Lemon Law proved anything but sour in Florida

For those who are fortunate in having the option of making new car purchases, there is a particular feeling of joy in new car ownership. Unfortunately, for others, this feeling may become short-lived, as problems with newly purchased vehicles begin to emerge. For those of you who are experiencing the latter, there is hope in finding resolve.

The following is a recount of my personal experience of a new car purchase, and the steps taken to remedy an unfavorable situation. I would like to first preface by stating that all research, correspondence, and negotiations were performed without any legal representation; the only tools being persistence and common sense. For the sake of anonymity, the name of the dealership will be omitted.

Approximately one month after purchase in September of 2007, a “Check Engine Light” had initially appeared. After several visits to the service facility (five documented occasions), I was advised by the service manager to contact the Consumer Assistance Center, as the service facility had exhausted all avenues in resolving the issue.

Shortly after contacting the Consumer Assistance Center in writing, I received a response for one last attempt to have service facility find resolve. After being advised from service that there was nothing further that could be done, I contacted Consumer’s again, and yet again received another response, this time offering a minimal monetary compensation for my inconvenience. Due to my frustration and lack of confidence in the product, I was reluctant in accepting the offer, and declined in writing.

It was from this point where several attempts were made by the factory to negotiate an offer. Finally, in July of 2008, it was agreed by both parties (myself and the factory) to make an exchange in collateral; meaning an exchange was made to replace the 2007 vehicle with a brand new 2008 vehicle, with the stipulation of a mileage charges allowed by the lemon law. I am currently driving the replacement 2008 vehicle, with no reported issues.

As each incident is unique for lemon law claims, and each state is unique, there are a few general guidelines listed below that will hopefully assist in resolving issues. Please be advised that the below suggestions are for new car purchases only, and may be different for used car purchases.

Lemon Law Statutes: As each state carries specific guidelines in reference to the lemon law, ensure that you review those statutes specific to your state. There are a plethora of web sites on lemon laws. I have found http://www.yourlemonlawrights.com/ to be a great help.

Timeliness: As soon as the issue is identified, time is of the essence in having the car inspected by the manufacturer or its authorized service agent. In the state of Florida, the consumer has 24 months from the time of purchase to report the issue. The manufacturer or service agent, in turn, has up to three attempts to resolve the same reoccurring issue.

Documentation: Be sure to retain all receipts of each occurrence the vehicle was serviced. Be sure that all pertinent information is included in the documentation, such as correct dates, times, and mileage.

Correspondence: After three attempts have been made by the service facility to repair, the consumer shall notify the manufacturer of the need to repair: either by express or registered mail. The state of Florida requires a ten day reply from the manufacturer. If the manufacturer cannot correct or repair the vehicle, the manufacturer shall either repurchase or exchange the vehicle.

Persistence is key: From the guidelines mentioned, the most important is to remain persistent in taking necessary action. The lemon law protects you as a consumer, and can prove successful in resolving issues with your purchase, if the process is properly executed.

One last note, if you prefer to seek legal council, some states require to follow the manufacture's process first before seeking legal advice. Please refer to your lemon law guide (this was given at the time of vehicle purchase) to review procedures. From my personal experience, I found the manufacturer to be very cooperative and professional. I am hoping this will be the same for you.