The Florida Lemon Law

How Florida's New Motor Vehicle Warranty Act Works

May 14, 2009 Suzanne Bechard

Florida Lemon Law is a consumer protection law that covers new vehicles with defects or conditions that substantially impair their use, value or safety.

When it enacted the Lemon Law, Florida's Legislature recognized that a motor vehicle is a major purchase for consumers, and that a defective vehicle can create a hardship. The Legislature's intent was for good faith vehicle warranty complaints to be resolved within a specified period of time. Florida's Lemon Law establishes the procedures for a consumer to receive a replacement vehicle or a full refund for a vehicle which cannot be conformed to the warranty.

Vehicles Covered by Florida's Lemon Law

Florida's Lemon Law applies to:

New vehicles sold in Florida.
Demonstrator vehicles sold in Florida.
New and demonstrator vehicles leased in Florida if they are lease-purchased, or if the lease is for one year or more and the lessee is responsible for repairs.

When consumers purchase or lease a vehicle to which the Lemon Law applies, the dealer must provide them with a publication called the "Consumer Guide to the Florida Lemon Law." This booklet explains the consumer's rights under the Lemon Law, advises on the steps to follow to resolve problems, gives the toll-free number for the Lemon Law Hotline, and provides a form the consumer may use to notify the manufacturer of a defect.

Vehicles Not Covered by Florida's Lemon Law

Florida's Lemon Law does not apply to:

Trucks that weigh more than 10,000 pounds gross vehicle weight.
Off-road vehicles.
Vehicles purchased for the purpose of resale.
Motorcycles and mopeds.
The living facilities of recreation vehicles.

How the Florida Lemon Law Works

The Lemon Law in Florida covers defects or conditions that substantially impair the use, value or safety of the vehicle. The defect must first be reported to the manufacturer or the dealer (the "authorized service agent") during the "Lemon Law Rights Period." The rights period is the first 24 months after the delivery date of the vehicle to the consumer.

If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts, the Lemon Law requires the manufacturer to give the consumer a full refund or a replacement vehicle. The consumer must first follow the procedures for notifying the manufacturer of the problem, and the manufacturer must be given a final opportunity to inspect or repair the vehicle.

Recurring Problem with the Vehicle

If the vehicle has been taken to the dealership for repair of the same recurring problem at least three times, the consumer must give the manufacturer written notification by certified, registered or express mail to trigger the operation of the Lemon Law. The law affords the manufacturer a final opportunity to repair the vehicle, but it must contact the consumer within ten days after receipt of the consumer's notification to schedule the final repair attempt.

One or More Different Problems with the Vehicle and Time Out of Service

If the vehicle has been in the dealership for repair of one or more different problems for 15 or more cumulative days, the consumer must give the manufacturer written notice. After the manufacturer receives the notice, it must have an opportunity to inspect or repair the vehicle. The consumer may be eligible for a refund or replacement vehicle if the vehicle is out of repair for a cumulative total of 30 or more days.

If the manufacturer does not provide a refund or replacement for a defective vehicle, the consumer may invoke his or her right to have the matter proceed to arbitration.

Sources:

Chapter 681, Florida Statutes (2008).

Office of the Florida Attorney General

The copyright of the article The Florida Lemon Law in Law, Crime & Justice is owned by Suzanne Bechard. Permission to republish The Florida Lemon Law in print or online must be granted by the author in writing.

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