Frequently Asked Questions:

Q: What is the Florida lemon law?

A: The lemon law is a Florida state law that requires a manufacturer to buy back or replace a consumer's vehicle if the vehicle is subjected to at least 3 repair attempts for the same problem or is out-of-service for 30 or more working days.  The vehicle must be under warranty, however, and the Florida law does not apply to motorcycles, boats, or computers. You can read the text of the Florida lemon law right here.

Q: How can you possibly offer your Florida Lemon Law services for free?  It sounds too good to be true!

A: Believe it or not, there is a Federal Warranty Law that is very much like the Florida State Lemon Law - except that it provides for attorney fees if the consumer wins.  There are certain requirements and the remedies differ, so fill out a case evaluation to see if you qualify.  If you do, we'll offer to represent you for free. You will only be responsible for costs if we have to file suit which is VERY rare.

Q: How is the Law Office of Robert Douglas Ortman different from other lemon law law firms advertising on the web?

A: The Law Office of Robert Douglas Ortman is different than other lemon law firms advertising on the web. Here's how:

1. Robert Ortman handles each case himself. He is a licensed Florida attorney with years of experience in Florida lemon law, not a case manager or negotiator. Before you hire an attorney, make sure that your case will actually be handled by an attorney experienced in Florida lemon law.

2. "Up-front, honest & effective representation." Our motto is more than just a motto. It's how we are.

3. Robert Ortman believes in giving each lemon law case personal attention. . Before you hire a Florida lemon law attorney and if you prefer personal attention to your lemon law case, make sure that you are not hiring a "settlement mill" law firm that handles hundreds or even thousands of lemon law cases at a time.

4. Robert Ortman attends each hearing, arbitration, and trial himself. He does not outsource your case to other, less experienced attorneys. Before you hire a Florida lemon law attorney, make sure that he/she cares enough about your case to attend hearings himself/herself.

5. We attempt to settle every case before filing suit. Believe it or not, there have been instances where lemon law firms have filed suit without attempting to settle and without the consumer's consent!

6. Robert Ortman is one of the only Florida lemon law attorneys who is a member of the Consumer Protection Law Committee of the Florida Bar.

7. Finally, we do not sugarcoat things in our practice. We will always tell you like it is; no matter what and we will keep you very informed at all times. Be cautious if a Florida lemon law attorney guarantees that he/she can get you a full refund without a mileage offset or attorney's fees charged. There are certain circumstances when this is possible, but not all the time.

Q: What remedies are offered under the lemon law?
 
A: The lemon law states that if a manufacturer cannot fix the problem within a reasonable time or reasonable number of repair attempts, then the consumer is entitled to a refund or replacement vehicle.  Either way, the consumer must pay a mileage off-set for their use of the vehicle.  The formula for the off-set is: Price of the vehicle x Mileage / 120,000.  However, many manufacturers will offer a "cash settlement," meaning that they will throw money your way in exchange for a promise not to sue them.  This is a particularly good settlement option for those who are upside down in their payments or have high mileage.  It is also good for people who have deferred their first payments under a "No payments until 2010"-type advertising campaign.

Q: I read somewhere that you must bring a lemon law claim within the first two years of ownership.  Is that true?
 
A: Yes and no.  Under the State's Lemon Law, you must file the claim within two years.  HOWEVER, the Federal Lemon Law is much more lenient (generally, you have four years to file).  So, even though you may not fall under Florida's Lemon Law, that does NOT mean that you do not have a case!  Fill out our free case evaluation form and we will let you know!

Q: How long will this process take?
 
A: It depends.  Some manufacturers are easier to deal with than others.  Some take three weeks; some take a year.  The average case, however, takes about about 2-4 months. 
 
Q: What is your experience in handling these types of cases?
 
A: We review hundreds of cases each year and settle about 99% of them before trial.  Since 1999, we have recovered nearly 5 million dollars for our clients and we are not slowing down.  This year alone, we helped consumers recover nearly $1,000,000! 

Q: I read that the lemon law only applies to new vehicles.  Is that right?
 
A: No.  Under the Federal Lemon Law, your car must be under the Manufacturer's original factory warranty.  It doesn't matter if there were five previous owners - you still have a case. The Florida lemon law applies to new vehicles, but if you are within the lemon law rights period, you should still have a case.