Gavin Howe
Florida's Lemon Law gives consumers a straightforward process for bringing a legal claim against an automaker and making the automaker repair, replace, or refund the price of the vehicle. The law also requires the automaker to pay the consumer's attorney fees. While there is no explicit mention of filing a second lemon law claim in Florida, the law does outline specific procedures and requirements that must be followed when filing a claim. These include providing written notice of the defect, allowing the manufacturer an opportunity to resolve the issue, and adhering to specified time frames for filing a claim and initiating the arbitration process. It is important to note that each state has its own unique Lemon Laws, and consumers should consult with a licensed attorney to receive accurate and reliable legal advice regarding their specific situation.
| Characteristics | Values |
|---|---|
| What is the Lemon Law? | A law that gives individual consumers a straightforward process for bringing a legal claim against an automaker, and makes the automaker repair, replace, or refund the price of the vehicle and pay the consumer's attorney fees. |
| Who does it apply to? | Consumers who purchase a used lemon in Florida may be entitled to compensation. |
| What is the process? | Consumers must first try to resolve the matter via the manufacturer's informal dispute resolution program. If this does not resolve the issue, the consumer can file a Request for Arbitration Form with the Florida Attorney General's Office or a state-certified arbitration program. If the consumer is still dissatisfied, they can file a lawsuit. |
| What are the requirements for a claim? | The vehicle must have been sold or leased in Florida and not for resale purposes. It 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; or 3) the owner or lessee is a person who is entitled to enforce the warranty. The vehicle must have been out of service due to warranty defects for 30 consecutive days or more or have undergone three unsuccessful repairs for the same issue within the first 24 months. |
| What are the time limits? | The lemon law rights period is 24 months after delivery of the vehicle to the first owner. Consumers have an additional 60 days after this period to file an arbitration request. |
| What documents are needed? | Technically, no documents are required, but repair records, documents related to the sale of the vehicle, and documents detailing incidental costs will be useful. |
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What You'll Learn
Florida Lemon Law rights
Florida's Motor Vehicle Lemon Law provides remedies for consumers who purchase vehicles with "nonconformities" that have not been corrected "within a reasonable number of repair attempts". The Lemon Law covers defects or conditions that substantially impair the use, value or safety of a new or demonstrator vehicle. These defects must be first reported to the manufacturer or its authorized service agent (usually, this is the dealer) during the "Lemon Law Rights Period", which is the first 24 months after the date of delivery of the motor vehicle to the consumer.
To qualify for arbitration under the Lemon Law, the vehicle in question must have been sold (or leased) in Florida. The purchase must not have been for resale purposes and 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; or (3) the owner or lessee is a person who is entitled to enforce the warranty. It is important to note that the lemon law rights period extends 24 months after delivery of the vehicle to the first owner. The lemon law rights period is not terminated by the sale of the vehicle to a subsequent purchaser. That is to say, the lemon law rights period applies to second (and third) owners as long as the defects are reported and brought to the manufacturer’s attention within the first 24 months following delivery of the vehicle to the first purchaser.
If the manufacturer has a certified procedure, a consumer claim arising during the Lemon Law rights period must be filed with the certified procedure no later than 60 days after the expiration of the Lemon Law rights period. If a decision is not rendered by the certified procedure within 40 days after filing, the consumer may apply to the department to have the dispute removed to the board for arbitration. If a manufacturer has a certified procedure, a consumer claim arising during the Lemon Law rights period must be filed with the certified procedure no later than 60 days after the expiration of the Lemon Law rights period. If a consumer is not satisfied with the decision or the manufacturer’s compliance therewith, the consumer may apply to the department to have the dispute submitted to the board for arbitration.
If the manufacturer’s certified informal dispute settlement program does not decide the dispute within 40 days of the date the dispute is filed, or if the owner or lessee is not satisfied with the decision, the vehicle owner or lessee can then apply to the Florida Attorney General’s Office to have the dispute arbitrated by the Florida New Motor Vehicle Arbitration Board. If the manufacturer does not have a state-certified informal dispute settlement 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. Vehicle owners or lessees can obtain a Request for Arbitration Form from the Attorney General’s Office or by calling the Lemon Law Hotline at 800-321-5366 or 850-414-3500. Once the request is approved for arbitration by the Florida New Motor Vehicle Arbitration Board, the board will hear the dispute, generally within 40 days. The consumer may ask for a continuance of the hearing, but this will waive the 40-day period. The consumer does not need a lawyer for this hearing but may have one if desired. 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.
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Manufacturer's duty to conform to the warranty
In Florida, if a motor vehicle does not conform to its warranty, the consumer must first report the problem to the manufacturer or its authorized service agent during the Lemon Law rights period. The manufacturer or its agent must then make the necessary repairs to conform the vehicle to the warranty, even if these repairs are made after the Lemon Law rights period has ended. These repairs must be carried out at no cost to the consumer if they are made during the term of the manufacturer's written express warranty.
The Lemon Law rights period in Florida lasts 24 months after the delivery of the vehicle to the first owner. This period is not terminated by the sale of the vehicle to a subsequent purchaser, meaning it applies to second and third owners as long as the defects are reported to the manufacturer within the first 24 months following delivery to the original purchaser.
Manufacturers are required to provide consumers with clear and conspicuous notice of the address and phone number for their zone, district, or regional office in the state in the written warranty or owner's manual. Additionally, by January 1 of each year, manufacturers must submit a copy of the owner's manual and any written warranty for each make and model of the motor vehicle they sell in Florida to the Department of Legal Affairs.
At the time of acquisition, the manufacturer must also inform the consumer in writing about how and where to file a claim with a certified procedure if one has been established. This information should also be provided to the dealer, who is then responsible for passing it on to the consumer. The manufacturer must also provide the consumer with a written statement explaining their rights under the Lemon Law. This statement should include a toll-free number that consumers can call to obtain information about their rights and obligations or to initiate arbitration.
If a consumer's vehicle is examined or repaired under the warranty, the manufacturer, through its authorized service agent, must provide the consumer with a fully itemized and legible statement or repair order. This document should include details such as any test drives performed, the approximate length of the test drive, any diagnoses made, and all work performed on the vehicle.
If a manufacturer has a certified procedure in place, a consumer claim arising during the Lemon Law rights period must be filed with this procedure no later than 60 days after the expiration of the rights period. If no decision is made within 40 days of filing, or if the consumer is dissatisfied with the decision, they can apply to the Florida Attorney General's Office to have the dispute arbitrated by the Florida New Motor Vehicle Arbitration Board.
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Bad faith claims
Florida's Lemon Law states that a claim by a consumer that is found to have been filed in bad faith or for the sole purpose of harassment will result in the consumer being liable for all costs and reasonable attorney's fees incurred by the manufacturer or its agent. This means that if a court finds that a consumer has filed a claim under the Lemon Law in bad faith, the consumer may be responsible for paying the manufacturer's legal fees.
To establish bad faith, it must be shown that the consumer's claim was made without a reasonable basis or was intended solely to harass the manufacturer. This could include situations where the consumer is aware that their claim is false or baseless, or where the claim is made without properly investigating the issues.
It's important to note that the burden of proving bad faith rests with the manufacturer or its agent. They must demonstrate to the court that the consumer's claim was made in bad faith and provide evidence to support this allegation.
To avoid potential bad faith claims, consumers should ensure that they have a reasonable basis for their claim and that all relevant issues are properly investigated before filing. Seeking legal advice and carefully following the procedures outlined in Florida's Lemon Law can help consumers protect their rights and avoid potential penalties.
On the other hand, manufacturers who believe a claim has been filed in bad faith can raise this as a defence and seek to recover their costs and legal fees. This can be a complex process, and manufacturers should also seek legal advice to ensure they comply with the law and protect their interests.
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Dispute-settlement procedures
Initial Steps:
Before initiating a formal dispute, consumers are advised to take the following steps:
- Notify the Manufacturer: Consumers should formally notify the manufacturer of the defect and their intention to file a Lemon Law claim. This notification should be in writing and sent via certified, registered, or express mail.
- Allow for Repairs: After providing written notice, consumers must give the manufacturer a final opportunity to repair the defect. This step is crucial, as it demonstrates good faith and allows the manufacturer to rectify the issue.
Arbitration:
If the issue remains unresolved after the manufacturer's final repair attempt, consumers can proceed with the following arbitration steps:
- File a Request for Arbitration: Consumers must submit a Request for Arbitration Form to the appropriate authority. If the manufacturer has a state-certified informal dispute settlement program, the request should be filed with that program. If the manufacturer does not have a certified program, the request should be filed directly with the Florida Attorney General's Office or the Florida New Motor Vehicle Arbitration Board.
- Timelines for Filing: It is important to adhere to the filing deadlines. Consumers typically have up to 60 days after the expiration of the Lemon Law rights period to file their arbitration request. This period starts from the first 24 months of ownership or the first 24,000 miles, whichever comes first.
- Supporting Documentation: Along with the arbitration request, consumers should submit all relevant documentation supporting their claim. This includes repair records, documents related to the sale of the vehicle, and any other evidence that demonstrates the validity of their claim.
- Mediation and Arbitration Process: Once the arbitration request is approved, the dispute will be submitted to mediation first. This involves a neutral mediator helping both parties reach a mutually agreeable resolution. If mediation fails to resolve the issue, the dispute will be referred to arbitration, where an arbitrator will make a binding decision.
Legal Action:
If consumers are dissatisfied with the outcome of the arbitration process, they have the option to pursue legal action:
- File a Lawsuit: Consumers can file a lawsuit against the manufacturer if they believe their rights under the Lemon Law have been violated. However, it is important to note that legal action may incur additional costs and may not be necessary, as most cases are resolved through arbitration.
- Consult a Lemon Law Attorney: Engaging the services of a licensed Lemon Law attorney in Florida is highly recommended throughout the process. These attorneys are experienced in handling Lemon Law claims and can guide consumers through the complex legal landscape, improving their chances of a successful outcome.
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Arbitration eligibility
To qualify for arbitration under the Lemon Law in Florida, the vehicle in question must have been sold or leased in the state. The purchase must not have been for resale purposes and 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 extends 24 months after the delivery of the vehicle to the first owner. This period is not terminated by the sale of the vehicle to a subsequent purchaser. It applies to second and third owners as long as the defects are brought to the manufacturer's attention within the first 24 months following delivery to the first purchaser.
If the manufacturer has a certified procedure, a consumer claim arising during the Lemon Law rights period must be filed with the certified procedure no later than 60 days after the expiration of the Lemon Law rights period. If a decision is not made within 40 days of filing, or if the owner or lessee is not satisfied with the decision, the consumer may apply 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 disputes must be submitted to the RV Mediation/Arbitration Program, which is administered by DeMars and Associates. The dispute will first be submitted to mediation, where the parties can attempt to resolve the matter with the help of a neutral mediator. If no resolution is reached, the dispute will be referred to arbitration. The arbitrator will be limited to considering matters covered by the Lemon Law unless both parties agree in writing to expand the scope of the arbitration hearing.
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Frequently asked questions
Lemon laws in Florida give individual consumers a straightforward process for bringing a legal claim against an automaker, and make the automaker repair, replace, or refund the price of the vehicle and pay the consumer's attorney fees.
Before filing a lawsuit, consumers must try to resolve the matter via the manufacturer's informal dispute resolution program or an arbitration board. If consumers are dissatisfied with the outcome of arbitration, the next step would be to file a lawsuit against the manufacturer.
The lemon law rights period extends 24 months after delivery of the vehicle to the first owner. The lemon law rights period is not terminated by the sale of the vehicle to a subsequent purchaser.
Although there is no explicit mention of a limit to the number of lemon law claims one can file in Florida, it is important to note 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 delivery of the vehicle to the first purchaser.
