Florida Lemon Law only specifies that a vehicle needs to be out of service for 15 consecutive days to be eligible. This is not technically a manufacturer defect, but is a defect caused by the manufacturer's agent, which is also mentioned in the law.
Sounds like it is an option for J.G. Lemon law varies by state and it sounds like Florida's is pretty inclusive.
FL lemon law:
How The Florida Lemon Law Works
The Lemon Law covers defects or conditions that substantially impair the use, value or safety of a new or demonstrator vehicle (these are called "nonconformities"). These defects must be first reported to the manufacturer or its authorized service agent (usually, this is the dealer) during the "Lemon Law Rights Period," which is the first 24 months after the date of delivery of the motor vehicle to the consumer. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent. DO NOT DELAY in reporting a problem as this may cost valuable time and protection.
Consumers should KEEP RECORDS of all repairs and maintenance. A written repair order should be obtained from the service agent (dealer) for each examination or repair under the warranty. The consumer should note the date the vehicle was taken in for repair and date he or she was notified that work was completed. Odometer mileage when the vehicle was taken to the shop and when it was picked up after repair should also be noted. Consumers should keep all receipts or invoices for payment of expenses related to the purchase/lease of the vehicle and to any repair.
If the vehicle has been back to the service agent for repair of the same recurring problem at least three times, the consumer must give written notification by certified, registered or express mail, to the manufacturer (not the dealer) to afford a final opportunity to repair the vehicle. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may be used for this purpose. Click here for the Instructions and Motor Vehicle Defect Notification form. Upon receipt of the notification, the manufacturer has 10 days to direct the consumer to a reasonably accessible repair facility, and then up to 10 days from delivery of the vehicle to fix it.
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, the consumer must give written notification of this fact to the manufacturer (not the dealer), by certified, registered or express mail. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. Click here for the Instructions and Motor Vehicle Defect Notification form. After the manufacturer’s receipt of the notification, the manufacturer or its authorized service agent must have at least one opportunity to inspect or repair the vehicle. The consumer may be eligible for a purchase price refund or a replacement vehicle if the vehicle is out of service for repair of one or more nonconformities for a cumulative total of 30 or more days.
If the manufacturer does not provide a refund or a replacement vehicle, consumers may invoke their rights through one or two arbitration programs. The dispute must be submitted for arbitration to a manufacturer sponsored program, if that program was certified by the State of Florida when the consumer purchased or leased the vehicle and the manufacturer's warranty or other written material explained how and where to file a claim with a state-certified program.
A list of Manufacturers who sponsor state-certified programs can be found by clicking here, or to find out if a manufacturer has a state-certified program, consumers in Florida may call the Lemon Law Hotline (1-800-321-5366), consumers out of state may call 850-414-3500. "State-certified" means the manufacturer's program meets certain state and federal requirements; it does not mean that the program is administered or sponsored by the State of Florida.
If a manufacturer has no state-certified program, or if the manufacturer has a state-certified program, but the program fails to make a decision in 40 days, or the consumer is not satisfied with the state-certified program's decision, the dispute must be submitted to the Florida New Motor Vehicle Arbitration Board, which is administered by the Office of the Attorney General. Click here to download a Request for Arbitration form, or contact the Lemon Law Hotline (1-800-321-5366; 1-850-414-3500) to obtain a Request for Arbitration form. The form is submitted for eligibility screening to the Office of the Attorney General.
F-350SD wrote: The company that broke it is not an agent of the manufacturer. It's pretty clear that it's not lemon law. .
That sounds like a distinction for the court to decide, if it goes that far. Totally depends on how you define "authorized service agent." If we presume the dealer qualifies as an "authorized service agent," does a contractor for the dealer doing pre-delivery work potentially qualify as such? I'm not saying "yes" or "no," but it sounds to me like there's enough grey area to make for an ugly legal battle, if nothing else.
Makes ya wonder if the dealer deliberately farms out this kind of work to avoid potential liability if something goes wrong.
I am not a lawyer...
But the the contract was between the dealer and JG for the dealer to perform work. The fact that the dealer farmed out the work shouldn't matter, the dealer is still the responsible party and should make him whole. The fact that they use contracted labor should not be relevant in this context. It just gives the dealer someone to sue to recover THEIR loses in making JG whole.
I also suspect this might be relevant:
That was August 18, the day I picked it up. On August 21, I dropped it back off at the dealership to have them install a backup camera, as was part of our sales contract. Well, the installer busted the windshield removing the old mirror (backup camera has a mirror-mounted screen). Haven't seen the van since.
The installation of the camera was part of the sales contract. Is the dealer now in breach of contract? Is the sale therefore not complete? Interesting things to talk to an actual lawyer about and perhaps for a court to decide.
I did not enter into a contract with a third party, the dealer did. If they did it to protect themselves from stuff like this, my guess is that ploy would last exactly as long as it took for someone to take them to court where the dealer would get smacked.
According to the person I talk to at the Florida Attorney General office (not a lawyer, but an agent specializing in answering questions and helping you determine whether or not you should file a Lemon claim), this was a pretty cut-and-dry lemon case. Although, even they said that the wheels of justice do not always spin quickly, and getting from claim, to investigation, to decision to arbitration if necessary can take time, so if you can work something out directly, it's in your best interest to do so. I've been trying t use the fact that the dealer will clearly else a Lemon case as leverage, but they don't seem t be getting it.
At any rate, things are looking up. Chrysler corporate is involved, and they think they may be able to make a windshield magically appear at the dealership sooner rather than later. I wrote to our media contact and plead my case to her. I think the folks I'm dealing with now are folks I'd be dealing with as a regular consumer, but I may have skipped a couple levels of phone answerers and message takers.
JG Pasterjak wrote: I think the folks I'm dealing with now are folks I'd be dealing with as a regular consumer, but I may have skipped a couple levels of phone answerers and message takers.
I hate it when they do that! 
Cool that you're moving toward a resolution! It sounds like you REALLY loved the van, it would suck to get screwed out of the vehicle you want just because of a nightmarish dealer experience.
How about contacting a local news station? One with a "problem solver" segment. They might like it as you are a local celebrity type so it would be more interesting for their viewers. I am pretty sure the dealership doesn't want this splashed all over the news even though it's got some legs here on the internet. Sounds a little goofy I know but it seems to get things moving in some of the cases. I really feel for you and it has killed any thoughts of me getting one of these................even though it's not really a vehicle problem.
TV won't touch it if dealership is an advertiser.
Ugh. Reading this whole saga makes me never want to visit a Chrysler/Fiat dealer ever again. The Mrs. was very interested in a Fiat 500L for a while. I'm so glad we bought a Mazda6 instead.
mblommel wrote: Ugh. Reading this whole saga makes me never want to visit a new car dealer ever again.
fixored....
irish44j wrote:mblommel wrote: Ugh. Reading this whole saga makes me never want to visit a new car dealer ever again.fixored....
Agreed. These are in no way manufacturer specific problems.
I always say not to buy the first year model but if the Nissan came back with that Datsun 510 car I would be the first in lin..........ha ha ha ha ha - what was I thinking here? Like that would ever happen.......ha ha ha ha.
Because he's being asked to make payments on a car he doesn't have?
Datsun1500 wrote: Just curious. If there truly are no windshields available, what exactly do you expect them to do? The dealer did not break the windshield and the manufacturer won't send them one. Why is everyone so angry at them? Should they give you a loaner? Sure. Are they 100% to blame? Nope. The service guy can't wave a magic wand and make a windshield appear. I'd be pissed at the manufacturer because they have no parts available, everyone here is angry at the dealer. What exactly can the dealer do to make a windshield appear?
I'd be pissed at the manufacturer as well, but I think the dealer could have been better at communicating with JG.
I don't care about the payment as long as I had a comparable or better loaner.
I think if the dealer was honest up front and said, "We're sorry, but there are no windshields in stock and we do not know the date. Here's a loaner and we will keep you updated when we will get updates on the part", I would be much happier than the run around JG got.
I had bought a used truck with full PT warranty and the trans went out after a month. The dealer had the truck for a month and it basically sat for two weeks until I threatened legal action. Then what do you know, I got a new transmission.
F-350SD wrote: What exactly can the dealer do to make a windshield appear?
get a real glass installer to remove one from an in stock unit and put it in his van, and wait for the replacement to show up before selling the glassless van? that's what i would do if in charge of the situation, but i've been yelled at before for expecting people to do what i think is right, as i tend to go above and beyond for my customers.
F-350SD wrote: How bad is it cracked? Why not just drive it as is?
When they removed the rearview mirror, a big chunk of glass came out with it. So now there's a big chunk missing and no place to affix the mirror.
And I've told the dealer several times that I'm sympathetic to their position. They're being screwed over by an insufficient supply chain. But ultimately they have my money and my van, and I have nothing.
I can't expect that they can make a windshield magically appear, but they can't expect me to give them money and not get the product I paid for (which means one in new condition, not broken or damaged or otherwise anything less than the new car I just agreed to purchase and make payments on for a long effing time).
I outlined my requests to them and I think they were reasonable:
1) Repair my vehicle before the first payment is due.
2) Offer me a similarly-equipped replacement vehicle, or enter into negotiations with me on a differently-equipped replacement vehicle.
3) Tear up my contract and let me walk away and start over.
I think those are entirely reasonable requests. What sent me over the edge was when I delivered those requests and asked to speak to someone with the authority to make those deals (or legitimately me that those deals were not reasonable and why) I got a call from the PARTS MANAGER, again telling me "sorry, no windshield. Maybe someday soon."
Then what put the capper on that was when I mentioned possibly Lemon Lawing the car, he pulled the "Third party, not our problem" thing, showing me he was may more interested in covering his butt than making a customer happy.
I'm bummed about the windshield, but I'm also sympathetic to real-world supply chain problems. But I think we've past the point where apologizing for the problem is acceptable, and I'd like to see some action taken on their part to SOLVE the problem.
CGLockRacer wrote: I think if the dealer was honest up front and said, "We're sorry, but there are no windshields in stock and we do not know the date. Here's a Dodge Viper SRT Loaner and we will keep you updated when we will get updates on the part",
fixed it
OK, sympathetic to supply chain issues is one thing. Waiting a month for a part that is manufactured by the thousands each month by the same gd company that can't get one to you is bull.
Its not a supply chain problem. Dodge has the windshields. They are just giving them to other customers.
If you took the van to Xhibit, he would be able to pimp you a new windshield out of something else that was close in less than a week. Not cheap, but doable.
JG Pasterjak wrote: And I've told the dealer several times that I'm sympathetic to their position. They're being screwed over by an insufficient supply chain. But ultimately they have my money and my van, and I have nothing.
Not to mention having repeatedly outright lied to you about the status of your replacement parts.
F-350SD wrote: Have you stopped by a windshield place to see if they can get one?
Can't find it at any Safelite in any major city in the US. I did find one in Yugoslavia for the Fiat version.
A year from now this probably won't be an issue, but there are certainly some supply chain lessons to be learned here when bringing a new car to the marketplace. How would you like to be the fleet manager that just bought two dozen of these things the week before a hailstorm?
How about an insurance claim.
If we think of a window like a body panel...your body panel (window) has been damaged and rendered the car undrivable. This damage came at the hand of another party. Seems that if you called your insurance company that they would then pursue the other company for the damages.
Meanwhile, you could be driving a similar vehicle (say Chrysler Minivan) from Enterprise until yours is fixed.
Sure, your making a payment but you also have a van to drive for van purposes.
Update:
Got a few calls and emails from various Chrysler folks yesterday after I contacted their media relations person and told her the story. Didn't whine or complain, just laid it out and asked if she could put me in touch with someone who could give me some real answers. I did include a copy of my last column, where I mentioned buying the Promaster, and told her that I hoped the followup column would have a happy ending. That's only a threat if you say "fuhgeddaboudit" after it.
Anyway, got a few calls and emails mostly with questions. Finally got a call from a guy who seemed to have some answers, although he didn't seem to "know who I was" as such. He told me they were putting a request direct from corporate in to their vendor for a windshield, and that they've now realized that this appears to be a legit supply chain shortcoming. They're hoping to get a windshield to my dealer by early next week, and he said they'd be doing some analysis on the entire supply chain to look for more weak spots.
Got a call back from the same guy a few minutes ago to let me know things were looking good on the windshield, although he couldn't guarantee it yet. And also that Fiat/Chrysler would be covering my first two payments.
Still don't think he knows "who I am" at this point, which I'm completely okay with. I think I basically got handed to a guy who I'd have been able to get to as a consumer anyway, I just probably skipped a few steps. When it's all over I'll "reveal myself" so I can write a proper followup (unless things go way off the rails before that). I'm going to play that same music they used when Sherlock Holmes admitted to being Khan in that Star Trek movie.
Maybe corporate should know about the runaround from the service manager at Hennessy FIAT and tuneup his people skills,or maybe he's "the goon". 
You'll need to log in to post.
