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Florida Lemon Law Help

Florida Lemon Law Help.

Tuesday, October 04, 2005

Farmers to Get Lemon Law rights

Farm Aid

Farmers will soon get Lemon Law protection for new tractors and other farm equipment they buy or lease. Gov. George Pataki has signed legislation requiring that new farm equipment costing more than $1,500 be covered by a one-year warranty. If a dealer cannot repair significant defects in a piece of farm equipment, he must replace it or provide a full refund.

Have you taken the vehicle to the dealership or an authorized service agent at least 3 times for the SAME substantial defect or condition?

Florida Lemon Law: "

There must be three repair attempts for the same defect or condition, OR at least 15 cumulative calendar days out of service for one or more defects or conditions, before submitting the Motor Vehicle Defect Notification (MVDN) [14K PDF]. If you do not have the required number of repair attempts or days out of service, then continue to take the vehicle to the dealer for repairs.

Please Note: If your complaint is based on the vehicle being out of service for 15 or more days the manufacturer or its authorized agent has the opportunity to inspect or repair the vehicle. If the vehicle still does not conform to the warranty for a total of 30 or more days and the manufacturer has had the opportunity to repair, you are entitled to request arbitration."

Does your vehicle have a defect or condition that substantially impairs the use, value or safety of the vehicle?

A substantial defect or condition is a problem that substantially impairs the use, value, or safety of the vehicle. There is no easy answer to determine what types of defects or conditions substantially impair a vehicle’s use, value, or safety. It depends on the facts of each case. Minor or trivial defects, or defects caused by accident, abuse, neglect, modification or alteration by anyone other than an authorized service agent are not covered.

Did you purchase or lease your vehicle NEW in the State of Florida?

The Florida Lemon Law applies to NEW or demonstrator motor vehicles which are sold or leased in the State of Florida. With a few exceptions, a previously titled vehicle (used car) is not covered by the Lemon Law.

Does the Lemon Law Apply to My Vehicle?

The Lemon Law program DOES NOT COVER USED CARS, vehicles that run only on tracks, off-road vehicles, trucks over 10,000 pounds gross vehicle weight, motorcycles, mopeds, or the living facilities of recreational vehicles. In order to find out if you could qualify for protection under the Lemon Law, please review the follow information.

Saturday, September 10, 2005

List of Vehicles Reacquired Under Florida's Lemon Law

Vehicles Reacquired Under Florida's Lemon Law: "Vehicles 'Bought Back' Under Florida's Lemon Law
Search Resale Vehicles"

Check out the official site for the Attorney General of Florida!

Florida Lemon Law - Division of Consumer Services, DOACS

Florida Lemon Law - Division of Consumer Services, DOACS: "Florida Lemon Law

Florida’s Lemon Law - The System Works!

The Lemon Law program has proven to be an effective means of recourse for Florida consumers who have purchased or leased NEW defective autos. Buying a new car is one of the most important and expensive purchases you will make. If you find yourself going back and forth to the dealer for frequent repairs, the fun and satisfaction of owning a new car can quickly change into a frustrating and costly experience. If you have invested hard-earned cash into a 'showroom lemon,' help is just a phone call away."

Wheelchair a Lemon?

FirstCoast News.com - Print Article: "Motorized Wheelchair: Is It A Lemon?

By Ken Amaro
First Coast News

JACKSONVILLE, FL -- Cathy Rhoden feels her motorized wheelchair is a lemon.

'I've had to replace the motor twice and there are other problems.' says Rhoden.

It turns like she wants it to, but says it breaks too often.

'I'm afraid that the motor is going to go out again.' says Rhoden.

The chair is three years old and cost six thousand dollars. Medicaid paid for it.

Rhoden was told that her weight might be a problem, but she refuses to accept that line of reasoning.

'This was built for me and it is rated at 350 pounds or more,' says Rhoden."

Florida Lemon Law Recoveries

Consumers recover $23.5M under Lemon Law - 2005-08-15: "Now in its 17th year, Florida's Lemon Law allows consumers an avenue to receive replacement vehicles or refunds when their vehicles are subject to repeated, unsuccessful warranty repairs. The problems must first be reported to the manufacturer before going to the arbitration board."

Lemon Computers?

The Sentinel Online - Archived Story: "‘Lemon Law' for computers?

By The Sentinel, August 14, 2005

It wasn't so long ago that personal computers were rare and confounding devices.

They looked like some bizarre marriage of a TV and a typewriter, yet you couldn't watch TV on the screen. And typing on them simply made them disgorge rows and rows of error messages.

Even as late as 1998, only about 1 person in 3 even owned a computer. And many of those folks were baffled when their computer no longer responded to the same commands and mouse moves they did when they were still on the showroom floor."

Florida consumers recover $23.5M under Lemon Law

Florida consumers recover $23.5M under Lemon Law - 2005-08-15: "Florida consumers recover $23.5M under Lemon Law

The board that arbitrates disputes under the state's Lemon Law dealt with fewer cases in 2004, the smallest number since 1994, according to a report released Monday by the Florida Attorney General's Office.

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In 2004, the New Vehicle Arbitration Board resolved 1,033 cases in 2004, a 14 percent drop from 2003, the report says.

Claims were approved against 24 manufacturers in 2004. Ford Motor Co. had the most cases approved for arbitration, with 364, or 35 percent of the year's total. The 172 cases involving DaimlerChrysler was the second-highest total. No other manufacturer had more than 75 cases go to arbitration."

Lemon Law for Computers?

Columnists - Opinion - Public Opinion - www.publicopiniononline.com: "While I am very sensitive to consumer protection and the difficulty many consumers have with their computer systems, it is my opinion that House Bill No. 2284, AKA 'The Computer Lemon Law' contains inherent flaws that will be bad for both the consumer and the computer industry."

Lake Country Reporter

Lake Country Reporter: "Garcia of Hartland was recently able to turn the keys of the troublesome 2001 Tribute over to the dealership she successfully sued under the state's lemon law.

'I was really happy when I handed them (the dealership) the keys and they gave me a check,' Garcia said.

That check was for $60,900. The amount Waukesha County Circuit Court Judge James Kieffer awarded Garcia Aug. 3 in her fight against Hall Imports of Brookfield and Mazda Motor of America Inc."

Thursday, April 14, 2005

Owner Sued Under 'Puppy Lemon Law'

Local10.com - News - Owner Sued Under 'Puppy Lemon Law': "Owner Sued Under 'Puppy Lemon Law'
Dog Owners Say They Were Sold Sick Puppies

BROWARD COUNTY, Fla. -- Dozens of dog owners are banding together to take action against a South Florida pet dealer. Unhappy consumers have joined together to file suit against a pet shop. They claim that the puppies were misrepresented as having come from local breeders rather than puppy mills. The suit also claims that the puppies were sickly, and had not received proper vaccinations by veterinarians. The suit is filed under Florida's 'Puppy Lemon Law.'"

Wednesday, April 13, 2005

Court TV Lemon of the Stars

Max Weinberg's Alleged Lemon

"The longtime drummer behind rock legend Bruce Springsteen will not be cruising around in a glamorous vintage Thunderbird to celebrate his birthday today, but he might be behind the wheel of a $93,785 lemon. New Jersey native Max Weinberg, who is also the bandleader on 'Late Night with Conan O'Brien,' has filed a lawsuit against a car dealer who promised the musician a vehicle in 'suburb condition' (sic), but allegedly sold him a lemon with a leaky transmission, a rusty and greasy underbody, and a bent and welded front frame."

A 'lemon law' for homes?

North Jersey Media Group providing local news, sports & classifieds for Northern New Jersey!: "A 'lemon law' for homes?

New Jerseyans who find their new homes plagued with dangerous defects should be guaranteed a full refund from the builder. Call it a 'lemon law' for new construction. That recommendation and others were made by the State Commission of Investigation in a 51-page report Thursday. Among its other proposals: that builders be required to have licenses and meet competency standards, and that municipal building code officials who knowingly allow construction to move forward without proper inspections face prosecution."

How The Florida Lemon Law Works

How The Florida Lemon Law Works: "How The Florida Lemon Law Works

The Lemon Law covers defects or conditions that substantially impair the use, value or safety of the new or demonstrator vehicle (these are called 'nonconformities'). These defects must be first reported to the manufacturer or it authorized service agent (usually, this is the dealer) during the 'Lemon Law Rights Period,' which is the first 24 months after the date of delivery of the motor vehicle to the consumer. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent. DO NOT DELAY in reporting a problem as this may cost valuable time and protection. "

IALLA, The Lemon Law Organization

IALLA, The Lemon Law Organization: "IALLA Calls for National Database of Defective Vehicles

The International Association of Lemon Law Administrators is calling on the federal government to adopt a tracking system for all defective new vehicles deemed 'lemons' to prevent consumers from being unwittingly stuck with problem autos. View complete text of news release."

New Motor Vehicle Arbitration Board Annual Report

Florida Attorney General - New Motor Vehicle Arbitration Board 2001 Annual Report: "New Motor Vehicle Arbitration Board 2003 Annual Report

Florida's 'Lemon Law,' Chapter 681, Florida Statutes, allows consumers to receive replacement motor vehicles or full purchase price refunds when their new or demonstrator motor vehicles are subjected to repeated, unsuccessful warranty repairs for the same defect or are constantly in the shop for repair of one or more different defects. The defects must substantially impair the use, value or safety of the vehicle, and must be first reported to the manufacturer or its authorized service agent during a specified period after the consumer takes delivery. If the manufacturer fails to provide the statutory remedy, the consumer can arbitrate their claim before the New Motor Vehicle Arbitration Board, which is created within the Department of Legal Affairs. The board consists of members appointed by the Attorney General to conduct arbitration hearings throughout the state. Arbitration is an all-or-nothing proposition for the consumer, who will either win an award of a refund or replacement, or have their claim dismissed. Section 681.1095, Florida Statutes, requires that the Attorney General compile annual statistics for all disputes submitted to the board. The information contained in this report was derived from the records of the Lemon Law Arbitration Program, which is administered by the Office of the Attorney General. This report covers claims approved for arbitration from January 1 through December 31, 2003."

How To Use The Motor Vehicle Defect Notification Form

Florida - How To Use The Motor Vehicle Defect Notification Form: "How To Use The Motor Vehicle Defect Notification Form

The purpose of this form is to provide you with a means of notifying the manufacturer(s) of your vehicle that you have reached a certain point in the repair process. This notification is required by the Lemon Law after there have been at least three repair attempts for the same substantial defect or condition, or the vehicle has been out of service for 15 or more days for repair of one or more substantial defects or conditions. Use of this particular form is optional. The notice to the Manufacturer must be in writing. "

Vehicles 'Bought Back' Under Florida's Lemon Law

Florida Vehicles 'Bought Back' Under Florida's Lemon Law: "Vehicles 'Bought Back' Under Florida's Lemon Law

If a consumer who owns or leases a new motor vehicle files a claim under Florida's Lemon Law and the manufacturer thereafter agrees or is ordered to buy back the vehicle, the manufacturer is required to notify the Office of the Attorney General of the buy-back and to have the vehicle's title branded 'manufacturer buy back' by the Florida Department of Highway Safety and Motor Vehicles. "

Arbitration Board - Case Summaries

Florida Attorney General - Arbitration Board - Case Summaries: "Florida New Motor Vehicle Arbitration Board Case Summaries

Case Summaries are brief annotations of selected Decisions of the New Motor Vehicle Arbitration Board and are prepared by Assistant Attorneys General in the Lemon Law Arbitration Program of the Office of the Attorney General. They do not represent the entire text of any Board Decision, nor are they summaries of every Decision rendered by the Board. They may provide some guidance with regard to how the Board has ruled on various issues; however, the Case Summaries should not be considered definitive or precedential, and are not intended as any guarantee by the Board or the Office of the Attorney General that similar issues coming before the Board will be decided in the same manner as may appear in the Case Summaries."

Recreation Vehicles

Florida Attorney General - Recreation Vehicles: "Recreation Vehicles

Purchasers of new or demonstrator recreation vehicles (not van or truck conversions) should be provided with the 'Consumer Guide to the Florida Lemon Law' by their selling dealer at the time of purchase. The Consumer Guide contains a section that explains Lemon Law coverage for recreation vehicles. If you did not receive a Consumer Guide when you purchased your vehicle, call 1-800-321-5366 (1-850-488-2221 if outside Florida) to request a Guide. Recreation vehicle manufacturers are also required to inform consumers how and where to file a claim with the Pilot RV Mediation/Arbitration Program. This information must be provided in writing at the time of acquisition of the recreation vehicle."

Lemon Law Remedy Calculation Guideline

Florida Attorney General - Lemon Law Remedy Calculation Guideline: "Lemon Law Remedy Calculation Guideline

The following information is provided as a guideline to assist consumers in estimating the amount a consumer might recover if a refund or a replacement motor vehicle is awarded under the Lemon Law. The information is provided as a guide, only, and does not constitute a guarantee of entitlement to any relief under the law. Whether the consumer is entitled to a remedy under the Lemon Law, and the amount of any such remedy, is determined by the New Motor Vehicle Arbitration Board on a case-by-case basis. The consumer and manufacturer may also agree, before the arbitration hearing, to a remedy that may be more or less than what is calculated using this guideline. This is a general guideline only, and may not apply to every situation."

Lemon Law Remedy Calculation Guideline

Florida Attorney General - Lemon Law Remedy Calculation Guideline: "Lemon Law Remedy Calculation Guideline

The following information is provided as a guideline to assist consumers in estimating the amount a consumer might recover if a refund or a replacement motor vehicle is awarded under the Lemon Law. The information is provided as a guide, only, and does not constitute a guarantee of entitlement to any relief under the law. Whether the consumer is entitled to a remedy under the Lemon Law, and the amount of any such remedy, is determined by the New Motor Vehicle Arbitration Board on a case-by-case basis. The consumer and manufacturer may also agree, before the arbitration hearing, to a remedy that may be more or less than what is calculated using this guideline. This is a general guideline only, and may not apply to every situation."

State-Certified, Manufacturer-Sponsored Programs

Florida Attorney General - State-Certified, Manufacturer-Sponsored Programs: "State-Certified, Manufacturer-Sponsored Programs

1. The following manufacturers sponsor the BBB/AUTOLINE program and are certified by the State:
Acura
AlfaRomeo
AM General
Audi
Bentley
Honda
Hyundai
Infiniti
Isuzu Kia
Nissan
Rolls Royce
Saab
Saturn
Volkswagen
General Motors (Buick, Cadillac, Chevrolet, GMC Trucks, Pontiac, Oldsmobile)

2. The following manufacturers sponsor the National Center for Dispute Settlement (NCDS) and, effective for vehicles acquired on or after July 1, 2003, are certified by the State:
Porche
Toyota
3. The following manufacturer sponsors the National Center for Dispute Settlement (NCDS) and effective for vehicles acquired on or after May 17, 2004, is certified by the State:
Lexus"

How The Florida Lemon Law Works

Florida Attorney General - How The Florida Lemon Law Works: "How The Florida Lemon Law Works

The Lemon Law covers defects or conditions that substantially impair the use, value or safety of the new or demonstrator vehicle (these are called 'nonconformities'). These defects must be first reported to the manufacturer or it authorized service agent (usually, this is the dealer) during the 'Lemon Law Rights Period,' which is the first 24 months after the date of delivery of the motor vehicle to the consumer. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent. DO NOT DELAY in reporting a problem as this may cost valuable time and protection. "

Tuesday, April 12, 2005

Is my vehicle covered?

Florida Attorney General - Is my vehicle covered?

Is my vehicle covered?

Florida's Lemon Law only applies to NEW or demonstrator vehicles sold in the state of Florida. New or demonstrator vehicles that are leased in Florida are also covered, if they are lease-purchased, or if the lease is for one year or more and the lessee is responsible for taking the vehicle in for repair. If the vehicle is transferred from one consumer to another during the first 24 months after delivery to the original consumer, and both consumers use the vehicle for personal, family or household purposes, the consumer to whom the vehicle is transferred may be covered under the Lemon Law.
The Lemon Law Does NOT Cover:
Trucks weighing more than 10,000 pounds gross vehicle weight;
Off-road vehicles;
Vehicles which are purchased for purposes of resale;
Motorcycles and mopeds;
The living facilities of recreation vehicles.