The
legislature of Florida has come up with a Motor Vehicles Warranty
Enforcement Act which is the lemon law for the state. By the
application of Florida Lemon Law, new cars and other
vehicles can be purchased by consumers with an assurance that the
warranty will certainly be covered.
With
the application of Florida
Lemon Law,
new cars in Florida are to be repaired by the authorised service
agent or manufacturer, until details of the warranty are conformed.
Vehicles
covered- Any vehicle which is
sold in the state to transport person or property, which includes
recreational vehicles. For leased vehicles, a remedy can only come
into the picture when a manufacturer’s warranty was issued as a
condition.
When
can Remedy be Claimed- Firstly,
whenever a consumer complains about the defects in the vehicle,
manufacturer or authorised service agent are to be approached to make
necessary repairs with no cost to the consumer. This shall be done
within twenty months of the date of delivery.
When
after three attempts the same issue persists, the manufacturer is to
be given a final attempt to cure the nonconformity. This also applies
when the vehicle has been out of service for more than 15 days.
What
is the Remedy- When even after
a reasonable number of attempts, the same non-conformity persists,
the consumer gets a right to get their vehicle replaced or be
refunded with the purchasing cost.
Under
the Florida Lemon Law, the manufacturer can also make provision for
informal dispute settlement. For this, however, the purchaser is to
be notified before-hand. Also, there is a limitation period of 60
days after the expiry of lemon rights period to claim remedy in
Florida New Motor Vehicle Arbitration Board.
There
are certain technicalities associated with the application of Florida
Lemon law, which makes it advisable to consult a lawyer before making
any claim.
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