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Florida Lemon Law Questions & Answers
1 Answer | Asked in Lemon Law for Florida on
Q: Can my ex boyfriend move out of state while a Paternity action is pending?

Child Custody question:

I served my ex boyfriend with a petition to establish paternity and child support on 3/1/20 in Florida. He just filed his answer on 4/3/20 and in his answer he has a CT address listed as his current address, and he has his income listed at $0. He was working when he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

Yes, of course he can leave the state if he wants to. Presumably you are not asking if he can take the child; he can't without court permission. This will have to be resolved, hopefully between the two of you in the shared custody plan, or, if not, by the judge.

1 Answer | Asked in Civil Litigation, Contracts, Lemon Law and Small Claims for Florida on
Q: A month ago I attempted to purchase a vehicle. Gave a $2000 down payment and was told I was approved but yet no contract

2 days after taking vehicle home, found out it needed a transmission. My salesman literally blocked me and my family from contacting him. So i filed a complaint with the Department of Motor Vehicles. 30 days later, expired tag, car doesn't move

Charles M.  Baron
Charles M. Baron answered on Sep 24, 2019

You didn't ask a question, but I suppose you are asking, "Can I take legal action against the dealer?" In your situation, you can't get a quick answer on-line. You must sit down with an attorney who will review all your documents related to the transaction and discuss the details of the... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Lemon Law for Florida on
Q: hi how to seize property where it was a public accomdation in regards to a housing discrimination
Charles M.  Baron
Charles M. Baron answered on Jan 14, 2019

Your inquiry is far too vague. Don't know if you are trying to say you have a potential discrimination claim and wondering how you obtain compensation if you win, or you already pursued and prevailed on a claim, received a judgment in your favor, and are having trouble collecting on the judgment.

1 Answer | Asked in Lemon Law for Florida on
Q: Is there a certain amount of time a car needs to be at the shop being repaired to be considered a lemon?
Alex McClure
Alex McClure answered on Jul 1, 2018

There is more to the formula than just the time in the shop.

Consult a consumer attorney for further guidance on your specific case.

1 Answer | Asked in Lemon Law for Florida on
Q: Hello! In 2015 I financed a car and within the past month, I'd had tons of trouble with the car.

It is a 2015 Toyota Corolla and have taken it to the Toyota dealership about 3 times already and they told me it was a manufacturer problem and they won't do anything about it. A friend told me about the 'lemon law' and I wanted to know if it applies to my situation.

Alex McClure
Alex McClure answered on Jul 1, 2018

lemon law applies to new vehicles only purchased off the dealer lot.

If you bought the car in 2015 and the trouble just started, its unlikely that you can proceed under lemon law. Its also unclear what the problem is and why they wont fix it.

You might want to speak with a...
Read more »

1 Answer | Asked in Lemon Law for Florida on
Q: Bought a car in Georgia but live in Florida -- which lemon law applies here? Are there big differences?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 1, 2018

I believe the Georgia law would apply. It is doubtful if you could even sue in Florida, depending on whether the dealer does business in Florida.

1 Answer | Asked in Lemon Law, Contracts and Landlord - Tenant for Florida on
Q: What is the lemon law
Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 20, 2018

There is no way to explain the in's and out's of the Florida Lemon law via this type of forum. You can google the Florida statutes. I suggest that you consult with an attorney in your area about your specific set of facts to get specific advice on whether your situation falls under the Florida... Read more »

1 Answer | Asked in Lemon Law for Florida on
Q: I'm renting to own, but the car is horrible - what can I do?
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 6, 2018

Find another car and rent THAT one to own?

1 Answer | Asked in Civil Litigation, Consumer Law and Lemon Law for Florida on
Q: I have just recently purchased a vehicle from a local buy here pay here lot and I think Im getting screwed.

There are multiple factors to the situation: the car is not in proper functioning order as was promised, and my contract for financing is not for the price which was agreed upon with the salesperson(the amount is higher).

Alex McClure
Alex McClure answered on Mar 26, 2018

Did you actually sign the contract knowing this? You will want to carefully review your paperwork to see what, if any GUARANTEES were made in writing.

Florida's Lemon Law pertains to new vehicles only.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for Florida on
Q: purchase a truck pay in full,truck stop working 4hrs. Later dealer promise to pay repairs now they don’t answer me
Andy Wayne Williamson
Andy Wayne Williamson answered on Feb 24, 2018

No way to give an answer. Just not enough details.

Ie: was the truck new or used

Was it purchased as is or was there any type of warranty

You should consult with an attorney in your area to get a thorough evaluation.

1 Answer | Asked in Consumer Law and Lemon Law for Florida on
Q: Can you claim fraud when used car purchased as is breaks down after 18 hours of ownership

Craigslist AD and seller states “ good reliable vechicle” however started making noises and check engine light came on before I was able to drive it home. As is warranty was signed however this car was not in the shape that was described by dealer in his ad or verbal statements made to my... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Feb 22, 2018

No way to say here online. Best option is to consult with an attorney in your area to go over the facts and any paperwork in detail to determine if this is a case worth pursuing in court.

Good Luck

1 Answer | Asked in Civil Litigation, Consumer Law and Lemon Law for Florida on
Q: Federal consumer protection law question regarding possible violation of motor vehicle safety act.

If a consumer is aware of the law, what can they do about a car dealership selling them a new car that has an open recall on it that hasn't been repaired? The issue with the car in question is that the powertrain control module needs to be reprogrammed--the brain of the car needs to be... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 26, 2018

Have you asked the dealership to repair the defect?

1 Answer | Asked in Consumer Law, Contracts, Lemon Law and Small Claims for Florida on
Q: I purchased a car, my finance company doubled the balance of my loan via padding insurance premiums I had 2 lapses.

I purchased a vehicle at 22k, paid for 3

Years @ 405.00/month, after this time I tried to trade in and was still 15k underwater which I found out when trying to trade the car value was 7-8k, 102k miles, the finance co. Padded and doubled my loan balance due to insurance premiums they put on... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Dec 4, 2017

Your first step, is to consult with an attorney in your area to have all of the paperwork you signed related to the car purchase as well as in new information to determine if anything was done contrary to the contract.

1 Answer | Asked in Products Liability and Lemon Law for Florida on
Q: I purchased a used car a month and a half ago. The check engine lite is on and it leaks oil. Can I return it?

It is the same problem since I first got it home. I have returned to the dealer 9time as of yesterday. I have asked him to change the car or return my money,but he refuses. How should I deal with him , and how do I deal with the lender. I contacted them about the problem but they have no interest... Read more »

Matthew J Ausley
Matthew J Ausley answered on Oct 19, 2017

The state of Florida has a “Lemon Law” which may apply in your situation. Essentially, you will deal directly with the car’s manufacture to have your car fixed or get your money back. You can find out more information on the process by going to the website of the Florida Office of the... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Florida on
Q: I purchased a car two months ago AS IS from a dealer in Florida and when I purchased it ,it had a problem starting.

Now the car won`t start most of the time and if it does if we go anywhere we can`t turn it off because it might not start again. And also the dealer still has not transferred the registration as of yet. My wife are both on social security and live pay check to pay check and are both under a doctors... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Sep 18, 2017

No way to say for sure here online. I suggest that you consult with an attorney in person on the issue, but suggest that since you purchased the car "as is" then you likely have not recourse against the dealer as he did not make any promises regarding the car.

Good Luck.

1 Answer | Asked in Lemon Law for Florida on
Q: Am i still responsible and out any way i can get out of car? Or is it now chrysler to fix

Bought a car 8 months ago from drivetime. Also purvhased the warranty they offered. 09 aspen. A few weeks ago the engine is having trouble. Apparently failed compression test. So the engine had to be replaced as well as the radiator. Averex the warranty covered it besides 400 that i had to pay. 3... Read more »

Dennis Chen
Dennis Chen answered on Jan 11, 2017

My guess is that your rights are governed by the warranty. You may also have a claim against the company that replaced the engine. The engine may have been replaced with a used engine that failed or there may have been negligence in the repair process.

1 Answer | Asked in Lemon Law for Florida on
Q: Sue for truck repair?

Friend’s GMC truck had repair work done for cylinders under warranty in 2010. Truck began smoking again the next week. Repair shop went out of business within the month after repair. Warranty expired in 2011. Friend is questioning if he can sue GMC to get cylinders fixed because work was not... Read more »

Dennis Chen
Dennis Chen answered on Jan 11, 2017

Have an attorney review the documents for you but most likely the statute of limitations prevents you from taking action now. It has been over five years sine the repairs were made.

1 Answer | Asked in Consumer Law and Lemon Law for Florida on
Q: do I have any recourse against a retail furniture store that falsely advertised their product as leather?

I paid in full furniture set advertised as top grain leather, then delivered bonded furniture & w/in 1 week the color began rubbing off. They replaced two pieces and now the 3rd piece of the set doing the same. The 2 replaced pieces are also defective and had tags on the protective plastic wrap... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 8, 2016

Other than suing or their return policy, no.

1 Answer | Asked in Construction Law, Lemon Law and Real Estate Law for Florida on
Q: I bought a house that was supposed to have copper wiring. I almost walked away when there was an aluminum wiring scare.

The previous owner “who builds houses” stated all the wiring in the house was copper and the home inspector said it was copper.

This week I had a new light put in the kitchen and it had aluminum wiring.

What legal recourse do I have toward the previous owner?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 5, 2016

While you may have had an action for breach of warranty, you didn't indicate how long ago you bought the house. Thus you may have a statute of limitations problem.

1 Answer | Asked in Lemon Law for Florida on
Q: Less than to month I pay a mechanic shop to replace my car engine with use engine now that use engine is broken

I drive it for to month do I have a case.

Robert Jason De Groot
Robert Jason De Groot answered on Jul 25, 2015

Did you mean two months, not to months? Have you spoken with the mechanic shop about this? Was there a contract that you signed and have you read the contract? It seems to me based upon the very limited facts that you provided, that you might have a suit against them for breach of an implied... Read more »

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