Lemon Law Attorney
How to squeeze your carmaker if you get stuck with a lemon
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Car manufacturers buy back about 100,000 vehicles with chronic problems each year, according to the Center for Auto Safety. If you’ve got a lemon on your hands, consider these tips: 1. Know what’s covered. Florida’s lemon law applies to new or demonstrator vehicles sold or leased in the state. It ceases to apply after two years. If the vehicle is transferred from one consumer to another within those first two years, the second consumer also may be covered. 2. Know what isn’t covered. The law does not cover trucks weighing more than 10,000 pounds; off-road vehicles; vehicles purchased so they can be resold; motorcycles; mopeds; and the living facilities of recreation vehicles. The law also does not cover defects caused by accidents, neglect, abuse or unauthorized modifications. 3. You can go it alone. Many people have had success navigating through Florida’s lemon law process on their own. To obtain a “Consumer Guide to the Florida Lemon Law,” call the Lemon Law Hotline at (800) 321-5366 in Florida or (850) 488-2221 outside Florida. 4. Or you can get help. If you feel overwhelmed or sense that you’re getting nowhere with your manufacturer, hire an attorney. You can find attorneys through Lemon Law America (www.lemonlawamerica.com, 800-US-LEMON) or the Center for Auto Safety (www.autosafety.org, 202-328-7700). 5. Federal law supersedes state law. Your attorney can sue under the federal Magnuson-Moss Warranty Act, which holds carmakers liable for as long as the car is under warranty and forces them to pay all legal fees if you win. 6. Document everything. Be able to show how many times you’ve tried to get the car fixed, as well as how many times you’ve given the manufacturer written notification of the problem via certified, registered or express mail. 7. Arm yourself. Carmakers issue technical service bulletins about known defects. Scan for such bulletins and recalls at the Web sites of Alldata (www.alldata.com/TSB) and the National Highway Traffic Safety Administration (www.nhtsa.dot.gov). 8. Get set for the dispute-resolution process. Consumers in Florida may use one of two arbitration programs: a state-certified arbitration program sponsored by the car manufacturer or a state-run program administered by the Florida New Motor Vehicle Arbitration Board. 9. Read everything carefully. Avoid signing a waiver in which you relinquish future rights in a settlement dispute. Some manufacturers ask consumers to waive their right to make future claims in exchange for a cash payment. 10. Understand the consequences. If you enter binding arbitration and accept the decision, you may be giving up your right to appeal your case. It’s probably wise to be represented by an attorney. – Compiled by Laura T. Coffey. |
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