Simply put, if your vehicle does not conform to its warranty, the manufacturer must fix your vehicle.  However, you must first report the “non-conformity” to the manufacturer within 24 months (2 years) of the time it was originally delivered to a consumer.  This applies even if the actual repairs are made after this 24 month period expires.  It’s also important to note that if the same problem occurs again after the 24-month period, the lemon law still applies as long as the problem was first reported within the 24-month period.  There are strict deadlines for how and when a consumer must apply to resolve a lemon law claim.

Next, the lemon law has a very specific definition of “non-conformity”, meaning that not every problem or nuisance is a non-conformity.  Under the Florida lemon law, a “non-conformity” means a “defect or condition that substantially impairs the use, value, or safety of a motor vehicle”.  However, it does NOT include a defect or condition that results from an accident, abuse, neglect or some modifications or alterations.

If your vehicle has a “non-conformity” under this definition, the manufacturer or its dealers are allowed a reasonable number of attempts to fix your car.  The lemon law requires that if the same defect is not fixed after 3 attempts, you must give written notice to the manufacturer by registered or express mail and give them one last opportunity to fix it.  The car company must then respond within 10 days, and must fix it within 10 days after your deliver it to the repair facility.

Alternatively, you must notify the manufacturer if your car has been in the shop for service for a cumulative total of 15 days (excluding the time for routine maintenance).

The manufacturer is presumed to have been given a reasonable number of attempts to fix your car under the Florida lemon law if it has tried to fix the same defect 3 times, plus the final attempt after being formally notified, and has been unable to do so.  This same presumption arises under the Florida lemon law if your vehicle has been out of service a total of 30 days or more, including at least one attempt after being provided the formal 15-day notice.

There are two defenses that the car companies often use.  First, they may argue that the defect does not substantially impair the use, value or safety of the car.  What they are really saying is that the defect is a minor nuisance, and not very important.  Second, they may argue that the defect was not their fault, but was caused by an accident, abuse, or neglect.  Sometimes they argue that there were unauthorized modifications or alterations that created the defect; such unauthorized changes can void the warranty.

The post Florida Lemon Law appeared first on Helping Florida Consumers.

The first category of rebuilt wrecks includes those cases where the dealer sells it without disclosing its prior history.  For example, this can occur when you ask the dealer whether the car you are interested in was ever in an accident.  Unfortunately, some dealers will say that the car has not been in accident even when they know it is untrue, or if they simply don’t know the truth.  Other car dealers will claim that the car was only in a “minor” accident.  Either way, this can constitute fraud and violate several Florida consumer protection statutes.  In other cases, the car dealer knows the car you are looking at has been in a wreck and then rebuilt, but does not disclose that information to you.  If you ask, the car salesman may deflect the question and simply not answer it.  This failure to disclose an important fact can also be a violation of Florida law.  Shady dealers engage in this type of conduct in order to increase their profits.

The second category of rebuilt wrecks includes those cases where the dealer does disclose that the vehicle has been rebuilt.  I never recommend that a consumer buy a rebuilt wreck for many reasons.  Some of these reasons include:

• The repairs are often performed poorly, which can cause your vehicle to be dangerous.  A poorly repaired vehicle can lead to an accident, which can in turn cause serious injuries to you, your passengers, or to people in other cars.
• Rebuilt wrecks are often missing critical safety components. For example, the air bag system may have been disconnected or replaced with non-functional components. The vehicle structure often does not meet the manufacturer’s specifications. Important safety systems – such as your steering system or brakes – may not be fully and properly operational.
• Rebuilt wrecks are often difficult to insure.  In fact, some insurance companies simply refuse to provide insurance policies for cars that have been rebuilt.
• Your vehicle rarely has any value when it comes time for you to sell it or trade it in.

Simply put, don’t buy a rebuilt wreck.  It’s just not worth the risk.

The post Dangers of Buying a Rebuilt Car appeared first on Helping Florida Consumers.

Type of Case:  Auto Fraud

Case Outcome:  Clients received a full refund of all money paid to the dealer

Our clients purchased a used car from a car dealership.  Shortly after the sale, they experienced multiple problems with the car that had not been disclosed.  After trying to handle their situation on their own with no success, they retained our firm.  We filed a lawsuit against the dealership and its owner, suing for Fraud and Misrepresentation, Violation of the Florida Deceptive and Unfair Trade Practices Act, Breach of Express Warranty, Breach of Implied Warranties, and other counts.

We were able to file this auto fraud lawsuit against the dealership even though it claimed that the car had been sold “as is” and without a warranty.  Our knowledge of state and federal consumer protection laws, and our experience in representing consumers ripped off by car dealers paid off:  we were able to settle this case before the first court hearing, with our clients receiving a full refund of all the money they had paid to the dealer, as well as full reimbursement of all their attorney fees.  While each case is different, one thing stays the same: Taras will personally work on your case from beginning to end.

Here are some tips on things you can do to help protect yourself when you buy a used car:

• Have it inspected by an independent mechanic – this can save you large amounts of money down the road.  If the dealership won’t let you take it to your own mechanic, walk – no, run – away from that dealer.  An honest dealer shouldn’t object to this.
• If you are financing the car, try to find a lender before you go to the car dealership – this can result in significant savings in the financing.  It can also reduce the risk of the dealer taking advantage of you.
• Take the car on a thorough test drive, including on city streets and on the highway.  Some problems only surface at highway speeds, and if you don’t test it at those speeds, you may not discover the problem until it’s too late.
• Review the documents, CAREFULLY.  If you see charges you did not agree to, ask about them.  If you are not satisfied with the explanation, don’t agree to them, and don’t sign the documents.  Make sure you review the front and back of each document.  It never ceases to amaze me how the dealers try to deprive you of your rights, often using the fine print on the back of the documents.
• Always try to insist on some written warranty, even if it’s a short one.  This means don’t buy the car “as is”.  Not only does a written warranty provide you with some protection, it also provides with you very important legal rights in other important areas that most people don’t even realize exist.
• If the dealer promises to repair something, or do something, get it in writing.  Otherwise, if it’s never done, it will be just your word against their word.
• Get copies of EVERY document you review and sign, including the front and back of each form.  Sometimes the outcome of a case can depend on having copies of documents the dealership later claims don’t exist.
• And, last but definitely not least:  don’t agree to arbitration.  Dealers like to throw this in their forms, since most people don’t understand it.  An arbitration provision can effectively deprive you of your most important legal rights, and can prevent you from going to court, even if the dealer admits they cheated you.

Even if you signed an “as is” clause you may still have a case.  The dealer in the case describe above had an “as is” clause in its documents, but we were still able to achieve justice for our clients.

The post Lawsuit Against Local Car Dealer Results in Justice for Consumers appeared first on Helping Florida Consumers.

Millions of consumers have given up their right to have a court resolve any disputes, along with the protections provided by the court.  Instead, the big business gets to choose the arbitrator.  Often, big businesses chose arbitrators that had previously given them what they wanted in such cases.  Simply put, the deck is stacked against consumers in those cases, no matter what the facts are and no matter what the law says.  Once big business wins in arbitration, it is generally very difficult for a court to set that win aside.

The post Losing Your Rights in Arbitration appeared first on Helping Florida Consumers.

The first question that arises is whether your finance company even has the right to repo the vehicle.  Generally, the lender can repossess the vehicle if you are in default.  Default occurs when you have violated certain important terms of your financing contract.  Default can occur not only when you fall behind on payments, but can also occur for other reasons.  Many contracts also define default as having occurred when the vehicle is damaged and not repaired, when the insurance on the vehicle lapses, when the vehicle is impounded, and if you file for bankruptcy.  Your contract may also have additional or different definitions for what triggers a “default”.

Some consumers believe that turning in a vehicle voluntarily means that it was never repossessed.  Unfortunately, even a voluntary surrender of the vehicle is usually classified as a repo.  However, there may be certain advantages to a voluntary repo: you can avoid towing charges and certain other fees that the finance company ordinarily tries to recover later, and you may be able to control when and where the vehicle is turned in.  That way, you do not have to worry about your personal belongings that were left in the vehicle at the time of the repo, since they often mysteriously “disappear” during a night-time repo.

Contrary to what is sometimes shown on television, the repo man (or repo woman) cannot repossess your vehicle if it would involve a “breach of the peace“.  Obviously, injuring you physically qualifies as a breach of the peace.  However, other circumstances can also create a breach of the peace, such as breaking into your garage, damaging your fence or gate to get access to the vehicle, and even threats of bodily harm.  Remember, the lender or finance company who hired the repo man is usually responsible for all of their actions during the repossession.

Ordinarily, you will receive at least one (and possibly many more) notices of default before your vehicle is repossessed.  However, you are also entitled to receive additional notices.  For example, you are entitled to receive notice of when, where and how your reposssessed vehicle will be sold.  After the sale, you are entitled to an accounting.  This means that the lender must itemize how much you owed before the sale, how much they received for the sale, an itemization of the fees and costs associated with the sale, and the amount you still owe following all that.  This is normally referred to as the post-sale notice of deficiency.

If the finance company files a lawsuit in Florida seeking to recover for a deficiency, they have to comply with all the applicable Florida laws and court rules for a debt collection action.  They also have to comply with the laws that contain additional safeguards for the consumer.  For example, if properly challenged, they must prove that every aspect of the sale of your repossessed vehicle was “commercially reasonable“.  This may be difficult for the lender to prove if they do not bring the correct witnesses and documents to the trial.

Unfortunately, we know of numerous instances where the lender or the repo agent failed to follow Florida law in repossessing the vehicle, and then later when suing on a deficiency.

You can help protect your rights by keeping copies of all documents you receive relating to the vehicle and its repossession.  It is also important to save all the envelopes used to mail you your notices.  Finally, keep detailed notes about all aspects of the repossession, including every person you spoke with, and the date and time of those conversations.

The post Vehicle Repossessions: Overview of Your Rights appeared first on Helping Florida Consumers.

After retaining us, our investigation revealed that our client had numerous claims against the car dealership.  We filed our Complaint with claims for:  Revocation of Acceptance, Fraud and Misrepresentation, Violation of the Florida Deceptive and Unfair Trade Practices Act and others.  Shortly after we filed our lawsuit, the dealership agreed to a settlement that included numerous provisions in our client’s favor, including a full refund to our client for her deposit and all court costs.

If a new or used car dealer has unfairly taken advantage of you – either in misrepresenting the condition of the car or in the vehicle financing or other paperwork – the law may provide you with certain remedies.

The post Obtaining Justice in Used Car Deal appeared first on Helping Florida Consumers.

When we sued the dealer, much of its defense focused on the fact that our client had signed an “As Is” clause when buying the car. However, we argued that the “As-Is” provision in the contract did not allow the dealer to avoid liability for any misrepresentations the dealer made in order to get our client to sign the contract. We defended our client’s rights vigorously, and argued that our client should get all his money back, and the dealer should be forced to take the car back. We were able to undo the deal, forcing the dealer to take back the vehicle and refund our client’s money.

So, remember that you have legal rights that you can enforce when you buy a car, even if you signed an “as is” disclaimer.

The post A Case of the As-Is Clause and Florida Lemon Laws on Auto Fraud appeared first on Helping Florida Consumers.

• Odometer rollback – this is when a dealer or other person intentionally rolls back the odometer mileage, usually to inflate the price of the car or to claim that it is still subject to a manufacturer’s warranty.
• Rebuilt wrecks – these are cars that have been involved in a serious crash that may have caused the insurance company to “total” them, but are then rebuilt and sold without any disclosure of the pre-existing damage.  These cars can be a significant hazard not only to the consumer buying the car, but also to other motorist who can be affected when the rebuilt wreck loses control on the road.  Please note that CarFax will not always disclose all prior wrecks, and some dealers use this to their advantage.
• Faulty repairs – this covers repairs that were not performed properly, as well as repairs that were never performed at all.
• Deceptive sales techniques – this type of deception can cause a buyer to believe he or she is purchasing a car when in reality they are leasing it, or misrepresents the condition or price of the car, or other aspects of the sales or financing process.
• Failure to comply with title laws – some dealers try to hide prior ownership history or mileage disclosures by obtaining new titles that no longer show the history they are trying to hide.  Other dealers take salvage cars to states having lax titling laws, rebuild them, and get a new title that no longer lists the car as being a salvage car.
• Service contracts – some service contracts are virtually useless, because the company frequently denies coverage, often blaming the consumer.  Of course, both the dealership and the service contract provider make a handsome profit from selling this service contract.  The consumer thought they were buying peace-of-mind, when they were really buying a headache.
• Warranty – some manufacturers or dealers fail to honor their warranties, often claiming the vehicle was not properly maintained, or was abused.  In many cases, there is no evidence to support such a claim, but it doesn’t stop unscrupulous dealers from rejecting warranty claims for those reasons.
• Yo-yo sales – this is when the dealer tells you the sale is final and lets you take the car home.  Then, after you have taken the car home and showed it to your family and friends, the dealer tells you the financing fell through, and demands additional money.  Of course, if you try asking for the return of your trade-in, they tell you it’s gone.

My background as a former automotive engineer and expert witness allows me to help consumers in these and other types of auto fraud cases.

The post Examples of Auto Fraud Cases appeared first on Helping Florida Consumers.

In one of our cases, our clients purchased a used vehicle from a local buy-here-pay-here car lot.  Later, when they took the car in for service to a mechanic, they discovered that the car had previously had service work done at a higher odometer mileage.   This meant that the odometer had been rolled back before they bought the car.

We were able to negotiate a quick settlement on behalf of our clients, who were able to return the car, void the contract, and recover their incidental and consequential damages.

The post Odometer Rollback Case appeared first on Helping Florida Consumers.

A default judgment can be rendered when the person defending a lawsuit fails to show up when summoned to court.  Just believing you don’t owe the debt is not enough – you must show up in court, either personally or through an attorney.  If you don’t, you may waive your right to defend against the lawsuit.  If a default judgment is entered, the other side essentially wins.  That often means the get everything they asked for, even if those charges are not appropriate or authorized.  That could mean additional charges for interest and the attorney fees for their lawyers.

However, a default judgment does not necessarily mean you have no alternatives.  If the judgment was entered within the past year, you may be able to get relief from the judgment for reasons of mistake, inadvertence, surprise, excusable neglect, fraud, misrepresentation, or other reasons.  There are other possible ways to set aside the judgment if they are properly brought to the court’s attention within a reasonable time, including a void judgment, satisfaction or release, or that the judgment has been discharged.  These reasons must be set forth in a motion asking the court to set aside the judgment pursuant to Florida law.

In addition, a judgment could be void if the person against whom judgment was entered was unaware of the litigation.  This is not all that rare, thanks to what we call “sewer service“.  This occurs when the process server does not actually deliver the lawsuit papers to the person being sued, but instead throws them into the sewer or otherwise gets rid of them.

If you were not properly notified of the lawsuit against you, your constitutional rights to due process may have been violated.  This may be another basis for setting aside a judgment.

The post What to do When You Face a Default Judgment appeared first on Helping Florida Consumers.