Florida - Frequently Asked Questions - Your Lemon Law Rights®

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  • How does the Florida Lemon Law work? Does it apply to both New and Used Motor Vehicles?

    The Florida Motor Vehicle Warranty Enforcement Act, better known as the Florida Lemon Law, provides expansive protection
    to the purchasers and lessees of defective motor vehicles. The Florida Lemon Law gives the purchasers and lessees of
    these defective vehicles the right to seek a refund or replacement for their vehicle if it suffers from a defect or
    non-conformity that substantially impairs the vehicle’s use, value, or safety and the defect or non-conformity cannot
    be repaired within a reasonable number of attempts. While the

    Florida Lemon Law
    only applies to the sale or lease of new motor vehicles, the federal Magnuson-Moss Warranty Act picks up where the Lemon
    Law leaves off and provides additional protection to the purchasers and lessees of all consumer products, including
    used ones. So, whether your new or used car, truck, SUV, motorcycle, refrigerator, microwave oven, or other consumer
    product proves to be defective, federal and state lemon laws can be used to help provide you with relief.

  • Why should I hire a Lemon Law Attorney in the State of Florida?

    Simply put – to level the playing field! Car manufacturers represent some of the world’s biggest corporations. They have
    unlimited resources, which makes going it alone very difficult. Therefore, rather than trying to go toe to toe with
    such a big corporation, you may retain the experienced attorneys at Krohn & Moss, Ltd. Consumer Law Center® who
    will fight for your rights and who will only be paid if you get a recovery! If you hire Krohn & Moss, Ltd. Consumer
    Law Center® and do not win your case, we will not send you a bill for our time. We only get paid if you do!

  • How do I calculate a refund under the Florida Lemon Law?

    Calculating a refund under the Florida Lemon Law is very straightforward. You are entitled to what you put into your
    vehicle, including sales tax, finance interest, and other collateral charges added by the dealer less an offset for
    your use of the vehicle. The offset for your use is calculated by taking the vehicle’s purchase price and dividing that
    number by 120,000. This figure will tell you the per mile charge you will be assessed. The per mile charge is then multiplied
    by the number of miles driven up to the point that your case goes through arbitration, which is a pre-requisite before
    filing a legal complaint in a court of law. Should you not prevail at arbitration and your case goes into court, the
    mileage offset does not change. In other words, you will not be penalized for additional miles driven after arbitration.

  • How much time do I have to pursue a Lemon Law case in the State of Florida and how do I start a claim?

    The “term of protection” for the Florida Lemon Law is two (2) years from the date of the purchase or lease of a new motor
    vehicle. It is this time period that determines whether or not you have provided the manufacturer with a reasonable
    opportunity to repair your vehicle. Thereafter, Florida law provides you with an additional sixty (60) days to make
    a demand for arbitration with either the manufacturer’s informal dispute resolution mechanism or through the Florida
    Attorney General’s office. More specifically, the Florida Attorney General’s Office has a list of every car manufacturer
    who has adopted an informal dispute resolution program that has been certified by the State of Florida.

    If your manufacturer has a certified program, you must first go through the certified program to try and resolve your
    case. This process should take no more than 40 days pursuant to federal and state law and it can be done in writing
    in most instances. Further, this “informal” program is only binding on the manufacturer.  Therefore, if you
    are unsatisfied with the results of this program or the manufacturer has no certified program in place, you may then
    apply for arbitration with the Florida Attorney General. This type of arbitration program would require you to submit
    your case to a panel of three (3) impartial arbitrators who will listen to your dispute and determine if you are entitled
    to relief. While either party may appeal the decision of the Florida Attorney General’s Office, typically automobile
    manufacturers do not appeal if they lose at the arbitration level. If an appeal is filed, it is then filed in a county
    court, usually where you reside, and must be done so within thirty (30) days after the decision has been served on you.

  • What if it has been more than 2 years and sixty (60) days since I bought or leased my vehicle, do I have any other recourse?

    Yes. The federal Magnuson-Moss Warranty Act provides consumers in the State of Florida with five (5) years from the date
    the manufacturer breached its warranty, i.e. broke its promise to repair, to bring a claim for relief.

  • What documents do I need to provide to prove that my vehicle is a lemon in the State of Florida?

    Technically speaking, you don’t need any documents, because your attorneys can assist you to obtain these documents if
    your dealer will not cooperate in providing you with copies. However, to better assist the attorneys at

    Krohn & Moss, Ltd. Consumer Law Center®
    to determine if you qualify for relief, they would like to see your repair records from the dealer and a copy of your
    purchase documents so they can calculate how much you would be entitled to recover under the law. They will review your
    case at no charge and provide you with a free consultation to advise you as to what laws you qualify for. So if you
    have a car or other consumer product that is a lemon, contact Krohn & Moss, Ltd. Consumer Law Center® toll free
    at 800-875-3666 or by completing a

    free case review

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