, value or safety of the vehicle?
  • Have you taken your vehicle to the dealership or authorized serviceagent at least three times for the same substantial problem?Or, hasyour vehicle been out of service for at least 15 cumulative calendardays due to one or more substantial defects or conditions?
  • Have you mailed by registered or express mail, return receipt requested, to the manufacturer of your vehicle the Motor Vehicle DefectNotification form located in your Lemon Law Handbook provided at thetime of lease or purchase?You can download a Motor Vehicle Defect Notification form here.This form should not be mailed in until you have given thedealer or authorized service agent at least three attempts to resolvethe problem; or until the vehicle has been out of service at least 15cumulative days (See Step 3 above).
  • Have you allowed the manufacturer to make a final repair attempt orinspection after the manufacturer receives the Motor Vehicle DefectNotification form?

It is critically important that you keep all work orders and alldocuments you receive from the people doing the repairs.If you don’thave copies, go back to the dealer and ask for them.This evidence willbecome very important later, and I don’t want it to “disappear” once Iget involved.

How I Get Paid

It’s simple.If you hire me to help present the arbitration I charge a small flat fee.(Youwant to make sure that you win the arbitration because the results ofthe arbitration are admissible as evidence in any later lawsuits!) If I file a lawsuit and win, the manufacturer typically has to pay my fees and costs.

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