Florida Lemon Law

The Florida state lemon law is known as “Motor Vehicle Warranty Enforcement Act” which is Title XXXIX, Chapter 681 of the Florida legal code. Florida protects motor vehicles that are self-propelled, sold in the state Florida, and used to transport people or property. Other motor vehicles included are recreational vehicles and leased vehicles who come with warranties. It does not include used vehicles, off-road vehicles, motorcycles, mopeds, or living areas of recreational vehicles (681.102(15)).

The consumer has Florida lemon law protection for 24 months after the original delivery of the vehicle (681.102(10)). The manufacturer guarantees in the warranty that the car should run as promised and if does not it will take the necessary steps to fix it. If the vehicle is having problems of nonconformity, then the consumer is entitled under law to receive a refund or replacement. However, the manufacturer must have a reasonable number of attempts to repair or fix the nonconformities of the vehicle. Nonconformity, according to section 681.102(16), is defined as a “defect or condition that substantially impairs the use, value, or safety of a motor vehicle.” It does not include abuse, modifications, alterations, etc that have been done by someone else than the manufacturer. If shall be presumed that a reasonable number of attempts have been made on the vehicle, if (681.104):

• The manufacturer, its agent, or authorized dealer has had at least three attempts to fix the same problem of nonconformity.
• The vehicle has been out of service for nonconformity repairs for a cumulative of 15 or more days, unless repair could not be performed due to circumstances beyond the manufacturer’s control. (This is the presumption. In order for refund/replacement the vehicle must be in for 30 or more cumulative days.)

If the vehicle has had a reasonable number attempts to be fixed and the consumer believes there is still a problem of nonconformity, and the manufacturer has given a refund or replacement, then the consumer may proceed to file a lemon claim. First, he must given written notification to the manufacturer about the nonconformity. The manufacturer will have 10 days to repair the problem. If cases of the vehicle being out of service, the manufacturer may have one final time to inspect or repair the vehicle (681.105). If the manufacturer fails to complete these steps, then the consumer may proceed with his lemon law rights. If the manufacturer of the vehicle has a dispute settlement program that is certified through the state, then the consumer must proceed through that program. If a decision is not rendered within 40 days or the consumer is not satisfied with the arbitration decision, he may then proceed to Florida’s New Motor Vehicle Arbitration Board. Once again, if the consumer is not satisfied with state’s decision, he may proceed into civil court to seek its protections under the state lemon law. The state decision, however, may be admissible in civil court. The manufacturer may argue against the consumer’s lemon claim with the defenses (681.104(4)):

• The alleged nonconformity does not substantially impair the use, value, or safety of the motor vehicle;
• The nonconformity is the result of an accident, abuse, neglect, or unauthorized modifications or alterations of the motor vehicle other than the manufacturer or its authorized service agents.
• The claim by the consumer was not filed in good faith.
• Any other affirmative defense allowed by law may be used as well.

If the consumer wins the case in any of these three steps, he is entitled to a refund or replacement with the discretion to choose either one. The replacement, according to section 681.102(22), is a “motor vehicle which is identical or reasonably equivalent to the motor vehicle to be replaced.” In the cases of a refund, the consumer will be entitled to be reimbursed any incidental or collateral fees he may have incurred. A deduction will be made to the refund value known as “reasonable offset for use” (681.102(20)). The value is calculated by taking the number of miles driven up to the date of the settlement agreement or arbitration hearing, whichever comes first, multiplied by the purchase of the vehicle, divided by 120,000.

If the manufacturer accepts the return of the motor vehicle it must notify the state and report the vehicle’s identification number within 10 days of the return (681.114(1)). No one in the state of Florida will have the power to sale or lease the vehicle without informing the prospective buyer of the history of the vehicle’s nonconformity, clearly and conspicuously. The Department of Legal Affairs will provide the guidelines on the disclosure. The manufacturer shall provide a guarantee to correct the problem of nonconformity for the new consumer within the first 12 months after the deliver or 12,000 miles, whichever comes first.