Cecily Zamora
Florida's Motor Vehicle Lemon Law protects consumers who have purchased a defective vehicle. If a manufacturer fails to repair a defect within a reasonable number of attempts, the consumer is entitled to a refund or replacement. To qualify for compensation, consumers must first allow the manufacturer to attempt to resolve the issue. If this fails, consumers may then invoke their rights through arbitration. If a consumer is dissatisfied with the outcome of the arbitration, they may file their claim with the courts. While it is not required to have a lawyer during the arbitration process, it is recommended to improve the chances of success.
| Characteristics | Values |
|---|---|
| What is covered under the Florida Lemon Law? | The Lemon Law covers defects or conditions that impair the use, value, or safety of a new or demonstrator vehicle (these are called "nonconformities") |
| What is not covered under the Lemon Law? | Towable RVs, the "living facilities" of motorized RVs, defects that result from accident, neglect, abuse, modification, or alteration by persons other than the manufacturer or its authorized service agent |
| Who can qualify for arbitration under the Lemon Law? | The vehicle in question must have been sold (or leased) in Florida and must not have been for resale purposes. The purchase must fall into one of the following categories: 1. The vehicle is used for personal, family, or household purposes 2. The vehicle was acquired from the first owner for the same purposes during the first owner’s first 24 months of ownership 3. The owner or lessee is a person who is entitled to enforce the warranty |
| What is the Lemon Law Rights Period? | The first 24 months after the date of delivery of the motor vehicle to the consumer |
| What to do if the manufacturer fails to correct the defects? | If the manufacturer has failed to correct one or more nonconformities within a reasonable number of attempts but does not provide a refund or a replacement vehicle, consumers may invoke their rights through arbitration |
| What is the process for arbitration? | Consumers must request arbitration before the board with respect to a claim arising during the Lemon Law rights period no later than 60 days after the expiration of the rights period, or within 30 days after the final action of a certified procedure. The consumer must submit a Request for Arbitration Form to the Department of Legal Affairs with all available documents that support the claim |
| What are the timelines for arbitration? | The board will hear the dispute within 40 days of receiving the request for arbitration. If the board decides the case in favor of the vehicle owner or lessee, the manufacturer must comply with the decision within 40 days of its receipt |
| What are the options if dissatisfied with the arbitration ruling? | The next step is to file a claim with the courts. The Florida Lemon Law includes fee-shifting provisions that require manufacturers to pay the legal fees of consumers who win their Lemon Law case in court |
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What You'll Learn
Florida Lemon Law rights period
The Lemon Law Rights Period in Florida is the first 24 months after the date of delivery of the motor vehicle to the consumer or first owner. This period is not terminated by the sale of the vehicle to a subsequent purchaser. This means that the lemon law rights period applies to second and third owners as long as the defects are brought to the manufacturer's attention within the first 24 months following the delivery of the vehicle to the first purchaser.
During the Lemon Law Rights Period, if a vehicle does not conform to the warranty and the consumer first reports the problem to the manufacturer or its authorized service agent, the manufacturer or its agent must make the necessary repairs to conform the vehicle to the warranty. These repairs are to be made at no cost to the consumer if carried out during the term of the manufacturer's written express warranty.
If the manufacturer fails to conform the vehicle to the warranty after a "reasonable number of attempts" to repair the defects, the manufacturer is required to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accidents, neglect, abuse, modification, or alteration by persons other than the manufacturer or its authorized service agent. Consumers should not delay in reporting problems as this may result in a loss of valuable time and protection.
If the manufacturer has failed to correct one or more nonconformities within a reasonable number of attempts and does not provide a refund or replacement vehicle, consumers may invoke their rights through arbitration. If the manufacturer has a state-certified program, the dispute must first be submitted for arbitration to the manufacturer-sponsored program. If the manufacturer does not have a state-certified program, the vehicle owner or lessee can apply directly to the Florida Attorney General's Office to have the dispute arbitrated by the Florida New Motor Vehicle Arbitration Board.
Requests for arbitration must be filed with the manufacturer's certified program (if applicable) or with the Attorney General's Office if there is no certified program, by no later than 60 days following the expiration of the Lemon Law Rights Period. If a decision is not made by the certified program within 40 days of filing, or the consumer is not satisfied with the decision, the consumer may apply to the department to have the dispute submitted to the Florida New Motor Vehicle Arbitration Board for arbitration.
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Manufacturer's responsibility
If a consumer discovers defects or conditions that impair the use, value, or safety of a new or demonstrator vehicle, they must report these issues to the manufacturer during the "Lemon Law Rights Period". This period covers the first 24 months after the vehicle's delivery to the consumer.
The manufacturer or its authorized service agent, typically a dealership, must then correct these "nonconformities" within a reasonable number of repair attempts. If the manufacturer fails to do so, they are required by law to buy back the defective vehicle and provide the consumer with either a refund or a replacement vehicle.
To initiate this process, the consumer must provide written notification to the manufacturer using the Motor Vehicle Defect Notification form. This form can be found in the "Consumer Guide to the Florida Lemon Law" booklet, which the selling/leasing dealer is obligated to provide to the consumer at the time of vehicle acquisition. Alternatively, the consumer can call the Lemon Law Hotline to request the guide.
If the manufacturer has a state-certified informal dispute settlement program, the consumer must first seek relief through this program. Information on how and where to file a claim with the program should be provided in the vehicle's warranty booklet or owner's manual. If the manufacturer does not have such a program, the consumer can apply directly to the Florida Attorney General's Office to have the dispute arbitrated by the Florida New Motor Vehicle Arbitration Board.
It is important to note that the consumer must keep records of all repairs, maintenance, and associated documentation. This includes written repair orders, dates of repairs, odometer mileage, and any relevant receipts or invoices.
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Filing a claim
Florida's Motor Vehicle "Lemon Law" protects the purchasers and lessees of defective motor vehicles. The law requires that the manufacturer or its authorized service agent, usually the dealer, make the necessary repairs to the vehicle to conform it to the warranty. If the manufacturer fails to do so within a "reasonable number of attempts", the consumer is entitled to a refund or a replacement vehicle.
To qualify for arbitration under the Lemon Law, the vehicle in question must have been sold or leased in Florida and not for resale purposes. The purchase must fall into one of the following categories:
- The vehicle is used for personal, family, or household purposes.
- The vehicle was acquired from the first owner for the same purposes during the first owner's first 24 months of ownership.
- The owner or lessee is a person who is entitled to enforce the warranty.
The Lemon Law rights period is the first 24 months after the date of delivery of the motor vehicle to the consumer. Defects must be first reported during this period. However, consumers have up to five years from the date of the breach of warranty to file a claim.
If the manufacturer has a state-certified informal dispute settlement program, the owner or lessee must first seek relief through this program. If the manufacturer does not have a state-certified program, or if the program fails to make a decision within 40 days, the consumer can apply to the Florida Attorney General's Office to have the dispute arbitrated by the Florida New Motor Vehicle Arbitration Board.
To initiate the process, the consumer must submit a Request for Arbitration Form, which can be obtained from the Attorney General's Office or by calling the Lemon Law Hotline at 800-321-5366 or 850-414-3500. The consumer will then need to provide all relevant documentation to support their claim. The board will generally hear the dispute within 40 days, and if the case is decided in favor of the consumer, the manufacturer must comply with the decision within 40 days of receiving it.
It is important to note that if a claim is found to have been filed in bad faith or solely for the purpose of harassment, the consumer may be liable for all costs and reasonable attorney's fees incurred by the manufacturer.
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Arbitration
If a consumer believes they have purchased a "lemon"—a vehicle with defects that impair its use, value, or safety—they may be able to seek recourse through Florida's Motor Vehicle "Lemon Law". This law provides a process for consumers to resolve disputes with manufacturers and, if successful, obtain a refund or replacement vehicle. To qualify for arbitration under the Lemon Law, the vehicle in question must have been sold or leased in Florida and not for the purpose of resale. The vehicle must also fall into one of the following categories:
- The vehicle is used for personal, family, or household purposes.
- The vehicle was acquired from the first owner for the same purposes during the first owner's first 24 months of ownership.
- The owner or lessee is a person who is entitled to enforce the warranty.
The Lemon Law rights period extends 24 months after the delivery of the vehicle to the first owner. Consumers should keep in mind that there are specific filing deadlines for arbitration claims, which must be filed no later than 60 days after the expiration of the Lemon Law rights period.
If a consumer believes they have a valid claim under the Lemon Law, they can initiate the arbitration process by filing a "Request for Arbitration" form with the appropriate entity. If the manufacturer has a state-certified informal dispute settlement program, the consumer must first seek relief through that program. If the manufacturer does not have a state-certified program, or if the consumer is not satisfied with the outcome of that program, they can then file for arbitration with the Florida New Motor Vehicle Arbitration Board, administered by the Office of the Attorney General. This board, composed of three members, will hear the dispute and make a decision. The consumer has the right to request a continuance of the hearing, but this will waive the 40-day period for a decision. During the hearing, both the consumer and the manufacturer will have the opportunity to present their side of the dispute, including testimony and supporting documents. If the board decides in favor of the consumer, the manufacturer must comply with the decision within 40 days.
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Legal fees
If you are considering filing a lemon law claim in Florida, it is important to understand the legal fees associated with the process. The good news is that, in Florida, lemon law claims are designed to protect consumers from incurring legal costs. In fact, if your claim is successful, the law requires the vehicle manufacturer to pay all your legal fees on top of any compensation owed. This includes attorney's fees, court filing fees, and other out-of-pocket expenses like expert fees.
However, it is important to note that attorney's fees are not recoverable in an arbitration proceeding before the Florida New Motor Vehicle Arbitration Board. Attorney's fees can only be recovered if you appeal to the circuit court and win your case. If your claim is found to be filed in bad faith or for the purpose of harassment, you may be liable for the manufacturer's legal costs and attorney's fees.
Before hiring an attorney, it is recommended that you understand their fee structure. Most reputable lemon law attorneys will offer an initial, no-cost consultation to assess the strength of your case and explain their fee structure. Some firms work on a "no-win, no-fee" basis, meaning they only charge for their services if they successfully collect compensation for their clients.
To initiate a lemon law claim in Florida, you must first give the manufacturer an opportunity to repair the defect. If the manufacturer fails to repair the defect after a "reasonable number of attempts," you can then proceed with legal action. It is important to note that there are strict time limits for filing a claim, and you must act within the specified timeframe to preserve your rights under the Florida Lemon Law.
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Frequently asked questions
The Lemon Law Rights Period in Florida is the first 24 months after the date of delivery of the motor vehicle to the consumer.
If the manufacturer has a state-certified informal dispute settlement program, the owner or lessee must first seek relief through the program. If the manufacturer does not have a state-certified program, the vehicle owner or lessee can apply directly to the Florida Attorney General’s Office to have the dispute arbitrated by the Florida New Motor Vehicle Arbitration Board.
The Lemon Law covers defects or conditions that substantially impair the use, value, or safety of a new or demonstrator vehicle. The defects must be first reported during the Lemon Law Rights Period.
You need to provide the manufacturer with written notice of the defect via certified, registered, or express mail. After that, you need to grant the manufacturer one final attempt to repair the defect. If this final attempt fails, you must submit a Request for Arbitration Form to the Department of Legal Affairs with all available documents supporting your claim.
Although there is no explicit mention of refiling a claim, you can take legal action if you are not satisfied with the outcome of the arbitration. You can file your claim with the courts if you are dissatisfied with the ruling.
