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Lemon Law Basics: Florida Lemon Laws
Understanding Florida Lemon Law
Who is covered under Florida lemon law?
Florida lemon law protects new cars and trucks that have been sold in
Florida to transporting people and property. Leased vehicles are included
under Florida lemon law, but motorcycles, vehicles driven primarily off
road or on tracks, vehicles over 10,000 pounds gross vehicle weight, and
the living areas of motor homes are excluded. Florida lemon law specifies
a Lemon Rights Period that extends for 24 months after the consumer receives
delivery of the vehicle.
What defects are covered by Florida lemon law?
Florida lemon law covers defects that prevent the vehicle from conforming
to its warranty, so long as the nonconformity is serious and affects the
use, safety, or value of the vehicle. The nonconformity cannot be caused
by abuse, neglect, or modification by anyone other than the manufacturer
or its authorized agents and dealers.
When does Florida lemon law go into effect?
Florida lemon law requires the manufacturer to repair the nonconformity
if it was first reported within the Lemon Rights Period. If the manufacturer
cannot repair the nonconformity, the consumer is entitled to relief under
the Florida lemon law. The manufacturer must have a reasonable chance
to repair the nonconformity, which consists of three unsuccessful repair
attempts or fifteen cumulative days when the vehicle is in the hands of
the repair shop (or, in the case of recreational vehicles, sixty days
out of commission). After this period, the consumer must notify the manufacturer
in writing of intent to invoke Florida lemon law. The notice must be delivered
by certified or express mail, and must be made within sixty days of the
expiration of the Lemon Rights Period. After receiving notice, the manufacturer
has ten days to instruct the consumer to bring the vehicle to an authorized
repair shop for a final repair attempt.
When does the Florida New Motor Vehicle Arbitration Board handle a
Florida lemon law settlement?
If the manufacturer has an approved informal settlement board in place,
the consumer must attempt to receive satisfaction through that board before
filing a claim with the Florida New Motor Vehicle Arbitration Board. The
settlement will be heard by the Florida New Motor Vehicle Arbitration
Board only if the manufacturer has no certified settlement board in place,
if the consumer is not satisfied with the remedies offered by the manufacturer,
or if the manufacturer's settlement process has not made a decision within
45 days. A claim must be made with the Florida New Motor Vehicle Arbitration
Board within 60 days of the Lemon Rights Period or 30 days after the final
action of the manufacturer's settlement board, whichever comes later.
What kind of settlement can I expect under Florida lemon law?
According to the Florida lemon law, the manufacturer must offer you a
refund of your purchase price or a new replacement vehicle if your vehicle
is found to be a lemon. The refund consists of three types of expenses:
the contract price, including installed options, transportation fees,
and dealer preparation charges, collateral charges including sales tax,
tags, and registration fees, and incidental charges, which are expenses
that were directly influenced by the nonconformity such as towing charges
or alternative transportation.
Refunds can be offset by a reasonable charge for consumer use of the
vehicle, calculated by dividing the number of miles on the vehicle when
brought before the settlement board divided by 120,000 (or, in the case
of a recreational vehicle, 60,000), and then multiplying the result by
the contract price.
For the owner of a vehicle, the refund must include all three categories
of expenses minus the offset. For a lessee, the refund includes the deposit
and all payments made to the lessor, taxes, and incidental expenses, minus
offset. For a lessor, the refund includes lessee price minus lessee cost,
including rental charges, collateral charges, fees paid to obtain a lease,
and insurance paid for the lessee.
A replacement vehicle should be a new vehicle that is comparable to the
original, which is defined as having a value not exceeding 105% of the
value of the original vehicle. The manufacturer must still pay collateral
and incidental charges, and the consumer must still pay the offset.
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