Action 9

Action 9: What to do if your used car is a ‘lemon'

A Seminole County man spent thousands of dollars on a used car that broke down the same day he bought it. 
Action 9 gets complaints like that every week.  
Todd Ulrich investigated how that could not happen in many other states, and why it's protection drivers don't have in Florida.
Jesse Napier paid $3,000 cash for a used Toyota that has been abandoned in the front yard. 
Three miles after buying it from Absolute Car Sales, the engine died for the first time.
“It's broken down on me three times.  I really just want my money back,” Napier said.
But the dealer’s manager told Napier, “tough luck,” because she bought it as is. 
Elonia Taylor's SUV broke down two weeks after buying it from another dealer. 
She got this answer: “You bought the car as is, so there’s no warranty on the car, and that's your problem.”
Had Taylor and Napier bought their vehicles in 19 other states, they would not be stuck with lemons because of laws protecting buyers.  
Consumer attorney Taras Rudnitsky said those states offer basic safeguards.  
“They at least provide some limited protections.  Florida has nothing like that at all,” said Rudnitsky.
Action 9 found six states have "Used Car Lemon Laws.” If a dealer can't fix the vehicle the first  30 to 60 days, it must refund or replace it. 
Thirteen other states have limited protections that require a warranty. Arizona's used car law is bare bones.  A dealer must make major repairs the first 15 days, and even that could have protected Napier. 
It's Florida customers at some “Buy Here Pay Here” lots who are at the highest risk, and who could really benefit from lemon or warranty protection. 
But many consumer experts said that won't happen in Florida because of a powerful used car lobby.  
Rudnitsky said that has blocked past attempts to reform used car sales. 
“It's a political problem in Florida.  The car dealers have too many legislators in Tallahassee in their pockets,” said Rudnitsky.
With no protection, Napier called Action 9.  
At Absolute Car Sales, the manager told Action 9 he will attempt to fix Napier’s car, and if it can’t be repaired, he would unwind the sale and give him a refund.
The used car lemon laws covers repair or replacement from 30 to 90 days, depending on the state.
In Florida, a driver’s best protection is an independent inspection before signing a contract.