CONSUMER LAW


You've been there before.  It could have been due to contractor malfeasance, some person or entity not fully performing on a contract, to even buying a lemon vehicle; chances are that someone has already burned you. 

I am tired of being ripped off.  So what do I do now since I've been burned.

Federal and Florida law prohibits unfair or deceptive trade acts or practices. If you think you've been cheated or ripped off, immediately call the Law Office of James M. Thomas Esq. for a free telephone consultation or click the submit my case link and tell us what happened to you.

Florida's Lemon Law

Chapter 681 of Florida StatutesLemon Law, is a statute designed to protect consumers who have purchased a lemon which is a new vehicle that has been either subject to the same repair on 3 or more occasions, or one that has been unusable (out-of-service) for at least 30 days due to different repairs
(Note: This does not include down time for routine maintenance prescribed by the owner's manual), and the Dealer continues to have problems conforming the vehicle to the manufacturer's warranty.  The following is a general overview of the lemon law and does not include all the statute's nuances. 

 The purpose of the statute is so that if a consumer has bought a ¡°lemon¡° within the meaning of the statute, then that consumer has recourse against the manufacturer for failure to conform the vehicle to the manufacturer's warranty.

 The most common remedy is the repurchase' which means the manufacture must buy back the subject vehicle after all the statutory requirements are met, less allowable reductions such as fair use.  Alternatively, the aggrieved consumer may elect to receive a replacement vehicle.

WHEN A LEMON LAW ACTION MAY BE BROUGHT: Generally, this is known as the "Lemon Law Rights Period." It is the period ending eighteen (18) months after the original delivery date or the first twenty-four thousand (24,000) miles, whichever occurs first.

The following requirements among others, must be met in order for a vehicle to fall under Florida Lemon Law:

VEHICLES COVERED: (1) a new vehicle that is purchased primarily for personal, family, or household purposes; (2) new vehicles leased for more than one year pursuant to a written agreement which provided that the lessee (the consumer) is responsible for repairs. (Note: it also includes motor vehicles used as demonstrators if a manufacturer's warranty was a condition of the sale.)

VEHICLES NOT COVERED: (1) vehicles run only on tracks; (2) off-road vehicles; (3) trucks over ten thousand pounds gross weight; (4) the living facilities of recreational vehicles; (5) motorcycles or mopeds.

NONCONFORMITIES COVERED: Any defect or condition that substantially impairs the use, value, or safety of a motor vehicle.

NONCONFORMITIES NOT COVERED: Any defect or condition that results from an accident, abuse, neglect, modification or alteration of the vehicle by persons other than the manufacturer's authorized service agent.

If you think your vehicle may qualify for lemon law relief or have any other consumer law issue, click the link below and tell us what has happened to you

YOUR INITIAL CONSULTATION ON ANY CONSUMER LAW MATTER IS ALWAYS FREE

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