The Florida Lemon Law Vehicle Buybacks and Seller Disclosures
The Florida lemon law requires the manufacturer to repurchase or replace the Florida lemon vehicle if the manufacturer or its authorized service agent has failed to conform the motor vehicle to its warranty by repairing or correcting any nonconformity after a reasonable number of attempts. Under the Florida’s lemon law, dealers are not liable for the repurchase of the Florida lemon vehicles. The Attorney General of the State of Florida requires the manufacturer to disclose the status of the florida lemon law buy back if he sells it to a new purchaser.
A nonconformity is defined as a defect or condition that substantially impairs the use, value or safety of a motor vehicle and it does not include a defect or condition that results from an accident, abuse, neglect, modification, or alteration by persons other than the manufacturer or its authorized service agent.
The manufacturer who accepts the return of a motor vehicle by reason of a settlement, determination or decision pursuant to the Florida lemon law claim:
* Shall notify the Department of Legal Affairs and report the vehicle identification number (VIN) of the Florida lemon law buy back within 10 days after such acceptance
* Shall not knowingly lease, sell at wholesale or retail, or transfer a title to the Florida lemon law buy back within the state or outside it, unless the nature of the nonconformity is clearly and conspicuously disclosed to the prospective transferee, lessee, or buyer of the Florida lemon law buy back
If the manufacturer sells the Florida lemon law buy back at wholesale or retail, or transfers a title to a buyer:
* He should warrant to correct the nonconformity of the said Florida lemon law buy back for a term of one year or 12,000 miles, whichever occurs first
* The Department of Legal Affairs shall prescribe by rule the form, content and procedure pertaining to such a disclosure statement on the Florida lemon law buy back
* Florida Administrative Code Rule 2-33 adopts the disclosure form to be used by manufacturers to notify the Department of Legal Affairs of the acquisition and transfer of the Florida lemon law buy backs
* The form must remain with the Florida lemon law buy back until it is sold or leased to a consumer
* The buyer of the Florida lemon law buy back must sign the form and the seller must give a copy to the buyer and send a copy to the Department of Legal Affairs
Title branding of the Florida lemon law buy back:
Nonconforming vehicles that were repurchased by a manufacturer pursuant to a settlement, determination, or decision under the Florida lemon law:
* May not be knowingly offered for sale until the vehicle’s certificate of title, or its duplicate is conspicuously stamped with the words “Manufacturer’s Buy Back” to reflect that the vehicle is a nonconforming vehicle
* Should be followed by seller disclosures in writing to the purchaser, customer, or transferee, prior to sale, the fact that the vehicle is a nonconforming vehicle
Any person offering for sale or exchange a Florida lemon law buy back and knowingly or intentionally advertises, publishes, or disseminates, circulates, or places before the public in any communication’s medium, whether directly or indirectly shall clearly and precisely state in each offer that the vehicle is a nonconforming vehicle.
* In Florida, manufacturers are required to give consumers of the Florida lemon law buy backs a 12 month/12,000 mile warranty covering the same nonconformity that is reacquired under the Florida lemon law
* If the consumers of these Florida lemon law buy backs are not getting the required disclosure it is apparent that that they also are not receiving the required warranty coverage for these Florida lemon law buy backs
The Florida lemon law is not the only remedy for your Florida lemon law buy back
While the Florida lemon law is available for the Florida lemon law protection with your Florida lemon law buy back you also have other remedies. One of them is the federal law, the most notable Magnuson-Moss Warranty Act. You may have been a victim of unfair or deceptive trade practices. You may be entitled to damages separate and apart from those defined in the Florida lemon law.
The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Florida lemon law attorneys to reach Krohn & Moss for your FREE initial consultation.
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