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Florida law helps car buyers receive compensation for defective cars

New vehicles sold or leased with a defect fall under Florida’s Lemon Law, which can force automakers to make it right.
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Posted at 5:15 PM, Oct 09, 2023
and last updated 2023-10-10 14:02:56-04

FLORIDA — The new Jeep Grand Cherokee arrived loaded with state-of-the-art features, including back massaging seats, but Jeffrey Randell said it also came with a dangerous defect the dealer could not fix.

Florida and other states offer consumers protection under a Lemon Law. When a new vehicle has a problem that can't be fixed despite attempts at repair — a so-called "lemon" — the law forces the manufacturer to buy back the vehicle or compensate the consumer.

In Jeffrey Randell’s case, trouble with the Cherokee started in June, two months after he leased it. Randell says the engine would start making noise, and without warning, the transmission would kick out of drive, leaving him no way to accelerate.

The first time it happened was in June when he was driving on the Interstate. He used his phone to record four of the five times he said the SUV stopped accelerating while he was behind the wheel.

Service records show Randell took the Jeep in for diagnostics and repairs four times between June and September. Service techs could not duplicate the problem, even though they took it on a 50-plus mile test run.

Consumer Attorney Joshua Feygin told ABC Action News that Florida’s Lemon Law protects drivers like Randell.

"If a vehicle has been out of service for 15 days consecutively for the same problem, or back in for repairs to the dealership or manufacturer or repair facility three times for the same issue, the vehicle is presumptively a lemon," he said.

Once a driver files a claim with the state, the automaker has 10 days to respond. If the manufacturer does not respond, consumers can file a demand for arbitration with the state's lemon law arbitration board.

Randell, an IT specialist, is new to Florida and didn't know about the state’s lemon law. He contacted Chrysler and an attorney without success before emailing ABC Action News.

After hearing Randell’s story and watching his videos, we emailed Chrysler. Two weeks later, a spokesperson told us in this email a buyback plan is in process.

“We were pleased to resolve this case to the satisfaction of our customer. Such experiences are rare. The Grand Cherokee, in particular, has won numerous accolades, including a top safety rating. In this instance, our investigation involved a time-consuming attempt to duplicate the customer’s concerns. Everything prudently possible was done to reach a solution in timely fashion.”

 Randell told ABC Action News he's thrilled and relieved. In 2019, 585 consumers filed arbitration claims with the Office of the Attorney General under Florida's Lemon Law, and 414 were resolved with a settlement or hearing. Consumers recovered "close to" $15.9 million in 2019, according to the AG's executive summary.

To learn more about Florida's Lemon Law, click here.