Not all new cars live up to their promise. Sometimes the problems are huge, and sometimes the vehicle’s problems are small but many. These problems are typically covered by a manufacturer’s warranty.
In Florida, as in many states, when the manufacturer fails to live up to the warranty, there are consumer protections. These protections are found in The Motor Vehicle Warranty Enforcement Act, commonly known as the “lemon law”.
Cars Covered by the “Lemon Law”
The lemon law coverage covers new cars purchased for personal, household or family purposes during the first 24 months from the date of purchase. This period covers original owners as well as subsequent owners within those 24 months who purchased the vehicle for the same purposes.
Vehicles covered by the lemon law include the following:
- New Cars
- Demonstrators
- Vehicles Leased for More than One Year
- The Mechanical Portions of RV (excluding living quarters)
Vehicles Excluded from Coverage
- Off-Road Vehicles
- Motorcycles
- Mopeds
- Trucks weighing more than 10,000 Pounds
Recurring Defects or Nonconformities Covered
The Lemon Law does not cover all possible defects. The law defines defects covered as those “nonconformities” that significantly impair a vehicle’s use, value or safety. If a defect occurs because of an accident, abuse, neglect, modification or alteration by someone other than the manufacturer or its authorized service agent the law does not apply.
Notice to the Manufacturer
For a new car purchased in Florida to be covered the consumer needs to notify the manufacturer, not the dealer of the following:
If a defect is recurring, after three unsuccessful attempts to repair the same defect, the consumer must give the manufacturer written notice allowing one final attempt to repair the nonconformity.
If the car is out of service for a total of 15 days or more, the consumer must give the manufacturer written notice of that fact and a chance to repair or inspect the vehicle. If the vehicle is out of service for a total of 30 days or more (60 days if an RV), the defects are presumed to be nonconforming.
Consumer Remedies for Cars that cannot be Fixed
If a covered vehicle cannot be repaired, the consumer has two possible remedies. One possible remedy is a refund of the purchase price, and the other is for the manufacturer to replace the vehicle with either an identical vehicle or its reasonable equivalent.
The refund may not be the full purchase price, as there is an offset for the consumer’s use of the car. The replacement vehicle option also includes a reasonable offset for use. There is a formula in the law to calculate the offset.
Process for Protection Under the Lemon Law
There is a process for consumers that do not receive satisfaction following the all attempts to fix a vehicle’s nonconformities. There are a series of steps designed to solve the problem, and if there is not satisfaction at a given level the consumer may proceed to the next level.
For a consumer to avail himself of the Lemon Law’s protections, the following process must be observed:
- Notice to Manufacturer (Notice to Dealer will not trigger the Lemon Law)
- Manufacturer’s Original Appeals Process (State certified process)
- The Florida New Motor Vehicle Arbitration Board
- Appeal to the Circuit Court
The Lemon Law is not the Consumer’s Only Remedy
While the Florida process is available to consumers and is designed to get results in a timely manner, consumers have other possible avenues to pursue when faced with problems following a vehicle purchase. These can include federal law, most notable the Magnusson-Moss Warranty Act. There may be damages separate and apart from those defined in the Lemon Law or the consumer may have been the victim of unfair or deceptive trade practices.
