Florida's Lemon Law: Does It Cover Demonstrator Vehicles?

Florida's Lemon Law covers new or demonstrator vehicles sold or leased in the state. It provides remedies for consumers who experience vehicle defects or conditions that substantially impair the use, value, or safety of the vehicle (these are called nonconformities) that cannot be repaired after multiple attempts.

The law covers cars and trucks purchased for the transport of persons or property. It does not cover vehicles run only on tracks, off-road vehicles, trucks over 10,000 pounds, motorcycles, mopeds, or the living facilities of recreational vehicles.

The Lemon Law Rights Period is the first 24 months following the date the buyer received the vehicle, during which consumers may report a nonconformity and pursue their rights under the law. After 24 months, a consumer has 60 days to file a lemon law dispute.

To qualify for arbitration under the Lemon Law, the vehicle must have been sold or leased in Florida 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.

3. The owner or lessee is a person who is entitled to enforce the warranty.

Subsequent owners are covered if the vehicle is transferred from one consumer to another during the Lemon Law Rights Period.

The Lemon Law provides two presumptions for what constitutes a reasonable number of attempts to repair a nonconformity:

1. If the vehicle has been back to the service agent for repair of the same recurring problem at least three times, the consumer must give written notification to the manufacturer to afford a final opportunity to repair the vehicle.

2. If the vehicle is in and out of the authorized repair shop for repair of one or more different problems for 15 or more cumulative days, the consumer must give written notification of this fact to the manufacturer.

If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle.

What is the Lemon Law?

The Lemon Law is a state statute that provides remedies for consumers who experience vehicle defects or "nonconformities" that cannot be repaired after multiple attempts. In Florida, the Lemon Law covers cars and trucks purchased for the transport of persons or property. The law does not cover vehicles that run only on tracks, off-road vehicles, trucks over 10,000 pounds G.V.W., motorcycles, mopeds, or the living facilities of recreational vehicles.

A "nonconformity" is defined as a defect or condition that substantially impairs the use, value, or safety of a vehicle. This includes when a vehicle fails to start or runs hot. The Lemon Law requires repurchase or replacement only if the defect or condition causes the vehicle to not conform to the warranty.

The Lemon Law Rights Period in Florida is 24 months from the date of original delivery of the vehicle to the consumer. After 24 months, a consumer has 60 days to file a lemon law dispute. During the Lemon Law Rights Period, consumers can report a nonconformity to the manufacturer and pursue their rights under the law.

If a manufacturer fails to conform a vehicle to its warranty after a "reasonable number of attempts" to repair defects, the Lemon Law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. A "reasonable number of attempts" is defined as three repair attempts for the same nonconformity or 15 days or more out of service for the repair of one or more nonconformities.

To initiate the lemon law process, consumers must give written notice to the manufacturer by registered or express mail requesting a final repair. The notice should be sent to the address provided in the warranty manual. If the manufacturer fails to repair the nonconformity after the final attempt, the consumer may invoke their rights through arbitration.

In summary, the Lemon Law is a consumer protection statute that provides remedies for vehicle defects that persist after multiple repair attempts. It covers a range of vehicles, excluding certain types, and offers consumers the right to a refund, replacement, or repurchase if the manufacturer fails to resolve the issue within a reasonable number of attempts during the Lemon Law Rights Period.

What is a 'nonconformity'?

In general, a nonconformity is a failure to conform to established rules, norms, or expectations. In the context of Florida's Lemon Law, a nonconformity is a specific type of defect or condition that substantially impairs the use, value, or safety of a vehicle.

Nonconformity, as a broad concept, refers to a deviation from established standards, norms, rules, or expectations. It implies a lack of conformity or agreement with commonly accepted practices or principles. In everyday life, nonconformity can manifest in various ways, such as through unconventional behaviour, dress, or beliefs that differ from societal norms.

In the context of Florida's Lemon Law, a nonconformity is a specific type of issue that arises with motor vehicles. According to Chapter 681 of the Florida Statutes, a "nonconformity" is defined as a defect or condition that significantly impairs the use, value, or safety of a new or demonstrator motor vehicle. This law covers consumers who purchase or lease vehicles with nonconformities that the manufacturer or its authorized service agent has failed to correct within a reasonable number of repair attempts.

The Lemon Law Rights Period for Florida consumers is 24 months from the date of original delivery of the vehicle. During this period, consumers can report nonconformities and pursue their rights under the law. A nonconformity, in this context, could include recurring mechanical issues, problems with the vehicle's operation (e.g., failing to start), or any other defects that significantly impact the vehicle's use, value, or safety.

To be eligible for remedies under Florida's Lemon Law, consumers must typically demonstrate that their vehicle has been subject to multiple repair attempts for the same nonconformity or that the vehicle has been out of service for a cumulative total of 30 or more days due to repairs for one or more nonconformities. The law provides a process for consumers to notify manufacturers of these issues and seek resolution, which may ultimately lead to a refund, replacement vehicle, or other remedies if the nonconformities cannot be resolved.

In summary, nonconformity, in the context of Florida's Lemon Law, refers specifically to defects or conditions that significantly impact the functionality, value, or safety of a motor vehicle, and the law provides consumers with protections and remedies when such issues cannot be resolved through reasonable repair attempts.

What is the Lemon Law Rights Period?

The Lemon Law Rights Period is the first 24 months after the date of delivery of the motor vehicle to the consumer. During this period, consumers may report a nonconformity to the manufacturer and pursue their rights under the law.

The Lemon Law Rights Period applies to the first owner and any subsequent owners of the vehicle, 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.

After the initial 24-month period, consumers have an additional 60 days to file a lemon law dispute. This means that the total time period for consumers to take action under the lemon law is 2 years and 2 months from the date of delivery of the vehicle.

It's important to note that the Lemon Law Rights Period only applies to new or demonstrator vehicles and not to vehicles purchased from a dealership as a used car. Additionally, the law covers cars and trucks used for the transportation of persons or property but excludes various types of vehicles, such as motorcycles, mopeds, and off-road vehicles.

To qualify for protection under the Lemon Law, consumers must report defects or conditions that substantially impair the use, value, or safety of the vehicle (known as "nonconformities") to the manufacturer or its authorized service agent during the Lemon Law Rights Period. The law does not cover defects that result from accidents, neglect, abuse, or modifications made by anyone other than the manufacturer or its authorized agent.

What is a 'reasonable number of attempts'?

The answer to "What is a reasonable number of attempts?" depends on several factors, which vary from case to case.

Florida's Lemon Law provides two presumptions for what constitutes a "reasonable number of attempts". Firstly, if the vehicle has been back to the service agent for repair of the same recurring problem at least three times, the consumer must give written notification to the manufacturer to afford a final opportunity to repair the vehicle. Secondly, if the vehicle is in and out of the repair shop for one or more different problems for 15 or more cumulative days, the consumer must give written notification to the manufacturer. After receiving this notification, the manufacturer or its agent must have at least one opportunity to inspect or repair the vehicle. The consumer may be eligible for a refund or a replacement vehicle if the vehicle is out of service for repair of one or more nonconformities for a cumulative total of 30 or more days.

The seriousness of a car defect is also a factor. The more serious a defect is, the fewer attempts are deemed reasonable. For example, in the case of immediate safety risks such as brake failure, two or even just one repair attempt would be deemed reasonable. If the defect is not an obvious safety threat, such as a malfunctioning turning signal, then the reasonable number of attempts might be three or more.

Additionally, if the car is out of service for more than 30 days due to repairs for any number of problems during the first 18 months or 18,000 miles after purchase, then the car can be labelled a lemon, regardless of the number of repair attempts.

What to do if the manufacturer fails to address a nonconformity?

If the manufacturer fails to address a nonconformity, consumers may invoke their rights through arbitration. Depending on the circumstances, a consumer may go through either one or two arbitration programs.

If the manufacturer sponsors its own arbitration program, the dispute must first be submitted for arbitration to the manufacturer-sponsored program, on the condition that the program was certified by the State of Florida when the consumer purchased or leased the vehicle. The manufacturer's warranty or other written material should also explain how and where to file a claim with a state-certified program. A list of manufacturers who sponsor state-certified programs can be found on the Florida Lemon Law website, or by calling the Lemon Law Hotline (1-800-321-5366; 850-414-3500 outside Florida).

If the manufacturer does not have a state-certified program, or if the program fails to make a decision within 40 days, or if the consumer is not satisfied with the decision, the dispute must be submitted to the Florida New Motor Vehicle Arbitration Board, which is administered by the Office of the Attorney General. A Request for Arbitration form can be downloaded from the Attorney General's website or obtained by calling the Lemon Law Hotline. The Attorney General's Lemon Law Arbitration Division will conduct an eligibility screening to determine whether the claim is potentially eligible for arbitration before the Florida New Motor Vehicle Arbitration Board.

It is important to note that there are strict time limits for filing a lemon law dispute. Consumers have 60 days after the expiration of the Lemon Law Rights Period (24 months after the date of delivery of the motor vehicle to the initial owner) to file a dispute. Failure to file within this time frame will result in rejection of the request.

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