News from Gallagher & Associates Law Firm, P.A.

Rising gas prices have many of us rethinking if it is really worth keeping our beloved SUV, Truck, Sports Car, or Land Yacht. With each tank full of gas, my love for my auto diminishes along with the funds in my checking account. As a result, many of us have begun to look at other vehicles with envious eyes. Size is no longer the number one priority. Today, everyone focuses on how far you can go on a tank of gas. I was amazed the other evening to discover a group of guys (myself being one of them) ogling an electric golf car as if were some sort of high octane performance machine. In all fairness, it was a really cool golf car.
But, what if you're one of those people who converted early and recently purchased a "green" vehicle? Do you have any recourse when you discover a major design defect that was missed by the manufacturer? Aware of the hardship defective vehicles can cause to Florida's consumers, the Florida legislature enacted the "Motor Vehicle Warranty Enforcement Act." Commonly referred to as the "Lemon Law," the Act's intent is to provide consumers with timely relief when they purchase defective vehicles. Consumers who purchase vehicles covered under the Lemon Law are protected by the Law for two years after the purchase of the vehicle. The Law protects against "Nonconformities" which are defects or conditions that substantially impair the use, value, or safety of a vehicle. When a consumer discovers a defect with a vehicle and the consumer reports the problem to the manufacturer or its authorized service agent, the manufacturer or its authorized service agent must fix the discovered defect. The repair will be free of charge if it is made during the term of the manufacturer's written express warranty. Otherwise, the consumer will be responsible for the cost of the repair. Each time a vehicle is brought in for examination or repair under the warranty, the manufacturer must provide the consumer with a fully itemized, legible statement or repair order indicating any test drive performed and the approximate length of the test drive, any diagnosis made, and all work performed on the vehicle including, but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the vehicle was brought in, and the date when the examination or repair was completed.
If the defect continues to persist after the manufacturer or its authorized service agent has made three attempts to repair the defect, certain steps must be taken by both the consumer and the manufacturer under the Lemon Law. If the manufacture fails to meet any of its obligations or repair the defect, then the Lemon Law no longer requires the consumer to give the manufacturer a final opportunity to repair the defect.
The Lemon Law also applies when a covered vehicle is brought to the manufacturer for repairs and is out of service for a cumulative total of 15 days or more. This gives some recourse to consumers who have not yet given the manufacturer three attempts to fix a defect. If repairs have not been made after the vehicle has been out of service for a cumulative total of 15 or more days, the consumer must notify the manufacturer in the same manner previously explained and give the manufacturer or its authorized service agent an opportunity to inspect and repair the vehicle. Your right under the Lemon Law cannot be waived or limited by any subsequent agreement. If you believe there is a violation of the Lemon Law, you have one year after the expiration of the Lemon Law rights period to commence an action. So as you search for that new vehicle, rest assured you are protected against any serious defects that would impair the vehicle's use, value, and safety. So go ahead. Go "green" and start saving money at the pump. Get yourself a "Green" vehicle.