Written by attorney Jonathan Torres

Can you sue a car dealer for damages for selling you a defective car?

Can you sue a car dealer for damages for selling you a defective car? Florida Lemon Law only applies to new vehicles. If you buy a new car and you attempt to take it to the dealer and they try to fix it and it fails after 3 attempts you have rights under Florida Lemon Law and the dealer has reporting duties as well by law. Now if you buy a used car which is not certified pre owned or under warra...nty or under dealer or 3rd party warranty. BUYER BEWARE. You are purchasing the car AS IS. Used car dealers need to disclose and post certain documents on the vehicle by law. Please have your vehicle inspected and make sure you check whether the car was in an accident. Now, Florida DOES NOT have a Used Car Lemon Law, but you may be able to claim fraud, breach of an express warranty or implied warranty. You also have to remember that most, if not all car purchase agreements have a clause for binding arbitration. What does that mean? Well you cannot sue the dealer in court unless you first participate in an arbitration which is like an informal trial in front of an arbitrator, who is not a judge but decides if and whether you are entitled to compensation. After the arbitration if your attorney believes there has been an inappropiate decision by the arbitrator then and only then can you bring an action in court for judicial review. If the judge agrees with the Arbitrator decision the case will not go on. Again be careful when buying a used vehicle. DO NOT BUY USED cars from a used car dealer that has just opened shop. Do research. Ask the business how long they have been open. Make sure your dealer properly registers your vehicle and does the titlework and that they do have a clean title. Why? Because if you do not check you might be purchasing and financing a vehicle that the car dealer does not have the right to sell, which will cause A LOT of problems and potentially you could lose your money. There are some ways of protecting yourself against these types of things, but it involves Court action and Administrative Complaints in DMV against the Car Dealer. Remember you cannot drive a vehicle in Florida without proper registration and insurance and you cannot have registration without proper titlework. Oh, one more thing DO NOT be fooled or tricked to purchase 3rd party warranties. These hardly are worth it and have high deductibles and have a long list of exclusions. If you have any questions about Florida Lemon Law or other Consumer issues regarding purchases of cars in Florida contact Attorney Jonathan Torres.

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