Make the lemon law work for you

Posted at 5:05 PM, Jan 21, 2016
and last updated 2016-01-21 19:06:02-05

Volkswagen may not have a fix for its diesel cars, but an 86-year-old has one. File a lemon law claim and tell a three man jury why the car maker should buy back your car too.

“I hope more people follow my suit and go after them,” explained Walter Melnyk.

This one victory led to multiple questions on my Facebook page.

Nino of Stuart wrote, “Jenn, I noticed the lemon law states that it must have been bought less than 24 months ago. My car was bought 27 months ago. Any suggestions?"

You may still be in luck Nino. Maybe. I’m hoping!

Our lemon law expert says after you drive the car off the lot you actually get two years plus sixty days to file a claim.

“If you are looking at your paperwork and it says January 21, 2014 and you're thinking you’re out of gas – no – it’s really February or March. Some time in March would be the date you could last apply for the lemon law,” explained lemon law attorney Patrick Cousins.

The problem is -- many of these questionable diesel cars are five-years-old. In that case, Cousins said you still may want to try to work out a deal.

“I would still try to work with VW because after what just happened they might be looking at things a little bit differently,” explained Cousins.

Volkswagen did win a Florida Lemon Law case in December -- so it's 1 for you the consumer and 1 for the manufacturer. The case Volkswagen lost can be appealed. Volkswagen hasn't commented at this time.

But, if you add up the votes from these three-man decisions, the consumer actually comes out on top.

“The way I look at it you have four arbitrators in Florida that say this vehicle is a lemon and two who said no it's not. So me, if I were a gambling man, which I'm not, I would think you have a fighting chance of being successful,” Cousins said.

It's worth a shot. It doesn't cost you a dime.

Make sure you follow the rules because there are specific steps you have to follow.

Click here for more details on the Florida Lemon Law and the steps you need to follow to make a claim

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