Affirmative defenses
This law lists reasons a car dealer or maker can use to fight back against a lemon law complaint. They can argue the problem does not really hurt how the car works, its value, or its safety. They can also argue the owner caused the problem by misusing or changing the car without permission, or that the owner filed the complaint dishonestly.
407.569. s. — It shall be an affirmative defense to any under sections 407.560 to 407.579 that:
(1) An alleged does not substantially impair the use, , or safety of the motor vehicle;
(2) A nonconformity is the result of , , or unauthorized modifications or alterations of a motor vehicle;
(3) A claim by a was not filed ; or
(4) Any other affirmative defense allowed by law.
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Source & history notes
(L. 1984 H.B. 992 § 4 subsec. 3)
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