Posted On: July 24, 2008

Florida Lemon Law has a Birthday this month, turns 20 years old

Most, if not all 51 states have lemon laws that protect consumers against being stuck with a defective lemon car (some state laws are better than others). This month, the Florida Lemon Law, which is namely an arbitration program for consumers, has a twentieth (20th) birthday.

Comparatively, the Texas Lemon Law is arguably slightly better than the Florida Lemon Law (but not by far); primarily because Texas has a serious safety provision that Florida's lemon law lacks. The two state lemon laws can improve tremendously and help more consumers by providing for attorney fee shifting and also adding a garden variety provision for repair attempts that is not for the same defect.

All consumers should be aware that Florida's lemon law has strict rules and deadlines -- consumer must file a claim within the first 24,000 miles of delivery of the subject vehicle. In addition, there must be 3 unsuccessful repairs or 15 calendar days at the service center.

For more information about Florida's 20th birthday for its lemon law, go here.

Posted On: July 20, 2008

Potential Electric Lemon Car for a Mail Carrier

At my Texas lemon law office, I often get calls from potential clients about problems on a variety of vehicles, including SUVS, trucks, sports cars, and compact cars. However, I have yet to receive a call for electric lemon cars, possibly due to the fact that electric cars are fairly new to the auto industry and car consumer markets.

Especially with how gas prices have exponentially increased within the past year, it is expected that electric cars will have a strong impact on many consumers' transportation choices.

In Washington, a mail carrier is finding that out that a lemon may occur in non-traditional gas vehicles also, specifically electric cars. Frost Freeman bought a Dynasty IT with the intention of using it to deliver mail while working for the Marrowstone Island Post Office. Unfortunately, 2 years after purchasing the vehicle, the vehicle doesn't hold a charge as advertised and failed to operate in a way she she expected. Ms. Frost recently filed a lemon law claim with the Washington State Attorney General's Office, hoping to seek a repurchase/buyback under Washington's Lemon Law.

For more information about Ms. Frost's story, go here.

Posted On: July 1, 2008

Strong lemon law will be improved,... just not in Texas

California's already strong lemon law, the Song-Beverly Consumer Warranty Act, has been amended on January 1, 2008, to include military personnel stationed in California.

In the past, California's lemon law, similar to other lemon laws throughout the country (including Texas lemon law), is only applicable inside the state where the consumer purchased the subject vehicle. In other words, proper jurisdiction is directly related to the state where the purchase transaction took place.

With this new amendment, military service personnel who is stationed in California at the time the vehicle was purchased or the time the lemon law action is filed, can lean on California's lemon law to get a repurchase or replacement on a defective vehicle. This is strategically a benefit and convenience for our men and women in the military, especially if they purchased the vehicle or reside in a state where the lemon law is not as strong as California.

Specifically, where a consumer's car is ineligible for a repurchase in Texas because the deadline to file has padded, if that consumer was stationed in California at the time of purchase or the time they file a lemon law claim, then he or she can forgo the harsh Texas Lemon Law program and file under the California Lemon Law program instead.