What Defects are Covered by the Lemon Law?

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The Lemon Law addresses two different kinds of flaws. Each is classified according to how dangerous a flaw is and how it impacts the car's dependability, worth, and overall safety.

The Lemon Law addresses two different kinds of flaws. Each is classified according to how dangerous a flaw is and how it impacts the car's dependability, worth, and overall safety.

Nonconformity

A "nonconformity" is a flaw that "substantially impairs" a motor vehicle's use, value, or safety, rendering it unreliable, unsafe for regular use, or having a lower resale value than equivalent vehicles.

Critical safety error

A "serious safety defect" is a potentially fatal flaw that makes it difficult for the driver to control or operate the car and increases the risk of a fire or explosion.

Claim types covered by the lemon law

A consumer may establish one of the following four types of claims at the arbitration hearing, which will compel the manufacturer to buy back or replace a new motor vehicle:

1. Unrepaired nonconformity

A "nonconformity" that is protected by a manufacturer's warranty in which

Four or more times, including at least once during the manufacturer's written warranty period and the "eligibility period" have the nonconformity been subject to diagnosis or repair.

The nonconformity is still present.

The customer requested in writing that the manufacturer repurchase or replace the vehicle.

Within 40 days, the manufacturer either did not reply or did not resolve the issue with the customer.

2. Serious unrepaired safety defect

A "serious safety defect" that falls under the manufacturer's warranty occurs when:

At least twice during the "eligibility period" and at least once during the duration of the manufacturer's written warranty, the "serious safety defect" has been subject to diagnosis or repair.

The significant safety flaw is still present.

The manufacturer received a written request from the customer asking for a refund or replacement of the car, but either failed to respond or failed to come to an agreement with the customer within 40 days.

3. Numerous critical safety defects

Multiple "serious safety defects" covered by the manufacturer's warranty, whether or not they have been fixed:

Occur within a calendar year of the first two years and the first 24,000 miles.

Every "serious safety defect" has been subject to diagnosis or repair at least once while covered by the written warranty provided by the relevant manufacturer.

The customer requested in writing that the manufacturer repurchase or replace the vehicle.

Within 40 days, the manufacturer either did not reply or did not resolve the issue with the customer.

4. Days off from work

Days spent out of service trying to diagnose or fix one or more "serious safety defects" or "nonconformities." Due to diagnosis or maintenance, the vehicle has been out of service:

30 or more calendar days added up cumulatively.

Both the "eligibility period" and the duration of the manufacturer's written warranty lasted at least 15 days.

The customer requested in writing that the manufacturer repurchase or replace the vehicle.

Within 40 days, the manufacturer did not respond or attempt to resolve the issue with the customer.

To sum it up

If you want to win your Lemon case get an experienced lawyer from Allen Stewart.

Andrew Richardson is the author of this Article. To know more about Florida odometer disclosure please visit our website: allenstewart.com

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