The Law Office of Brett Blau filed a lawsuit against Florida lemon lawyers on behalf of three individual consumers and two groups who were injured by defective stores that failed to perform services.
The “florida lemon law statute” is a law that protects consumers from purchasing defective products.
(As of January 24, 2018)
Consumers may sue manufacturers or merchants for items that do not live up to their warranties under warranty law, sometimes known as “lemon law.” The word “lemon law” comes from the slang term “lemon,” which refers to a defective goods or a dud.
Cars, RVs, boats, and mobile homes are the most typical objects at the focus of lemon law disputes.
The Magnuson-Moss Warranty Act of 1975, which aims to protect customers from false or misleading advertising, clarify guarantees, and reinforce warranties by requiring firms to maintain them, is the cornerstone of this kind of action.
Cars, RVs, boats, and mobile homes are the most typical objects at the focus of lemon law disputes. Defective certified pre-owned automobiles are often the subject of litigation, notably from the manufacturers listed below:
- Mercedes
- Lexus
- BMW
- Infinity
- Lincoln
- Cadillac
- Jaguar
- Acura
The legislation, however, covers practically every consumer goods with a warranty that costs more than $10.00. (Note that the Magnuson-Moss Act only covers physical items; it does not include services.) Electronics, appliances, HVAC systems, and exercise equipment are all examples of home things that qualify.
The majority of lemon law cases include a rejection of warranty service, three or more failed repair efforts, and/or a product that has been out of operation for 30 days or more owing to repair attempts. There are, however, several exceptions to these rules.
Please contact us for a free, no-obligation consultation if you believe you may have a lemon law case. A victorious plaintiff may collect legal expenses under the Magnuson-Moss Act, which implies a person may file a breach of warranty action for free.
The Magnuson-Moss Warranty Act is a federal law that protects consumers against defective products (or Federal Lemon Law)
Senator Warren G. Magnuson (D – WA), U.S. Representative John E. Moss (D – CA), and Senator Frank Moss (D – UT) supported the Magnuson-Moss Warranty Act (MMWA), also known as the Federal Lemon Law. In 1975, Congress passed the statute in response to firms’ widespread abuse of warranties and disclaimers.
The MMWA is a warranty enforcement Act that empowers a customer to sue a warrantor or manufacturer if they fail to fulfill their warranty obligations. Importantly, the Act does not compel a manufacturer to issue a guarantee for a product; rather, it simply requires the manufacturer to honor the warranties it has already written.
The Magnuson-Moss Warranty Act is usually brought in state or federal court.
Requirements
Warrantors must explain the warranty’s terms and conditions in simple, clear, and easy-to-understand language under the MMWA. There can’t be any ambiguity or obscurity in the terminology.
In order for the guarantee to take effect, the warranty cannot include “tie-in sales” conditions, which require the buyer to purchase additional items or services from the same company.
If the warranty is full, the warrantor commits to fix the goods for free in a reasonable length of time. If they are unable to fix the goods, they must either provide a complete refund or replace the product at no cost to the customer.
A warranty cannot compel a customer to purchase additional items or services from the same firm in order for it to be valid.
Consumers cannot be required to take any action other than returning the item to the store where it was purchased. In simple terms, a comprehensive warranty requires the warrantor to repair or replace a damaged product within a reasonable length of time, at no cost to the customer, and with little inconvenience.
Limitations
The MMWA only applies to commodities and not services. It only applies to written guarantees, not oral warranties or agreements reached over the phone. It also does not repeal or limit the Federal Trade Commission Act (FTCA), nor does it repeal or restrict other federal laws or comparable state laws.
The MMWA is also not applicable in the following circumstances:
- While in the consumer’s custody, the item in issue was damaged.
- The item was not utilized correctly or in the manner intended by the manufacturer.
- The product was not properly cared for or maintained by the customer.
A consumer must retain and present any necessary receipts/invoices and repair orders as evidence of breach of warranty in order to initiate a case.
Recoveries
A successful plaintiff is entitled to seek attorney’s fees from the warrantor under the Magnuson-Moss Act. This implies that a customer may file a breach of warranty action without having to pay for an attorney, who can then collect fees and expenses from the opposing party.
Additionally, a winning customer is often given the product’s “diminished value,” which is the monetary difference between the product’s claimed value and the actual value obtained.
In certain situations, a customer may also be able to claim incidental or consequential damages as a consequence of the warranty violation. The following are examples of possible damages:
- Wages that have been lost
- The product is no longer usable.
- Replacement transportation costs, such as car rentals or taxi charges
- Other expenditures incurred as a result of the product’s flaws
While a buyback is occasionally possible if the product’s direct seller provides a guarantee, under the Magnuson Moss Warranty Act, a manufacturer who does not sell the goods directly to a customer is not normally compelled to repurchase the item.
Lemon Law in Florida
As you may assume, state lemon laws differ from one another. The Lemon Law in Florida is a legislation that only applies to specific kinds of new automobiles for a short time. Cases under Florida’s Lemon Law are settled via binding arbitration with the State Attorney General’s Office, save in extremely rare and very particular circumstances.
The Lemon Law in Florida is a legislation that only applies to specific kinds of new automobiles for a short time.
Unlike the MMWA, customers in Florida’s lemon law arbitration have just one option: a refund or replacement of the damaged car. (Attorney’s fees are not recoverable under Florida’s Lemon Law.) As a result, if a customer wants to employ an attorney, he or she will be responsible for paying their own legal bills.
A customer may also be liable for the negative equity of the car they traded in at the time of purchase, as well as a statutory offset for the faulty vehicle’s usage.
As a result, rather of obtaining a reimbursement for the damaged car, a lemon law refund or replacement may force a customer to pay the warrantor to balance his or her usage of the vehicle (negative equity).
The Best Lemon Law Firm in the United States
You may have a lemon law case if you bought a warrantied product that turned out to be broken or faulty, and the maker or merchant refused to honor the guarantee.
Morgan & Morgan is one of the country’s biggest consumer protection businesses. We are one of the few firms with the capacity to take on huge corporations, with over 300 attorneys and a support team of over 1,500 individuals. We’ve earned more than $5 billion for our clients thus far.
For a no-cost, no-obligation consultation, contact us now.
Watch This Video-
A “florida lemon law time limit” is a legal term that refers to the time period of a warranty. The Florida Lemon Law states that you have one year to bring a breach of warranty lawsuit.
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