Lemon Laws Essay

Submitted By LaCherie4
Words: 3427
Pages: 14

If you've purchased or leased a defective automobile, you do have legal recourse under Florida's Lemon Law. Officially titled the Motor Vehicle Warranty Enforcement Act, the law provides arbitration for car owners with complaints, and can result in a full refund or replacement vehicle.
You're on your own with a used car, however; the law applies only to the purchase or long-term lease of a new car.
To be eligible for arbitration:
The defect or condition must "substantially impair the use, value, or safety" of the vehicle. The car must have been taken in to the authorized service agent for service three separate times for the same substantial defect; or the vehicle must be out of service for at least 15 cumulative calendar days due to the substantial defect.
If the preceding conditions apply, mail a Motor Vehicle Defect Notification (MVDN) form to the manufacturer (not dealer) of your vehicle. The form must be sent by registered or express mail, with return receipt requested. This gives the manufacturer one final opportunity to attempt a repair or at least inspect the vehicle.
If, after 10 days, this final repair attempt or inspection has still not taken place, you are now free to seek arbitration under Florida's Lemon Law.
Many manufacturers offer state-certified arbitration for defective vehicles; if your vehicle's manufacturer offers such a program, be sure to seek resolution there first. If you do not receive a satisfactory resolution, or if there is no such program with your vehicle's manufacturer, proceed with the Florida New Motor Vehicle Arbitration Board. Call the state's Lemon Law Hotline at (800) 321-5366 or (850) 488-2221, or download a Request for Arbitration package.
If your request is granted, a hearing will be scheduled within 40 days. Be sure to compile written records and all documentation in relation to repairs, maintenance, and days out of service. You will be expected to provide proof of your claims.
For more information about the Lemon Law and state arbitration
Sometimes a manufacturer makes a design or production mistake on a motor vehicle. A service bulletin notifies the dealer of the problem and how to resolve it. Because these free repairs are not publicized, they are called "secret warranties." The National Highway Traffic Safety Administration maintains a database of service bulletins filed by manufacturers.
If you have a problem with a vehicle that is a safety hazard, check whether the manufacturer has recalled your vehicle. Click on Recalls or call NHTSA at 1-800-424-9393.Hazards that aren't listed should be reported to your dealer, the manufacturer of the vehicle, and NHTSA. If a safety-related defect exists, the maker must fix it at no cost to you-even if your warranty has expired.
If you have a vehicle with a unique problem that just never seems to get fixed, you may have a lemon. Some states have laws concerning lemons that require a refund or replacement if a problem is not fixed within a reasonable number of tries or if you haven't been able to use your vehicle for a certain number of days. Contact your local consumer protection office to learn whether you have such protections and what steps you must take to solve your problem. If you believe your car is a lemon:
•Give the dealer a list of the problems every time you bring it in for repairs.
•Get and keep copies of the repair orders listing the problems, the work done, and the dates the car was in the shop.
•Contact the manufacturer, as well as the dealer, to report the problem. Check your owner's manual or the directory for the auto manufacturers.
•Help other consumers avoid purchasing your lemon by registering it at safetyforum.com.

681.1096 Pilot RV Mediation and Arbitration Program; creation and qualifications.
(1) This section and s. 681.1097 shall apply to disputes determined eligible under this chapter involving recreational vehicles acquired on or after October 1, 1997, and shall remain in effect until