Most people do not know that there are some protections through Florida Lemon Law used vehicle provisions. However, the used car must meet the lemon law rights period corresponding to new vehicles.
Easy Lemon has the experience needed to file lemon claims on used vehicles in Florida. By understanding the used car lemon law requirements, we have navigated claims with thousands of other clients. Contact us today for a free case evaluation.
In this guide, we cover all of the Florida Lemon Law used vehicle requirements. We also discuss if the Florida Lemon Law covers all used cars and give you tips if you plan to file a claim.
What Is the Florida Lemon Law for Used Vehicles?
The Florida Lemon Law was specifically designed for new cars. In fact, the majority of claims are for new vehicles. However, the basic criteria of the Florida law ensure that certain used vehicles are also covered.
A qualifying defect is any that substantially impairs the vehicle’s use, safety, or value. Additionally, the car must be covered under the original manufacturer’s warranty. The Lemon Law applies during the first 24 months or 24,000 miles, whichever comes first.
On top of that, the driver must allow a reasonably accessible repair facility the chance to fix the problem. Depending on the severity of the defect, multiple repair attempts may be required.
How Does the Florida Lemon Law for Used Vehicles Work?
When filing a lemon law case in Florida, it is helpful to work with an experienced attorney. Most lawyers follow these steps to start the claim.
- Gather documentation and check eligibility. An attorney checks the documentation and ensures the car qualifies for lemon law protection.
- Allow for further repair attempts, if required. In some cases, more repair attempts need to be allowed. The driver is instructed to take the vehicle to an authorized service agent for further attempts.
- Contact the manufacturer. The manufacturer has the right to receive notification by mail before a claim is started.
- Request arbitration. A request for arbitration is filed through the Florida Office of the Attorney General. Consumers must file for arbitration within 60 days after the 24-month Lemon Law rights period ends. Recent reports show that hundreds of cases are resolved through arbitration each year.
- File a lawsuit. If arbitration and negotiations fail, the claim will need to go to court.
While it is possible to file the claim on your own, it is better to have an experienced law professional on your side. Choose an expert who can help ensure Florida Lemon Law used vehicle protection.
What Are the Key Requirements for a Lemon Law Case?
The Florida Lemon Law used vehicle eligibility depends on several factors. Here are a few of the most important considerations to keep in mind.
- The used vehicle must be covered by the factory warranty.
- Any defect must substantially impair the value, use, or safety of the vehicle AND it must be covered by the warranty.
- The defect must first be noticed within 24 months or 24,000 miles, whichever comes first.
Additionally, the vehicle must only be used for typical household purposes. Cars, trucks, SUVs, recreational vehicles, motorcycles, and more can be covered, as long as it isn’t owned commercially.
The consumer must carefully document the defects and make note of all timeframes. It is also imperative that the dealer be given a reasonable number of repair attempts before filing a claim.
What Are Common Challenges and Solutions?
A Lemon Law attorney for used cars faces many challenges, but also has the solutions to navigate claims with ease. Here are some of the most common when trying to get compensation for a pre owned vehicle.
Dispute Resolution – Dealers and manufacturers may disagree that the vehicle qualifies as a lemon. Florida encourages going through the Motor Vehicle Arbitration Board to minimize disputes.
Understanding Laws – With ever-changing laws, it can be difficult to keep up. By hiring a Lemon Law attorney, you do not have to keep up with local laws and regulations.
Documentation Challenges – Drivers often miss repair records, receipts, or communications that are needed to back up the claim. Attorneys help track all the repair attempts and ensure there is plenty of evidence.
By anticipating these challenges and taking proactive steps, Florida used car owners can increase the chances of a successful Lemon Law claim. With the average cost of a Florida attorney landing around $350 per hour, according to some industry reports, consumers may be hesitant to hire a lawyer. However, most Florida Lemon Law attorney fees are charged on a contingency basis, meaning nothing needs to be paid for unless the settlement is won.
What Are the Benefits of Filing a Lemon Law Claim?
Whether you are filing for the Florida Jeep Lemon Law or another manufacturer, there are many benefits to getting your claim in. Here are a few to consider.
Financial compensation – As the vehicle owner, you want to get your money back for the defective car. You may be entitled to a refund of the full purchase price, minus a reasonable offset. A refund means a complete reimbursement to the vehicle owner of the full purchase price, trade-in allowance, finance charges, sales tax, and incidental costs like towing or rental fees.
Vehicle replacement – A replacement vehicle may be offered instead of a refund. With this option, you would need to turn the vehicle in and exchange it for another comparable model.
Legal rights protection – Florida’s motor vehicle laws protect consumers when buying from a licensed Florida dealer. A lawyer helps you protect your legal rights through state and federal law.
Reimbursement of other fees – You may also be entitled to get other fees reimbursed. Depending on the situation, you may be able to recover the sales tax, registration fees, finance charges, title charges, and other legal costs if the manufacturer fails to repair one or more nonconformities.
We strongly recommend consulting a qualified lawyer before agreeing to any settlement. Continuing to drive a lemon vehicle can result in more repair costs and a higher rate through the insurance company.
Ready to File a Florida Lemon Law Claim for Your Used Vehicle?
Understanding Florida’s Lemon Law for used vehicles can be a game-changer for buyers facing persistent car issues. By knowing your rights and the steps to take, you can confidently address any concerns. Let Easy Lemon guide you through the process and ensure you get the resolution you deserve.
The professional team at Easy Lemon is ready to answer your questions. You can find us on Google and check out the reviews from previous clients. Contact us today to get your free consultation.
FAQs
If you own a car with repeated problems, you may have questions about your rights under the Florida Lemon Law used vehicle compensation rules. This FAQ explains how affected owners can seek refunds, replacements, or other remedies. Keeping detailed records of all repair services is key to supporting your claim and making the process smoother.
What Are the Requirements for a Florida Lemon Law Used Vehicle Claim?
To file a Florida Lemon Law used vehicle claim, the car must have a substantial defect that affects safety, value, or use. Problems with electrical systems or other major components must occur while the vehicle is still under warranty, and the dealer or manufacturer must have had a reasonable number of repair attempts. Keeping detailed repair records is essential.
How Long Do I Have to Report a Florida Lemon Law Claim for Used or New Cars?
You must report a Florida Lemon Law claim after the final repair attempt for the same defect. The law requires written notification to the dealer or manufacturer, so always send a written notice documenting the problem and repair history. Acting promptly helps protect your rights for both used and new cars.
Does the Magnuson Moss Warranty Act Work With Florida Lemon Law?
Yes, the Magnuson Moss Warranty Act can work alongside the Florida Lemon Law for a new vehicle or a used car still under warranty. It allows you to seek legal remedies in federal court if the manufacturer fails to honor the warranty, even after an arbitration decision under state law.
Do I Need an Attorney When Florida Lemon Law Covers My Defective Vehicle?
You do not always need an attorney, but having one can help with complex legal affairs. Many owners start by contacting the lemon law hotline for guidance. An attorney can assist if your case goes through the arbitration program or if negotiations with the manufacturer become difficult.
Are There Exemptions to the Florida Lemon Law for Used Cars?
Yes, there are some exemptions. The Florida Lemon Law generally does not cover off road vehicles or problems caused by a lack of routine maintenance prescribed by the owner’s manual. Vehicles with a problematic past may also be excluded if disclosed in a vehicle history report.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Laws vary by state, and outcomes depend on the specific facts of each case. Consult a qualified attorney for advice regarding your individual situation.
