For 25 years now, the Florida Lemon Law program has evolved as a model for consumer protection efforts for other states and even other countries to follow. Consumers in Florida can count on the Florida Lemon Law program if their new car turns out to be a lemon. $376 million in relief alone shows the value of this free consumer service as the Florida Lemon Law Arbitration program. With a few exceptions, a previously titled vehicle (used car) is not covered by the Florida Lemon Law.
The Florida Lemon Law program DOES NOT COVER
- Used Cars
- Vehicles that run only on tracks
- Off-road vehicles
- Trucks over 10,000 pounds gross vehicle weight
- Motorcycles and mopeds
- The living facilities of recreational vehicles
The Florida Lemon Law applies to new or demonstrator motor vehicles which are sold or leased in the State of Florida.
The nonconformity in your vehicle that entitles you to the Florida Lemon Law protection:
A substantial defect or condition is a problem that substantially impairs the use, value, or safety of the vehicle. Minor or trivial defects, or defects caused by accident, abuse, neglect, modification or alteration by anyone other than an authorized service agent are not covered.
There must be three repair attempts for the same defect or condition, OR at least 15 cumulative calendar days out of service for one or more defects or conditions, before submitting the Motor Vehicle Defect Notification (MVDN). If you have either at least three failed repair attempts for the same problem or at least 15 cumulative calendar days out of service, you must file the MVDN by registered mail, return receipt requested to the manufacturer to give the manufacturer a final repair attempt or inspection on your vehicle.
If your complaint is based on the vehicle being out of service for 15 or more days the manufacturer or its authorized agent has the opportunity to inspect or repair the vehicle. If the vehicle still does not conform to the warranty for a total of 30 or more days and the manufacturer has had the opportunity to repair, you are entitled to request arbitration.
The Florida Lemon Law gives manufacturers a reasonable number of chances to repair substantial defects in a motor vehicle.
If manufacturers fail to do so, they are required to
- Buy back the defective vehicle
- Pay a refund to the consumer
- Provide a replacement vehicle
Consumers are protected under the Lemon Law for 24 months after the date of delivery of the vehicle. Anyone who experiences problems with a new vehicle during that period should immediately take the vehicle to the manufacturer’s authorized dealer.
If you put the manufacturer on notice for the defects or conditions, the manufacturer has 10 days from receipt of the MVDN to respond and direct you to a reasonable accessible repair facility to have a final repair attempt or inspection on your vehicle.If you receive no response from the manufacturer within 10 days after the date of receipt, the law states the manufacturer has then waived his right to the final repair attempt and you may proceed with yourFlorida Lemon Lawrights.
Since 1988, Florida’s Lemon Law unit has handled 20,178 cases. The total dollar value of the recoveries is $376,156,729 with additional cases pending. The Florida Lemon Law Program has been so successful that representatives from Japan, Great Britain and Australia have sought information from Florida to assist with their efforts to develop lemon laws in those countries.
Florida’s Lemon Law Arbitration Program is celebrating its 20-year anniversary. Florida’s Lemon Law Arbitration Program has excelled a $376 million mark in refunds and replacements for consumers who unwittingly bought defective vehicles. Over the past 25 years, the Florida Lemon Law program has produced refunds or replacement vehicles for more than 14,000 consumers.
Disclaimer: This information is not intended as legal advice. Please direct your specific questions to K&M attorneys and know more about your lemon law rights. If you want to pursue your lemon law claim, call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn&Moss for your FREE initial consultation. Or submit your information online for your free case evaluation.