Cousins Law Firm Cousins Law Firm 2026-10-13T11:45:42Z https://www.cousinslawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1303984/2025/01/cropped-Cousins-Law-site-icon-32x32.png On Behalf of Cousins Law Firm <![CDATA[5 red flags your certified pre-owned car is a reacquired lemon]]> https://www.cousinslawfirm.com/?p=46867 2026-10-13T11:45:42Z 2026-10-13T11:45:42Z Warning signs in your vehicle’s records A dealer reselling a lemon-law buyback in Florida must clearly disclose the defect. Your vehicle’s records may contain the following warning signs:
  • The title carries a “Manufacturer’s Buy Back” brand, which state law generally requires for lemon-law repurchases
  • The sale paperwork contains no completed resale disclosure form identifying the original defect
  • The service history shows repeated repairs for the same issue
  • The certification report lists conflicting inspection dates, mileage or prior owners
  • The warranty omits the manufacturer’s required coverage for the original defect
The buyback brand confirms a prior repurchase, while repair logs and paperwork gaps only raise questions. You can also search the Florida Attorney General’s database by vehicle identification number, though the list is incomplete.

Resale rules for lemon-law buybacks

Florida’s lemon law requires a manufacturer to repurchase or replace a new vehicle when a qualifying defect remains after a reasonable number of repair attempts. Before anyone resells it, state law imposes three duties:
  • The seller must clearly and conspicuously disclose the nature of the original defect
  • The seller must give you the completed resale disclosure form to sign before you agree to the sale
  • The manufacturer must warrant correction of that defect for one year or 12,000 miles, whichever comes first
A certified pre-owned label does not override these obligations. They bind anyone who knowingly sells a car returned under Florida’s lemon law or a similar statute in another state.

Legal options after an undisclosed buyback

A dealership that knowingly sells a lemon-law buyback without the required disclosure violates Florida’s lemon law, so you may begin with a formal written demand. That letter identifies the vehicle, describes the missing disclosure and requests a specific remedy. If the original defect returns while covered, you may pursue a claim under the manufacturer’s warranty or any applicable certification coverage. You can also file a complaint with the Florida Attorney General’s Office, which administers the state’s lemon law. If the dispute remains unresolved, you may sue the seller under Florida’s Deceptive and Unfair Trade Practices Act. A court may award a prevailing consumer actual damages, court costs and reasonable attorney’s fees.]]> On Behalf of Cousins Law Firm <![CDATA[Florida Lemon Law rights for out-of-state visitors]]> https://www.cousinslawfirm.com/?p=46865 2026-10-09T10:29:29Z 2026-10-09T10:29:29Z Application of the law to non-residents You can file a claim even if you live outside Florida. The law covers anyone who buys or leases a new motor vehicle in the state. Snowbirds wintering in Palm Beach County have the same legal rights as locals. If you buy a defective vehicle from a West Palm Beach dealership, Florida law protects you. Your primary residence or driver's license state does not matter.

The importance of delivery location

The place where you pick up the vehicle decides which state law applies. Purchase and delivery locations control your eligibility. Registration location does not matter. If you take delivery in Florida, Florida law governs your dispute. You might register the car in New York. However, taking delivery in Florida activates the statute and protects your investment.

Requirements for seasonal residents

To qualify during the first two years, the mechanical flaw must severely reduce the vehicle's safety, value, or daily use. A West Palm Beach lemon law lawyer looks for these specific facts to start a claim:
  • Recurring defect: The service center gets at least three chances to fix the same problem. The manufacturer also gets a final repair attempt.
  • Time spent out of service: The vehicle stays unavailable for thirty total days due to repairs. You must provide written notice at the 15-day mark.
  • Written notification: You must alert the automaker directly and follow the Florida Department of Legal Affairs' exact procedures.
Meeting these rules moves your case to the New Vehicle Arbitration Board. They may order a buyback or a replacement vehicle.

Moving your vehicle out of state

You can still pursue a claim under the Florida Lemon Law even if you register the vehicle elsewhere. Your initial purchase must meet Florida's legal rules to stay eligible. Authorized dealers in your home state can perform the repairs. Keep all your repair records from every state to build a strong case.

Enforcing your consumer rights

The process takes several steps. The law exists so every buyer gets a working vehicle. Out-of-state visitors have clear rights under these rules. Legal advice clarifies how these rules apply to your vehicle's specific history.]]> On Behalf of Cousins Law Firm <![CDATA[Parts on backorder: Can you file a Lemon Law claim if your car is just sitting there?]]> https://www.cousinslawfirm.com/?p=46863 2026-07-20T12:46:02Z 2026-07-20T12:46:02Z How Florida tracks repair time limits Florida law provides a specific timeline for resolving warranty defects. If a new or leased vehicle spends 30 or more cumulative days out of service for repair, it meets the statutory definition of a lemon. This timeline need not be consecutive. You might take the car in for one week, get it back, and then return it for another three weeks while the service department waits for a transmission to arrive. Every day at the dealership counts. The law places the burden of these delays on the automaker.

Why supply chain shortages offer no legal protection

Dealership service departments tell customers they cannot proceed until a component ships. While the local mechanic might wait on a delivery, state law views the manufacturer and its authorized dealers as one entity responsible for honoring the warranty. A parts shortage remains the manufacturer's problem. The statute grants no extensions for delayed microchips or sensors. Once the 30-day threshold passes, provided you gave the required statutory written notice and final repair opportunity, the manufacturer's obligation may shift from attempting a repair to offering a replacement or a refund. You must maintain specific records to hold the automaker accountable.

Building a record while your car sits

A successful claim relies on clear evidence of how long the dealership held the vehicle. To protect your rights, you should gather and organize specific documentation.
  • Repair orders: Request a written document showing the exact date you dropped off the car.
  • Status updates: Save all emails or text messages where the service advisor mentions waiting for backordered components.
  • Invoices: Verify that the final paperwork reflects the true date you picked up the vehicle, not just the date the mechanic finished the work.
These records form the basis of your demand for a functioning vehicle.

What this timeline means for vehicle owners

You do not have to accept indefinite delays and monthly car payments for a vehicle trapped in a service bay. The law requires manufacturers to provide a working product or buy it back. If your vehicle sits out of service for weeks, you may qualify for a buyback. An attorney can evaluate your repair invoices and help you hold the manufacturer accountable.]]> On Behalf of Cousins Law Firm <![CDATA[When an EV’s software glitch makes it a lemon]]> https://www.cousinslawfirm.com/?p=46860 2026-04-20T13:15:24Z 2026-04-18T18:52:05Z Software issues can result in the main screen interface in the dashboard blacking out indefinitely. Companies may promise customers that they simply need to wait for a firmware update, but the necessary software patch may not yet be available. If the issue persists for long enough, the vehicle may rightfully be classified as a lemon.

An EV's screen is more than infotainment

Built-in vehicle screens are now key for proper vehicle management. The electronic dashboard display in an EV may be how drivers can monitor their speed and fuel levels. Additionally, they are how drivers can check their backup cameras to ensure their safety before maneuvering. As such, software issues that prevent the dashboard screen from functioning are actually safety-critical defects. If manufacturers or dealerships cannot repair the defect promptly, then the owner may have the right to pursue a lemon law claim. A lemon is any vehicle with safety-critical defects that the dealership or manufacturer cannot repair promptly. Under Florida law, if a vehicle is out of service for 15 days or more due to defects, including software glitches, the vehicle may constitute a lemon. Three unsuccessful repair attempts can also make a vehicle a lemon. If the software patch to correct the screen issues is not immediately available, drivers may potentially go weeks without a safe and usable vehicle. A lemon law claim can allow for the return of the defective vehicle and a refund of the full purchase price so that buyers can acquire different vehicles that they can safely operate. Reporting software issues to the dealership and discussing the manufacturer’s inability to promptly resolve the issue with a lemon law attorney can help frustrated EV buyers assert their legal rights. If an EV does not have functional software and safety systems, drivers may need to invoke their protections under lemon laws.]]>