How the New Car Lemon Law Can Help You
Getting a new car is one of the happiest and most exciting parts of any individual’s life. From that all-too-common new car smell, to a dashboard, and modern amenities that cars in 2019 are known for, there is a lot to be excited about – both aesthetically and functionally. However, while that new car purchase might seem to be a moment to be happy about, there are a number of factors that can simply dampen your mood, when things just don’t seem to be going right. Whether it’s the steering, the brakes, a botched paint job, or a horrible smell, you think you’ve bought a lemon. But just because you personally believe the car to be a lemon doesn’t mean the law necessarily agrees with you. According to Mr. Steven Veinger, the top lemon law attorney Miami has to offer, each state has their own set of dynamic laws that outline what exactly constitutes a car as a lemon – in the vast majority, this is understood as a new car, that is described as irretrievably malfunctioning. These laws are govern whether an individual is afforded person protection under the consumer protection laws. And while some of these laws are easily interpreted on your own, the best thing an individual can do is to hire the help of a lawyer, like the top lemon law attorney Miami has in practice, Mr. Steven Veinger. While the attorney can certainly help you in such an instance, the more you educate yourself the better positioning you will be in.
What is a “Lemon”?
While each state has their own laws over what must be considered a lemon, there is somewhat of a legal designation that outlines a Florida lemon law claim. Firstly, the vehicle must have a “substantial defect” that is to be covered under the warranty – this occurs within a certain time after purchase. Secondly, the defect must still be an issue, after the owner has taken a “reasonable” number of repair attempts to fix. The number of repair attempts and what exactly constitutes a substantial defect can vary from state to state. According to Mr. Veinger, the Top Lemon Law Attorney Miami has to offer, Florida 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 directly 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. An interesting fact is that if the newly purchased vehicle is “out of commission” for at least 30 or more days cumulatively.
While it might sound difficult to truly understand right away, a substantial defect is a problem, not caused by the use or improper use of the vehicle in question. This defect must impair the car’s use, value, and safety protocols. In most states, the defect must be covered under express warranty and affect a serious function or expectation of the car. For example, faulty steering or brakes qualify as a substantial defect because they affect vehicle safety, while a loose glove compartment hinge does not qualify because it is a minor problem that doesn’t affect a significant function or expectation of the car.The tricky issue is that the legal line drawn between “substantial” and minor problems isn’t always clear and varies from state to state. Problems like a poor paint job may not seem like a substantial problem to some people, but many states have found these conditions to constitute a substantial defect.
No matter what state in which you reside, the defect must occur within a certain time period or certain number of miles. Even then, there must be a “reasonable” number of attempt to consider a lemon law claim, however, according to the top lemon law attorney Miami has in practice, Mr. Steven Veinger, generally 3 to 4 attempts should suffice – especially when the vehicle isn’t drivable. For more information on Florida lemon law claims, or to schedule an appointment to meet with Mr. Veinger, be sure to contact us today.