Therefore read the contracts to determine if the car is eligible for return and the requirements needed to return it. Federal law does not provide for a cooling-off period for car buyers, whether the car is used or new, nor does Florida law or any other state law. "I cannot say in a few words how great my experience with Alex was. Fill out the required information such as your name and phone number and sign the contract. It takes an experienced attorney to investigate the facts and circumstances of the situation and all attendant details to determine if such a claim would have any chance at success given the evidence available. Dealers must clearly display this information on a side window of each used car. There is no automatic right afforded to a buyer to return a vehicle within three days. Alternatives to returning a car. Contact the Law Office of Alex McClure today to find out how I can help you properly address your consumer legal issues. Regarding used vehicles which develop mechanical issues shortly after purchase; absent a warranty there is little that a consumer can generally do other than to repair the vehicle at his or her own cost. In other states, the right to return the car in a few days for a refund exists only if the dealer chooses to offer this privilege. Used Car Sales― Buyer Beware Because there is no lemon law for used cars in Florida, it's doubly important to make sure you know exactly what you're getting in the beginning. Florida does not have "lemon laws" that apply to used cars, which can put buyers at-risk when going through private or secondary sellers. Car Dealer Liability for Misrepresentation When Selling a Vehicle. In addition to retailers being required to accept the return of defective items, federal law provides a " Cooling-Off Rule " giving buyers three days to cancel purchases of $25 or more. I look forward to working with you to develop those solutions and help you successfully navigate your consumer legal issues. This is especially important in used car sales, many of which are “as is” sales. If all of the requirements have been met according to the contract and Florida State law and the seller refused to accept the car, contact an attorney and file a complaint with the Florida Department of Motor Vehicles. With more than 10 years of experience as a network administrator, Gregory holds an Information Management certificate from the University of Maryland and is pursuing MCSE certification. In Florida, there is no Used Car Lemon Law. The seller will provide a cancellation contract voiding the original purchase contract. I strive to provide solutions which address their immediate concerns and helps them create a realistic and meaningful path towards long term financial sustainability. Long story short, you want to return the car. However, if you've purchased a car that's a lemon, you may have some recourse against the seller with a number of other laws in Tennessee that protect consumers. So with that being said, I felt the need to write a great review for Alex. Copyright © 2021 Law Office of Alex McClure. We help people file for bankruptcy relief under the Bankruptcy Code. The warranty covers so many days or miles after the vehicle was purchased. His response to my online inquiry was... "Alex McClure is by far one of the most hard working, knowledgeable, kind-hearted and talented attorneys on the planet. So with that being said, I felt the need to write a great review for Alex. Then, several repairs are unable to fix the problem. If you have relied upon a false or misleading claim in purchasing a faulty vehicle, you may have a claim against the auto dealer. My organization's bank account was frozen due to a lawsuit from 5 years before in which a summary judgement was filed and no one on the current board was aware of the judgement. In fact, there generally aren’t any laws or rules guaranteeing a return period for anything. Review the details of the contract including the purchase price, the cancellation date and stipulations outlining the dissolution of the original purchase contract. Be the first and Add your Comment below. Florida has no “cooling off” period or other specified time within which a buyer may voluntarily and unilaterally return the vehicle free of penalty and cancel the sales agreement in typical transactions. Many states have “lemon laws” that protect new car buyers who get stuck with mechanical disasters, but only a few states extend this safeguard to used cars. To obtain a guide, or to speak with someone about the Lemon Law, consumers in Florida may call the Lemon Law Hotline at (800) 321-5366. Please complete all required fields below. However, "there is no lemon law for used vehicles in Florida according to the Florida Department of Highway Safety and Motor Vehicles." There is no "grace period" or "3 day cooling off period" or similar law in Florida for returning a used car to the dealer. s. 2304, 16 C.F.R. Step 1 Florida Lemon Law is known as the Motor Vehicle Warranty Enforcement Act. Return the car to the seller with all of the paperwork and accessories intact. It should not be used as a reference to cite the Department’s position. Under Florida law, a lemon car is one that is a leased or purchased vehicle that is either new or was used as a demonstrator by the dealership and has nonconformities that have not been repaired after a "reasonable number of attempts" by an authorized dealer. From the beginning, I had a good feeling about Alex. Once you sign, the vehicle is yours. Some dealerships charge a restocking fee which depends on the miles the car has driven and the length of time it was off the lot. If you've purchased or leased a defective automobile, you do have legal recourse under Florida's lemon law. Lemon laws require the dealer to provide a specific type of warranty (i.e. I now put those skills to use representing the interests of my fellow community members facing the most challenging financial problems of their lives. As with so many other things in life, though, there are indeed exceptions to this general answer. Organize a time to return the car with the seller. However, this applies only to used cars. California offers protection under the Car Buyer's Bill of Rights, which gives the buyer an opportunity to purchase the right to return a vehicle for 48 hours. If this is the case returning the car may be your only option. This is why its critical that you have a mechanic of your own choosing (and at your cost) go over any used car you are considering purchasing AS IS. When you return the car you will need to take all of the original paperwork that was signed at the time of purchase. This is especially important in used car sales, many of which are “as is” sales. I spent nearly 10 years litigating for some of the largest creditors and debt buyers in the consumer credit and finance industry. Florida's consumer protection statutes can be found in Chapter 501, Florida Statutes. Filing this form with a motor vehicle service center will remove the seller’s registration from the vehicle and help the seller avoid any civil liability for the operation of the motor vehicle after the sale. Dealers who violate the Used Car Rule may be subject to penalties of up to $43,792 per violation in FTC enforcement actions. Call, email or write a letter to the seller explaining that you find the car unsatisfactory and that you wish to return it according to the requirements in the return policy. All used car dealers are required by federal law to tell buyers whether a used car is being sold with or without a warranty. Purchasing a used car can be exciting, but it is also a big financial commitment. His response to my online inquiry was... Read On, "Alex McClure is by far one of the most hard working, knowledgeable, kind-hearted and talented attorneys on the planet. The law provides arbitration for car owners with complaints, and can result in a full refund or replacement vehicle. You're on your own with a used car, however; the law applies only to the purchase or long-term lease of a new car. What happens if you no longer want the car you bought but the dealer won’t let you return it? ". However, if there is something wrong with the car, or the dealer engaged in some unfair or deceptive trade practices in selling you the car, you may be able to get... 0 found this answer helpful | 4 lawyers agree All fees or charges permitted to be added to the cash price by rule 69V-50.001, Florida Administrative Code, must be fully disclosed to customers in all binding contracts concerning the vehicle’s selling price. At least not without significant difficulty and expense. Prior to the sale, Iowa Code section 321.69 requires the seller of a used car or truck that is less than eight years old to disclose in writing the extent of any damage to the vehicle incurred while in their ownership for which the repair costs were more than half of the pre-damage retail value. Often these issues can be used to negotiate the price to a point which can account for the necessary repairs or inform you of defects so severe you should skip the vehicle altogether. Thank you for contacting the Law Office of Alex McClure. I had spok... Read On. If the dealer is unable to fix the car after three attempts, the consumer must contact the manufacturer, which has 10 days to direct the consumer to an independent repair facility. The excitement can quickly wear off, however, if the car turns out to be electrically or mechanically damaged. 520.02(2) any fee or charge other than those provided in that section and in rule 69V-50.001, Florida Administrative Code. Shoppers who buy a used vehicle “as is” may have some consumer protection, depending on where they live. There is a federal law called the three-day cooling-off rule that protects consumers who have purchased something that costs $25 or more outside of a regular place of business. The buyer's guide must be attached to the vehicle and list the terms of the warranty, any vehicle maintenance or mechanical issues, and what percentage th… Alex examined the case and immediately noticed some... Read On, "Let me start off by saying that I am someone who will generally check reviews on almost everything I buy or expect a service from. part 455, pertaining to the consumer sales window form. My organization's bank account was frozen due to a lawsuit from 5 years before in which a summary judgement was filed and no one on the current board was aware of the judgement. Dealers are not required by federal law to give used car buyers a three-day right to cancel. An avid technology enthusiast, Steve Gregory has been writing professionally since 2002. Once filed, it becomes the … I had found myself in a very stressful and troubling situation regarding a debt collection/garnishment. I understand that these are stressful times for each and every on... Beginning November 1, 2019 and current through the date of this blo... "I cannot say in a few words how great my experience with Alex was. Check the vehicle to ensure that it is in the same condition that you bought it in. However, "there is no lemon law for used vehicles in Florida according to the Florida Department of Highway Safety and Motor Vehicles." In Florida, there is no statutory right to a Cooling-Off period when purchasing a used vehicle. Used Car Sales Laws in Tennessee. When consumers buy or lease a new or demonstrator motor vehicle, they must receive the Consumer Guide to the Florida Lemon Law from the dealer or lessor. There are no comments for this post. I felt extremely helpless and had no idea how to move forward. A Jacksonville woman learned that lesson the … According to the Federal Trade Commission, all used cars must include a buyer's guide that provides the purchaser with the vehicle's warranty information. Read your sales contract paying particular attention to the return policy. I had spok... Can I return my new or used car in Florida if I change my mind or my circumstances have changed? In most cases, it’s merely the policy of companies and retailers (like Walmart or Target) to allow refunds, rather than a legal obligation. Take the car back. If this is the case returning the car may be your only option. If you have damaged the car get it repaired immediately. Copyright 2021 Leaf Group Ltd. / Leaf Group Media, Florida Department of Highway Safety and Motor Vehicles: Buying or Selling a Car, Federal Trade commission: Buying a Used Car, CarsDirect: Used Car Return Policy: Reading the Fine Print, Office of the Attorney General of Florida: Contact Us. If the dealer does not affirmatively disclaim all warranties in writing, you will be covered at least by implied warranties of merchantability (the product will do what it is supposed to do), fitness for a particular purpose (dealer's advice that the car will be suitable for a particular use, such as hauling a trailer), and a good title. I felt extremely helpless and had no idea how to move forward. There is no “lemon law” or similar protection for used cars in the state of Florida so the general rule is “buyer beware.” Always have a mechanic of your own choosing thoroughly inspect the vehicle and report to you any potential issues that are found.