My vehicle was purchased new in Florida. I have owned it now for 17 mths is it elgible as a lemon

Asked over 2 years ago - Orange City, FL

Car has been towed numerous times electrical problems,slider door never has wrkd rt opens close when feels like it. Now just stalled on it own in middle of driving almost got hit. Towed again dealership said relay switch so fixed then pulling out of dealer shut dn again. So still there. I have at least 100 papers of all stuff been in for to be fixed that broke down

Attorney answers (3)

  1. Dennis Andrew Chen

    Pro

    Contributor Level 17

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    Answered . If you purchased the car new and less than 24 months have passed then your car should fall within the lemon law rights period. Years ago I served as a Lemon Law Arbitrator and I am familiar with the lemon law so feel free to contact me with any questions at dennis@chenlaw.net

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  2. Ronald Lee Burdge

    Pro

    Contributor Level 20

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    Answered . Every state has its own Lemon Law and whether your vehicle is a lemon depends on Florida’s law and the facts of your case. You can read an outline of your state's Lemon Law on this web page here: http://ohiolemonlaw.com/state-lemon-law-summari.... For Florida, there are 2 definitions of a lemon and you only need to fit one of them (15 calendar days out of service max or 3 times in the shop for the same problem max without it getting fixed). There is also a federal lemon law that covers almost all consumer purchases and it can help you too; it's called the Magnuson Moss Warranty Act. Some state lemon laws only cover vehicles purchased new and other state laws (like Ohio) can cover used or new or a demonstrator vehicle, so you have to read your state's particular law to know for sure what your legal rights are. If you do have a lemon, then you probably have the right to chose between getting your money back or getting a replacement vehicle, since that is what most states allow the consumer to do. To get relief under the Florida Lemon Law you have to send a written notice to the manufacturer and they have ten days to make a final repair attempt after you turn the vehicle over to a designated dealer - but you should talk to a local lemon law lawyer before you send that letter so you can be sure you are doing it right and what you can expect. Florida also has a state run arbitration process but you should talk to a Lemon Law lawyer near you to find out more about your options and your rights. I recommend that you do NOT go into the Florida Lemon Law process without talking with a local attorney so you know what to expect and how to handle the process, if you decide not to get an attorney. It might cost you a modest amount for a face to face conference, but it would also be money well spent. Call your local attorney bar association and ask for a referral to a lemon law lawyer near you. Or you can check this web page for a Free Online 50 State national List of Local Lemon Law Lawyers (they don't pay to be listed here and most of them are members of the only national association of consumer law lawyers): http://ohiolemonlaw.com/locate-a-local-attorney.... Also, for every legal right you have, you only have a limited amount of time to actually file a lawsuit in court or you automatically lose (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are.If this answer was helpful, please give it a “Vote Up” below. Thanks and good luck. PS - there are some links to useful info below too. Ron Burdge, www.USLemonLawyers.com

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  3. Scott Richard Kaufman

    Contributor Level 20

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    Answered . Keep in mind that LL is basically,
    1- Did you have a warranty?
    2- Did you give them a reasonable opportunity to fix within that warranty period?
    3- Was the problem(s) significant? (not like a radio)
    4- Did they get it fixed?

    There are some states that will limit the time frame or mileage you have to make this claim, but, it's rare and even if you are in one of those states, usually the federal Magnuson Moss act will be available to help you. Do note that because you are in FL and it is a highly Republican state, you may be in the process right now of losing your lemon law rights, as there is an open war on consumers being waged in many states including yours.

    Find a good lemon law attorney here: http://www.naca.net

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