FL Lemon Law Used Cars: Know Your Rights! Act Now!
The Florida Department of Highway Safety and Motor Vehicles administers regulations that offer protection under the state's lemon law florida used car statutes. Consumers encountering persistent defects may seek redress through processes outlined in the Florida Statutes Chapter 681, which details eligibility criteria for vehicles considered 'lemons'. The core principle of lemon law florida used car revolves around affording recourse to individuals who have purchased problematic vehicles, sometimes necessitating the involvement of specialized lemon law attorneys. Lemon law florida used car aims to ensures fair treatment for consumers facing significant, unresolvable vehicle issues.

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Understanding Your Rights with the Florida Lemon Law and Used Cars
The Florida Lemon Law does apply to some used cars, despite commonly being associated with new vehicles. Understanding your rights as a consumer and acting quickly when you suspect a "lemon" is crucial. This guide will outline the specifics of the Florida Lemon Law concerning used vehicles, helping you determine if you're covered and what steps to take.
Does the Florida Lemon Law Apply to Used Cars?
This is the crucial question. The short answer is: generally, no. The Florida Lemon Law primarily protects buyers of new motor vehicles. However, there are specific circumstances under which a used car may be covered.
The "Implied Warranty" Exception
Florida law implies a "warranty of merchantability" on used cars sold by dealers. This means the car should be in reasonably good working condition and safe for ordinary use. This warranty exists even if it's not explicitly stated.
- Key Point: This implied warranty only applies to cars sold by dealerships, not private sales.
- How long does it last? The duration of this implied warranty can vary depending on the circumstances of the sale and the vehicle's age and mileage.
What is Considered a Breach of Implied Warranty?
A breach occurs when the used car has significant defects that make it unusable or unsafe shortly after the purchase, and the dealer fails to repair the issue after a reasonable number of attempts.
- Examples of potential breaches:
- Recurring engine problems that render the vehicle unreliable.
- Transmission failures that prevent the car from being driven.
- Safety-related issues like brake failure or steering malfunctions.
Documenting Problems and Repair Attempts
Thorough documentation is essential. Keep detailed records of:
- The date of purchase.
- All repair orders, including the date, mileage, description of the problem, and the repairs performed.
- Communication with the dealership (emails, letters, phone calls).
What Steps Should You Take If You Suspect You Have a Lemon Used Car?
If you believe your used car is a lemon based on the implied warranty, act quickly.
- Notify the Dealer in Writing: Send a certified letter to the dealership outlining the problems, the repair attempts, and demanding a resolution. Keep a copy of the letter and the return receipt.
- Give the Dealer a Reasonable Opportunity to Repair: The law requires you to give the dealer a reasonable chance to fix the problem. "Reasonable" depends on the severity and nature of the defect.
- Consider Mediation or Arbitration: Many dealers have dispute resolution programs. Explore these options before pursuing legal action.
- Consult with an Attorney: A qualified attorney specializing in consumer law and the Florida Lemon Law can evaluate your case and advise you on the best course of action.
Key Differences Between the New and Used Car Lemon Laws
It's vital to understand the distinctions between protections for new and used cars.
Feature | New Car Lemon Law | Used Car Implied Warranty |
---|---|---|
Vehicle Type | Primarily covers new vehicles. | Applies only to used cars sold by dealerships. |
Problem Definition | Substantial defect(s) impairing use, value, or safety, and not repaired after a reasonable number of attempts. | Significant defects that make the car unusable or unsafe shortly after purchase, and not repaired after reasonable attempts. |
Remedy Options | Refund of the purchase price or a replacement vehicle. | Typically, repair of the vehicle or, in some cases, rescission of the sale (refund). |
Duration | Generally covers the vehicle during the manufacturer's warranty period. | Varies depending on the circumstances of the sale. Usually shorter than a new car warranty. |
Important Considerations
- "As-Is" Sales: If you purchase a used car "as-is," the implied warranty is typically waived. Ensure this is clearly stated in the sales contract.
- Vehicle History Reports: Reviewing a vehicle history report (e.g., Carfax) before purchasing can help identify potential problems.
- Independent Inspections: Have a qualified mechanic inspect the car before you buy it. This can uncover hidden issues.
- Florida Statute Chapter 672 (Uniform Commercial Code - Sales): This statute forms the legal basis for implied warranties in Florida. Familiarize yourself with its provisions.
Video: FL Lemon Law Used Cars: Know Your Rights! Act Now!
FAQs: Florida Lemon Law and Used Cars
This FAQ section addresses common questions about your rights under the Florida Lemon Law when purchasing a used vehicle. Knowing your rights is crucial to ensure you are protected.
Does the Florida Lemon Law apply to used cars?
Yes, under certain circumstances. While the Florida Lemon Law primarily covers new vehicles, it can apply to used cars if the vehicle is still covered under the original manufacturer's warranty. This is a critical point to remember when buying a pre-owned vehicle.
What makes a used car a "lemon" under the Florida Lemon Law?
If your used car has a substantial defect that impairs its use, value, or safety, and the manufacturer or its authorized dealer is unable to repair it after a reasonable number of attempts during the warranty period, it might qualify as a lemon. The key is the unfixable substantial defect.
What should I do if I think my used car is a lemon under the Florida Lemon Law?
Document everything. Keep records of all repairs, attempts to fix the problem, and communication with the dealership or manufacturer. Contact a qualified attorney specializing in Florida lemon law for used car cases. They can assess your situation and advise on the best course of action.
What compensation am I entitled to if my used car qualifies under the Florida Lemon Law in Florida?
If your used car qualifies, you may be entitled to a replacement vehicle or a refund of the purchase price, less a reasonable allowance for use. An attorney can help you navigate the process and negotiate with the manufacturer to obtain fair compensation under the lemon law Florida used car regulations.