Purchasing a new car should be a happy and thrilling occasion. But for some, it turns into a living nightmare as their new car continuously breaks down, and no repairman can seem to fix it. In Florida, there's a statute meant to protect consumers who purchase defective vehicles: the lemon law. While the lemon law is beneficial to consumers who got the short end of the stick of their latest purchase, it can be damaging to a seller's reputation and wallet. On top of that, many buyers and sellers don't fully understand how the lemon law works and how it can affect them.
If you want to learn more about Florida's lemon law, junkyardnearme.com is here to help. In this guide, we go over everything you need to know about the Sunshine State's lemon law, including what it is, who it applies to, and how the process works. Read on to learn more.
The lemon law is a state statute pertaining to cars that are sold and leased in Florida. It provides solutions for consumers who purchase or lease a vehicle with "nonconformities" that can't be quickly and adequately fixed. If a car has a nonconformity that isn't fixed after three or more attempts, the consumer can report the defect to the manufacturer or dealer at any time during the Lemon Law Rights Period, which spans 24 months from the date the vehicle was delivered to the consumer, plus an extra 60-day period.
For a car to be considered a "lemon", it needs to meet the following criteria:
1. Used for personal or family reasons
2. Used for personal or family reasons by the previous owner
3. Has a warranty that the current owner can legally enforce
Florida's lemon law does not cover:
It's crucial to note that the "nonconformity" in question needs to have been caused by the manufacturer or dealer, and not by an accident, abuse, or alteration made by the current or the previous owner. If a car meets all the criteria above, the current owner may be entitled to compensation under Florida’s lemon law.
If a nonconformity can't be fixed, the consumer can send a written letter to the manufacturer or dealer requesting a final repair attempt. When this occurs, the manufacturer or dealer has 10 days to reply. Typically, they'll send the owner and their car to the nearest repair shop. Once the car is dropped off, the manufacturer or dealer has 10 (standard vehicles) to 45 (recreational vehicles) days to perform repairs. If a vehicle is out-of-service for more than 15 days, the consumer should send another notice to the manufacturer or dealer. If a vehicle still can't be fixed after 30 days or more out-of-service, it's presumed a lemon, and the manufacturer or dealer is required to repurchase or replace it. So, how much of a refund is a lemon owner entitled to? When determining the amount of a reward, these factors are all taken into account:
The final amount can vary dramatically based on the combination of these factors. One thing to note is that the owner will be asked to pay an "offset fee" for the use of their vehicle, which is detracted from the initial reward amount. Generally, the formula used to determine the offset fee is: the base or sale price of the car, excluding taxes and fees, multiplied by the mileage added by the current owner, and divided by 120,000 (standard vehicles) or 60,000 (recreational vehicles). So, if someone bought a standard car for $24,000 and put 20,000 miles on it, their offset fee would be $4,000.
If the manufacturer or dealer doesn't offer to repurchase or replace the car at this point, the current owner can seek arbitration through the manufacturer or dealer's arbitration program or through the attorney general (AG). While hiring an attorney for the arbitration process isn't necessary, it's recommended, as a professional attorney can help the owner of the lemon receive more in compensation.
The last thing we’ll cover in this guide to everything you need to know about Florida’s lemon law is, “Does it affect private sellers?”
In most cases, the answer is no. Florida's lemon law pertains to cars with recurring manufacturer or dealer-caused nonconformities, not nonconformities caused by a former owner. Additionally, most private sales are done "as-is," which means the buyer accepts responsibility for all repairs. But even though the lemon law is rarely something a private dealer should worry about, they can still be held liable for damages if they lie about the state of the car or don't properly transfer ownership of their vehicle to the new owner.
Do you want to get cash for your junk car in Bradenton, FL or the rest of the Greater Tampa Bay and Manatee County, but don't want to deal with pesky lemon laws? When you sell your car to one of junkyardnearme.com's partners, you can get paid without the stress and hassle. We assume all liability for your vehicle post-sale, which means you can't be held liable for a lemon.
Selling your car to us is quick and simple. Tell us your car's make, model, and year, and we'll give you an instant quote. If you choose to accept our offer, we can come pick up your car as early as on the same day and pay you on the spot. With free towing, no extra "hidden fees", and all paperwork covered, all you have to do is sit back, cash in hand, and watch your car get driven into the sunset.
