Lemon Law Q&A

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Lemon Law Questions and Answers

At Law Car Manager, we’ve gathered the most frequently asked questions and answers about Lemon Law to help guide you through the process. Based on our extensive experience, these questions address the concerns we’ve heard most often from our clients in Florida and New York. Whether you’re just starting to explore your options or are deep into the Lemon Law process, our Q&A section is designed to provide you with clear, straightforward information to help you understand your rights and the steps you can take. We’re here to make the process as smooth as possible for you!

1 What is the Lemon Law?

Lemon Law protects consumers who purchase or lease a new or used vehicle that has serious defects. If the vehicle can’t be repaired after a reasonable number of attempts, the manufacturer must either replace the vehicle or refund the buyer.

2 Does Lemon Law apply to both new and used cars?

In Florida, Lemon Law applies only to new vehicles. In New York, it covers both new and used vehicles, though we focus on cases involving new vehicles, as the criteria differ for each.

3 How do I know if my car qualifies as a lemon?

In both states, a vehicle qualifies as a lemon if it has a substantial defect covered by the warranty that affects its safety, value, or use, and if the manufacturer cannot fix the defect after a reasonable number of attempts.

4 What is considered a reasonable number of repair attempts?

In Florida, the manufacturer is given three attempts to repair the vehicle. In New York, it’s four attempts. Additionally, if the vehicle is out of service for a cumulative total of 30 days, it may qualify as a lemon in both states.

5 How long do I have to file a Lemon Law claim?

In both Florida and New York, you must file within 24 months of the vehicle’s delivery for new cars. At Law Car Manager, we specialize in handling cases for new vehicles only. For used cars in New York, the time period varies based on the specific warranty provided at the time of purchase, but we do not handle these cases.

6 Does Lemon Law cover leased vehicles?

Yes, in both Florida and New York, leased vehicles are covered under Lemon Law.

7 What documentation do I need to prove my car is a lemon?

You need repair orders, receipts, and records of all communications with the dealer or manufacturer. Keep detailed notes of each repair attempt.

8 Can I file a Lemon Law claim if I bought my car from a private seller?

No, Lemon Law in both Florida and New York only applies to vehicles purchased from authorized dealers.

9 What compensation can I expect if my car is considered a lemon?

In both states, you may receive a replacement vehicle or a refund, including the purchase price, taxes, registration fees, and possibly even attorney’s fees.

10 Do I need a lawyer to file a Lemon Law claim?

While not required, having a lawyer can help navigate the process, especially if the manufacturer disputes your claim.

11 How long does the Lemon Law process take?

The timeline can vary. In both states, it typically takes a few months, but it can be longer if the case goes to arbitration or court.

12 Will I have to go to court for my Lemon Law case?

Not necessarily. Both Florida and New York have arbitration programs to resolve Lemon Law disputes without going to court.

13 Can I continue to use my car while my Lemon Law claim is being processed?

Yes, you can continue to use your car, but keep detailed records of any additional issues that arise.

14 Does Lemon Law apply to RVs, motorcycles, or boats?

In Florida, Lemon Law covers only new cars, trucks, and SUVs. In New York, it can apply to motorcycles, but RVs and boats are generally not covered in either state.

15 **What happens if the manufacturer refuses to acknowledge my claim?

In both states, if the manufacturer refuses to cooperate, you can file a complaint with the state’s Lemon Law program or proceed to arbitration.

16 Can I get a refund or replacement vehicle under Lemon Law?

Yes, in both states, you can get a refund or replacement if your vehicle is deemed a lemon.

17 Are there any costs associated with filing a Lemon Law claim?

Yes, filing a claim can involve fees. However, if you work with Law Car Manager, you won’t pay anything upfront for filing or any other costs. We operate on a results-only basis, meaning you only pay us after we win your case and secure refund for you.

18 What should I do if my car has been in the shop for a long time but the issue isn’t fixed?

Document the total number of days your car has been out of service. In both Florida and New York, if the vehicle is out of service for 30 days or more, you may have a valid Lemon Law claim.

19 How does Lemon Law differ between Florida and New York?

While both Florida and New York give you 24 months from the vehicle’s delivery date to file a Lemon Law claim for new cars, there are some key differences. In New York, Lemon Law also covers certain used vehicles, whereas Florida’s law only applies to new vehicles.

Additionally, in New York, the defect must occur within the first 18,000 miles or 24 months, whichever comes first, for new vehicles. For used vehicles, New York has specific mileage and age limits depending on the vehicle’s condition at the time of purchase. Florida, on the other hand, does not have a specific mileage limit, but the defect must occur within the 24-month period.

20 Can I file a Lemon Law claim if I moved to another state after buying the car?

You generally need to file the claim in the state where the vehicle was purchased. However, it’s best to consult with an attorney for specific guidance.

21 Does Lemon Law cover safety issues or just mechanical problems?

Lemon Law covers any substantial defect that impairs the vehicle’s safety, value, or use, whether mechanical or otherwise.

22 What happens if my Lemon Law claim is denied?

You can appeal the decision, possibly with the help of an attorney, but generally, the design is final in both states.

23 Can I negotiate with the manufacturer without a lawyer?

Yes, you can negotiate on your own, but a lawyer can help ensure you receive fair compensation.

24 What are my options if the manufacturer offers a settlement I’m not happy with?

In both states, you can refuse the settlement and proceed to arbitration for a potentially better outcome.

25 What should I do first if I think my car is a lemon?

Immediately document all issues, keep records of all repair attempts, and consider consulting with a Lemon Law attorney to evaluate your case.

26 Is there a mileage limit for filing a Lemon Law claim?

In Florida, Lemon Law claims are only applicable if the vehicle was purchased new in the state and within the 24-month period, with no specific mileage limit. In New York, you can file a claim if the vehicle was purchased new or if it was purchased new in another state, like Florida, and later registered in New York. This flexibility allows you to choose the best state in which to file your claim, depending on your circumstances.

27 Do I have to pay anything to Law Car Manager before my case is won?

No, you do not pay anything to Law Car Manager upfront. We operate on a contingency basis, meaning you only pay us if we win your case and you receive compensation. We only get paid when you do!

28 Do I have to pay the full attorney fees, or can the manufacturer of my car cover the cost of Law Car Manager’s fees?

In some cases, the manufacturer may cover a portion or even the full amount of Law Car Manager’s fees. The coverage can vary depending on the car brand, model, and the specifics of your situation. Every case is unique, and we’ll work to get the best outcome for you, including potentially reducing your out-of-pocket costs.

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