Florida's Lemon Law
Does my state have a New Car Lemon Law?
Yes, it is Florida
Statute Ann. § 681.10.
What types of vehicles are covered?
This law covers motor vehicles that were sold or leased in
the state of Florida; are used primarily for personal, family or household
purposes; and transport persons or property. This includes demonstrator vehicles
and vehicles that are leased with a warranty.
The law does not cover off-road vehicles, mopeds, trucks
that weigh more than 10,000 pounds, the living facilities of recreational
vehicles, and motorcycles.
For how long and for how many miles
does the Lemon Law provide protection?
The term of protection is for the first 18 months or
24,000 miles from the date of delivery, whichever occurs first.
It is during this term of protection that you must notify
the manufacturer of the defect; you may still seek relief under the Lemon Law
even after this term of protection ends, as long as the manufacturer was
notified of the defects during this period.
What types of defects are covered?
It covers defects that substantially impair the use,
safety, or market value of the vehicle, and that are not the result of an
accident, abuse, neglect, or unauthorized modifications or alterations you may
have made to the vehicle.
What do I need to do before I can claim
that my car is a lemon?
Step one: The
vehicle must have been taken in for a reasonable number of attempts to repair
the defect(s). It is already presumed that your vehicle has undergone a
reasonable number of attempts - and therefore that it is a lemon - in the
following situations:
- If you have taken the car in for at least
three repair attempts for the same defect, and the defect continues
to exist;
- Or, if the car has been out of service
for a cumulative total of 30 or more calendar days while being repaired
for any number of defects, and the defect continues to exist.
Your claim will be made easier if you have documentation
(repair orders) proving three repair attempts or 30 days out of service.
Step two: After
either three repair attempts or 30 days out of service, you must provide - by
registered or express mail - written notification to the manufacturer (not
the dealer), giving the manufacturer a final opportunity to repair the defect.
If you provide such notice after the first 12 months or
12,000 miles, you may be required to pay for repairs if they are not covered
by the warranty.
Step three:
After the manufacturer receives your notice of final opportunity to repair, it
has 10 days to direct the consumer to a repair facility; this facility then
has up to 10 days from receipt of the vehicle to fix it.
What if my problem does not fit the
requirements of my state's Lemon Law?
If your vehicle does not meet the term of protection or
other specifics of the Lemon Law, it does not mean that your rights stop there.
You still may be able to invoke the Lemon Law as long as you can justify that
the number of repair attempts or days out of service you encountered were
unreasonable.
You may also have other rights under other state and
federal laws, such as the following: the federal Magnuson-Moss
Warranty Act ; the Uniform Commercial Code (UCC) your service contract or extended warranty
secret warranties; implied warranties; express warranties; unfair and deceptive acts and practices
(UDAP); and strict liability and negligence.
Consult an attorney, or the Florida
Division of Consumer Services of the Department of Agriculture and Consumer
Services, or the Center for Auto Safety to determine
which remedy would be best for your situation.
What are my options for action under
the Lemon Law?
If your manufacturer either fails to make a final attempt
to repair the defect, or if the defect still exists after such an attempt, you
may seek to receive a replacement vehicle or a refund via the following options:
Arbitration: Arbitration - also known as informal
dispute settlement - is an informal process that consumers may use to obtain
speedy resolution of a warranty dispute without having to go to court, and it is
legally binding. At an arbitration hearing, the seller and buyer testify before
an arbitrator about the defects and repair history of the vehicle. There are two
types of arbitration for new cars:
- Manufacturer's
Arbitration Program: Although Florida law does permit you to file a
lawsuit or to use the state's arbitration program under the Lemon Law,
before you may do so the law requires that you first use the manufacturer's
arbitration program, if it has one that is certified in Florida.
You can find out if your manufacturer sponsors a
certified arbitration program by reading the information accompanying your
warranties, asking your dealer for information, or contacting the Florida
Department of Agriculture and Consumer Services .
The manufacturer has 40 days from the day on which
they first received your request to use the program in which to render a
decision on your case.
- State-run arbitration: If the manufacturer does
not have a certified program, if the certified program fails to render a
decision within 40 days, or if you are dissatisfied with the certified
program's decision, you may submit your dispute to the state's New Motor
Vehicle Arbitration Board. You must use this state program before you may
file a lawsuit under the Lemon Law. To do this, take the following steps:
You need to call the Lemon Law
Hotline to obtain a Request for Arbitration form, which you then submit
to the Department of Agriculture and Consumer Services. You may submit this
request up to six months after the Lemon Law term of protection expires; if
you went through a manufacturer's certified procedure first, you must
submit your case within 30 days of final action by the manufacturer's
procedure.
If the board approves your case for arbitration, a
hearing will be scheduled within 40 days.
The case is dismissed if the board rules in favor of
the manufacturer.
After the decision, either side may file an appeal
with the circuit court within 30 days. To protect the consumer, a judge may
double or triple damages if the manufacturer appeals a case in bad faith.
Court Action: If you do not accept the decision of
the state's arbitration program, you may file a lawsuit against the
manufacturer. The lawsuit must be filed within one year of final action in
arbitration. If you do seek court action, you should consult
an attorney.
What are the possible outcomes?
If the above criteria are met, you may choose either a
refund or a replacement vehicle (with a similar-model new vehicle).
In your refund, the manufacturer is entitled to deduct a
"reasonable allowance" for vehicle use, based on number of miles
driven from date of delivery. Beyond that, you are entitled to receive the full
purchase price plus collateral charges.
If the manufacturer can prove that it has not had a
reasonable opportunity to repair your car, you will not be entitled to a refund
or a replacement vehicle. For example, if they can prove that the number of
repair attempts was not "reasonable" because you did not follow the
terms of the warranty or because some event (such as a labor strike, war, or
natural disaster) prevented timely repairs, the Lemon Law will not help you.
If the manufacturer can prove that no problem exists or
that the problem does not substantially impair the vehicle's use, value, or
safety, then you will not get your refund or replacement.
If the defect was the result of abuse, neglect,
unauthorized alterations or modifications, or an accident, the Lemon Law will
not apply.
Does the manufacturer have to tell
potential purchasers of the car that it was deemed a lemon?
Yes, full disclosure is required.
In addition, the title must be stamped with the phrase
"manufacturer's buyback," and the manufacturer must warrant the defect
for one year or the first 12,000 miles after the vehicle is resold.
Does my state have a Used Car Lemon Law?
No.
Are there any other actions I can seek if I have a used
car that may be a lemon?
Yes. See "What if my problem does
not fit the requirements of the Lemon Law?" above.
Contact Information:
Whom do I contact for help or if I have questions about the New Car Lemon Law?
Florida Office of the Attorney General, Lemon Law
Division:
The Collins Building, 107 West Gaines Street, Ground Floor, Tallahassee, FL
32399-1050 ; 850-414-3300
Florida Office of the
Attorney General, Lemon Law Division
Florida Department of Agriculture and Consumer
Services, Division of Consumer Services:
407 South Calhoun Street, Mayo Building, 2 Floor, Tallahassee, FL 32399-0800
800-435-7352 (from within FL only), or 904-488-2221
Florida Lemon Law Hotline: 1-800-321-5366 (from within FL only) or (850)
488-2221
Florida Bar Association, Lawyer Referral Service:
The Florida Bar, 650 Apalachee Parkway, Tallahassee FL 32399-2300 ; 800-342-8060
Florida
Bar Association
Center for Auto Safety (CAS):
2001 S Street NW, Washington DC 20009-1160 ; 202-328-7700
CAS is a non profit consumer
group specializing in auto issues. They can help you find out about safety
recalls, Lemon Laws, secret warranties, and other general information.
National Highway Traffic Safety Administration (NHTSA):
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 800-424-9393
NHTSA can give you information on
the safety recall history of your vehicle.
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