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    Lemon Law Cases: Hiring an Efficient Lawyer Can Make the Difference

    Buying a car can be an exciting experience, but it can often become very confusing for people who may not know much about the related laws and regulations. In some cases, a new vehicle starts performing poorly or breaking down when it should not. This is the point at which the lemon law comes into the picture. It intends to protect consumers who unwittingly purchase defective cars, trucks, motorcycles, other vehicles, and other consumer goods.

    Every day, millions of people deal with machine and vehicle issues. Vehicles across the nation regularly do not work as intended, and there are many reasons for why this could occur. While some vehicles require simple repairs and other cars and trucks simply need to undergo routine maintenance, some vehicles work improperly due to misuse or abuse. Car and truck accidents are also a major reason why vehicles do not function correctly.

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    What Is the Lemon Law?

    Lemon laws aim to provide relief to motor vehicle buyers who purchase vehicles that fail to meet industry standards. When a car’s quality and performance do not match industry standards, the lemon law can give you justice.

    Many people end up purchasing cars of questionable quality and lose a hefty amount of money in pursuit of repairs. To avoid unnecessary and costly car repairs in Florida, it is important to know how the lemon law can help car buyers like you. Be sure to know about your state’s lemon law so that you can avoid burning a hole in your pocket for costly car repairs.


    According to the lemon law, as a car buyer, you have the right to complain about the defective product and seeking a refund for it. In most cases, the car seller and manufacturer will first have a chance to rectify the issues. If they do not cooperate and offer a satisfactory solution legal action can be taken. Talking to a Florida lemon law attorney can be a great help in such cases.

    How Does the Lemon Law Work in Florida?

    Florida’s lemon law cannot be applied to all defective car purchases or related cases. If you have purchased a car or any other consumer good that performed well at first and then began experiencing issues, you must first get it checked thoroughly at a reputable center. If the product is under warranty, the company should cover many issues during this time period and perform all necessary repairs. However, if the problem persists and the seller cannot rectify the issue, here are some things that federal law requires for a buyer to take legal action:

    • The manufacturer must try to repair the problem, not just once but multiple times.
    • The attempts to remedy the issue should have happened within two years of purchasing the product.
    • The vehicle or product was unable to be used for a period of time, such as a number of days per month.

    Now take a look at the requirements for the federal lemon law:

    • For any repair work, you should take the product only to the dealership. This is the only way you can seek recovery under the lemon law.
    • Retain all records that document every repair you have needed since you purchased the product. To get the benefits of the lemon law, it is necessary for you to prove that the manufacturer tried to fix the issue but was unable to do so.
    • Consult a law firm for lemon law actions that can provide vigorous representation. It is important to understand that all vehicle and other product manufacturers have legal teams beside them to stand for their rights, and they regularly handle lemon law claims. To contend with a court and the manufacturer’s lawyers, it is crucial for you to also hire a reputable attorney. Doing this can increase your chances of success.

    How Can You Benefit From the Florida Lemon Law?

    Products are unpredictable. One moment your car is working fine, and it is struggling the next. One second your appliances are functioning, and then they go up in flames. Every day, millions of people deal with machine and vehicle issues. 

    While it is common for vehicles and appliances to require regular maintenance for them to operate at their best, there are some circumstances in which the product never truly performs as it should. For example, your vehicle may have recurring problems despite bringing it in for repairs multiple times. These issues can range from big to small and it can be unpredictable when they may arise. Despite constant repairs, these issues may still persist. If you find that your vehicle is constantly malfunctioning or defective, you may have a case under the lemon law.

    Fortunately, there are legal protections in these cases under your local or federal automobile lemon law. The lemon law protections to which you may be entitled will vary by state and cover all types of defective products. It may cover everything from vehicles to appliances, to even computers, phones, and pets!


    An experienced legal professional will know all of the nuances of the law that applies in your particular situation. In addition, the top lemon law legal minds can help you quickly. The last thing you want is to be stuck with a malfunctioning product for a long time, on the hook for an endless stream of repairs and problems.

    Essential Things to Know About Lemon Laws

    If your vehicle is not working correctly, it can potentially affect all aspects of your life. You may struggle to get to work. You may suffer from costly expenses. You may have to reschedule important meetings and appointments. You may even have to rely on public transportation while your vehicle is in the shop. In Florida, lemon laws cover conditions, defects, and problems known as “nonconformities.”

    • Nonconformities generally impact the safety, usability, and value of your vehicle. However, you must report these issues within a specified time frame to take advantage of the state’s lemon law. In Florida, the consumer must report all nonconformities directly to the manufacturer or its authorized service agent. This agent is typically the vehicle’s dealer.
    • You have will have two years, or 24 months, after you receive the vehicle to report these nonconformities to the manufacturer. Thus, your vehicle must either be a new vehicle or a demonstrator vehicle. A demonstrator vehicle, or “demo” vehicle, is often used for test drives and worker commutes by dealership employees.
    • Even though a demo car may have thousands of miles on the odometer, the car is still considered new. This is because it is not registered with the state.
    • Once you have reported your defective new or demo car to the manufacturer, your manufacturer will have a “reasonable number of attempts” to repair the issues that arise.
    • When the defects are not repaired during that period despite multiple attempts, the manufacturer must repurchase the vehicle or provide a replacement vehicle. Lemon statutes do not cover any type of defects or damages connected to accidents, modifications, or abuses caused by the consumer.

    If you are wondering about the status of your vehicle, you should not delay. The longer you wait, the worse your chances of obtaining full and fair compensation become. Every state’s lemon statutes dictate that the manufacturer cover your lawyer fees. Your attorney will not take a percentage of your lemon law claim. Instead, your lawyer will typically seek recovery of fees separate from your awarded amount.

    When You Should Pursue a Lemon Law Claim?

    Again, your manufacturer has “a reasonable number of attempts” to fix your vehicle’s defects. If your manufacturer fails to correct your vehicle during this period, you should begin your claim. Under the Florida laws, your manufacturer must meet a specific set of criteria. If the manufacturer exceeds a specified period for remedying your car’s defects, you have a viable claim.

    There are two main requirements you need to meet before you can pursue relief under the lemon laws:

    (1) If you have taken your vehicle to the service agent on at least three occasions for the same issue, you likely have a viable claim. At this point, you must deliver a written notification by mail to the manufacturer. The manufacturer is then granted a final opportunity to repair the vehicle.

    The manufacturer is allotted 10 days to tell you where to take your vehicle for repairs. If your vehicle is not repaired within 10 days of delivery to the service agent, you may pursue your claim. The second basis for a lemon law claims in Florida is the number of days your vehicle spends in repair.

    (2) In some cases, your car or truck is in and out of repair for 15 or more cumulative days. These days do not have to be consecutive. After 15 or more cumulative days, you must again provide a written notification to your vehicle’s manufacturer by mail.

    Once the manufacturer receives the notification, the manufacturer or an authorized service agent has at least one more opportunity to resolve the issue. If your vehicle is out of service for at least 30 days, you become eligible for a purchase price refund or replacement vehicle.

    To consult an experienced lemon law attorney, contact Berke Law Firm, P.A., and begin your claim. You deserve to get a product that works properly. If this does not happen, you must get your money back or a new vehicle. Book your consultation to discuss your concerns with our experienced legal team!


    Your Attorney

    Bill B. Berke

    Mr. Berke is an experienced attorney based in Southwest Florida. He received his Bachelor of Science in Business Degree from Indiana University in 1982 and his Juris Doctor Degree from the University of Florida in 1985. Since 1986, he has been running his own law firm, Berke Law Firm, P.A., exclusively representing injured individuals. He is admitted to practice in various courts, including the Supreme Court of the United States. Mr. Berke specializes in workers' compensation, social security disability, defective drug/device litigation, employment law, and overtime claims. He is actively involved in professional associations and community organizations, advocating for the rights of employees and claimants.

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