The Standards of Florida Lemon Law
The state of Florida has always been one of the most interesting, particularly from a legal aspect, with some of the highest rates of lawsuits in recorded history. The fact of matter is that it isn’t just people suing people, but Florida has one of the highest rates of individuals suing corporations and vice versa. When it comes to such issues one of the most common areas for such action is the Florida lemon laws, as the top lemon law lawyer Miami has in practice, Mr. Steven Veinger, Esq. has helped countless individuals file lemon law claims against their vehicle manufacturers, and with a very high success rate as well. The thing to understand about Florida is that it has experienced periods of exponential growth and deficits, and during these times, there has been a constant fluctuation in the number of people on the road – thus causing issues like pollution and crowding of the roads. However, one of the least discussed issues has been the number of vehicles that have been built here, as Florida has no state income tax and therefore can help manufacturers save money. According to the top lemon law lawyer Miami has to offer, in order to meet the demand, coupled with the fact that most of these factories were relatively new, and therefore had somewhat poorly trained workers, throughput the 90’s and 2000’s and even more recent times, many cars had constant breakdowns, and many were classified as lemons and taken back by the manufacturers – only to be resold at a huge markdown. While some cars qualified and others didn’t, here is some valuable information to help you better understand florida Lemon Law.
According to Mr. Veinger, the top lemon law lawyer Miami has practicing, the Florida lemon law covers cars and trucks that are sold in Florida to transport persons or property. This includes demonstrators,recreational vehicles (other than the living facilities), and also leased vehicles if the lessee is responsible for repairs. The Florida lemon law does not cover vehicles run only on tracks, off-road vehicles, trucks over 10,000 pounds G.V.W., motorcycles, mopeds, or the living facilities of recreational vehicles. Now the important thing to understand that it wasn’t just the vehicles but the people to, and what happened with the vehicle.
The lemon law covers any of the following:
· The purchaser, other than for purposes of resale, or the lessee, of a vehicle primarily used for personal, family or household purposes;
· Any person to whom such vehicle is transferred for the same purposes during the duration of the Lemon Law Rights Period; or
· Any other person entitled by the terms of the warranty to enforce the obligations of the warranty.Subsequent owners are covered if the vehicle is transferred from one consumer to another during the Lemon Law Rights Period (24 months from original delivery).
Generally, the problems with the vehicle and the reason you are seeking a lemon law claim, is known as the nonconformity. The lemon law covers vehicle nonconformities. A nonconformity is defined as adefector condition that substantially impairs the use, value or safety of a vehicle. In addition,the lemon law requires repurchase/replacement only if the nonconformity causes the vehicle to not conform to the warranty. This information is not intended as legal advice. Please direct specific questions to your legal counsel.This does not include a defect or condition that results from an accident, abuse, neglect,modification, or alteration of the vehicle by persons other than the manufacturer or its authorized service agent.
The Duty to Repair
According to Mr. Veinger, the top lemon law lawyer Miami has to offer, the car maker must try to remedy the issue with the vehicle. If a motor vehicle does not conform to the warranty and the consumer first reports the problem to the manufacturer or its authorized service agent during the Lemon Law Rights Period, the manufacturer or its authorized service agent shall repair the motor vehicle, even if the repairs are made after the Lemon Law Rights Period. After there have been three unsuccessful attempts at repairing the same nonconformity on the vehicle – eventually once you and your attorney give them written notice, the manufacturer must either buy the car back at the original price or replace it for you. To learn more about lemon law or to schedule a consult for yourself, be sure to contact us at The Law Offices of Steven Veinger, Esq. today.