Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I have had a vehicle in the shop since 3/20/2017. In short…

Customer Question
I have had a...

I have had a vehicle in the shop since 3/20/2017. In short the engine and turbos were replaced. After, 4 times saying the car was completed it was not. The car had several engine malfunction errors, abnormal oil consumption, and serious smoking. Myself and two other mechanics all thought the turbos they installed were bad. The shop assured me that wasn't it and said the smoking was from oil that was pooled in the entire exhaust system. I insisted that could not be the issue because I felt the oil would have burned of after a while and it did not explain the oil consumption. They insisted that this was the problem. I purchased an entire exhaust system. Long story short the car still has the same problems. I have incurred massive rental car expenses over these 8 months and was told on record they would cover those expenses but have not. The car still is not fixed and in their possession. The problem is they were paid in full when I picked the car up the first time. I need to know can I recover rental expenses, the cost of the exhaust system and labor I didn't need etc....I am out an incredible amount of money and havent had a car since mid March of this year.

Lawyer's Assistant: What state is this in? And how old is the car?

Florida. 2012 BMW 750 LI

Lawyer's Assistant: Have you contacted the manufacturer?

No. The car has been at a mechanic shop since March

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 4 months ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 6 minutes by:
11/27/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,245
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about your situation. This appears to me as if you have a lemon under the FL Lemon Law. The Lemon Law covers defects or conditions that substantially impair the use, value or safety of a new or demonstrator vehicle. If the vehicle has been back to the service agent for repair of the same recurring problem at least three times or if the vehicle is in and out of the authorized repair shop for repair of one or more different problems for 15 or more cumulative days, then it is presumed to be a lemon and the manufacturer must either refund you the $ for the vehicle or offer a replacement. You may also ask for the costs of your rental car fees as well as these disagreements can be handled privately and without the court's supervision.

What other questions did you have for me?

Ask Your Own Consumer Protection Law Question
Customer reply replied 4 months ago
Are saying that the Lemon Law covers Auto repair shops? The vehicle is at an independent auto repair shop not the dealer.
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

Understood. Thank you for clarifying. If that is the case, then it's a bit different.

This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach including your rental fees. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

Did you have any other questions for me?

Ask Your Own Consumer Protection Law Question
Customer reply replied 4 months ago
Last question, what is the definition of "returned to the same position before the breach occurred"? Does that mean before I paid them the original parts and labor? I guess I'm asking what that all includes, rental fees, ?, ?, ?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

Hi, good question. Yes, basically it is all the damages financially you incurred as a result of their breach, and that would definitely include rental fees.

Ask Your Own Consumer Protection Law Question
Customer reply replied 4 months ago
they would still be entailed to parts cost and labor?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

No, not if they didn't fix the item. You'd be able to get that $ returned to you if you were successful.

Ask Your Own Consumer Protection Law Question
Customer reply replied 4 months ago
Okay thank you very much. I will attempt to find the appropriate template from the site you suggested....unless you can suggest one to use :)
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'd recommend the breach of contract one for your state (or the state where the auto repair shop is). :-). And you're welcome!

There’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. For your benefit, you can also click here in the future to request me individually.

  3. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

  4. Don’t forget to tell your friends about justanswer.com!

Ask Your Own Consumer Protection Law Question
Customer reply replied 4 months ago
Thank you and Excellent rating has been selected
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much!!

Ask Your Own Consumer Protection Law Question
Customer reply replied 4 months ago
One more thing what if they call and say the car has been fixed again an is ready for pick up before I have this resolved. Can I pick the car up and still seek my damages under breach of contract?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm so sorry for the delay. I didn't see that you had responded to me. If they say that it has been fixed again, then you could still seek for breach of contract; however, keep in mind that if you were to take your case to court, you may have a slightly more difficult time trying to prove that you suffered damages as a result. What you could do is tell them to stop working on the car or not to begin work on the car if that is the case. Even if they do "Fix" the vehicle, you could still work with them informally to try to get the complaint resolved without having to go to court . Did you have any other questions for me at all?

Ask Your Own Consumer Protection Law Question
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,245
10,245 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
When attending mediation for custody changes, after two
When attending mediation for custody changes, after two hours can I ask to end mediation? I cannot really afford to mediate for hours. I have to pay half and it's $225 an hour so two hours would be a … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,356 satisfied customers
I have a question about lemon law in California. My new
I have a question about lemon law in California. My new vehicle has extensive problems, and features that were described by the salesman are not as described. The dealership just offered to buy the ve… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
I bought a used car that turned out to be a total lemon. It
I bought a used car that turned out to be a total lemon. It only ran for about a week before it started having issues. Now, the head gasket has blown out and my mechanic and the used car lot's mechani… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
Does lemon law cover dishwasher? Wisconsin. It was bot aug
Second opinion] does lemon law cover dishwasher?JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?Customer: wisconsinJA: Have you contacted the… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Does lemon law cover dishwasher? Wisconsin. It was bot aug
It was bot aug of 2013 and i've had several repair calls on this and they have replaced parts and still doesn't clean properly I paid almost $700 for machine now they say I need several parts. Can i do any thing about this?… read more
KLAW
KLAW
Juris Doctorate
2,039 satisfied customers
Have a question about the lemon law in. Bought car as is
Hey i have a question about the lemon law in Virginia. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,821 satisfied customers
I was a defendant in a small claims court. Through mediation
I was a defendant in a small claims court. Through mediation we settled that I would pay him 600.00. Broken up into 2 payments of 300.00 each. Also in the agreement it states that if I am late with a … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have an HOA that was supposed to go to mediation but,
I have an HOA that was supposed to go to mediation but, after asked for over 2 years, will not go. It is court ordered Mediation. I am putting together a Motion For Contempt and a Notice Of Hearing To… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Lemon law, california, yes, this Went in for break clicking
this Went in for break clicking noise when i press the break. First dealership went in about 2-3 times for the issue. Confirmed the issue with two people mechanic and service manager. 2nd time. They said they cant fix the issue. They also said it doesn't affect the driving but the noise and feeling of the click on the break cause me problems. I went in a different audi dealership. they confirmed the noise with a lead mechanic. they replaced the break light switch. At first it didnt make the noise and now after a few months. its making the noise again. I was recently called by audi america for two options. 1 option is to settle with 3500 dollars and 2nd option is to get a new 2018 audi a6. They said i had to pay usage. i dont get that "Good afternoon, We follow the California lemon law for usage. It is your mileage the first time you brought the vehicle into the dealership for the concern 5,843 miles divided by 120,000.00 and multiply it by your purchase price. The amount of $2,273.88 is the correct amount.The usage is not part of your lease contract."I do not get if this is following a lemon law. why isnt this car a LEMON? She (audi america rep) said it was not.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in California and I want to know about the lemon law.
Second opinion] I live in California and I want to know about the lemon law. I purchased a 2014 Ford Fusion from Car Max and it is very unsafe. The car shuts off on me while I'm driving with no warnin… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
I live in California and I want to know about the lemon law.
I live in California and I want to know about the lemon law. I purchased a 2014 Ford Fusion from Car Max and it is very unsafe. The car shuts off on me while I'm driving with no warning. It happens on… read more
Thelawman2
Thelawman2
Doctoral Degree
1,353 satisfied customers
Does the "lemon law" cover used vehicles that have "as is"
Does the "lemon law" cover used vehicles that have "as is" on paperwork even though it is a "certified" used vehicle? Have only owned vehicle less than 2 months. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Does the Arizona Lemon Law apply to a leased new vehicle?
Does the Arizona Lemon Law apply to a leased new vehicle? That is, can the lessee file claims under the statute in the same way a buyer could?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Do you know if there is a 'lemon law' for automobiles in the
Do you know if there is a 'lemon law' for automobiles in the state of Utah? … read more
Legal Eagle
Legal Eagle
Lawyer
10,245 satisfied customers
CA regarding RV lemon law. Damaged roof that the Forest
damaged roof that the Forest River said Beaumont RV dealer did not inform Forest River… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,044 satisfied customers
Florida lemon law refrigerator? Kitchen Aid repaired 8 times
florida lemon law refrigerator? Kitchen Aid repaired 8 times since 2013 has quit again … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
1,184 satisfied customers
I had asked a question in the past about a lemon. Well, lol
Good morning. I had asked a question in the past about a lemon. Well, lol and behold the same issue happened again this weekend with my truck. I am extremely upset. I was hoping you could give me some… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
I was wondering if there was a lemon law for a person who
I was wondering if there was a lemon law for a person who sales a car "as is" when he claimed that the car had no mechanical issues or transmission issues before I purchased the car I have text messag… read more
Attorney 1
Attorney 1
2,618 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x