Florida's Lemon Law: Business Vehicles Covered?

Florida's Lemon Law protects consumers who purchase or lease defective vehicles. It provides remedies for consumers who experience vehicle nonconformities that cannot be repaired after multiple attempts. However, it is important to note that the law does not cover all vehicles. For instance, it excludes commercial vehicles, used vehicles, motorcycles, mopeds, off-road vehicles, and boats. So, if a business vehicle is purchased or leased new and falls under the category of cars or trucks used for the transport of persons or property, it would be covered by Florida's Lemon Law. In such cases, if the vehicle has defects or conditions that substantially impair its use, value, or safety, and these issues cannot be resolved by the manufacturer or their authorized service agent, then the business owner would have the same rights as any other consumer under the law.

What is a 'nonconformity' under Florida's Lemon Law?

Florida's Lemon Law covers vehicle "nonconformities", which are defined as defects or conditions that substantially impair the use, value, or safety of a vehicle. This includes general problems, such as a vehicle failing to start, that may be attributable to a defect in more than one part.

Nonconformities do not include defects or conditions that result from an accident, abuse, neglect, modification, or alteration of the vehicle by anyone other than the manufacturer or its authorised agent.

To qualify as a nonconformity under the Lemon Law, the defect or condition must cause the vehicle to not conform to its warranty.

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

• 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.
• If the vehicle is in and out of the authorised 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.

What are the remedies for consumers under Florida's Lemon Law?

Florida's Lemon Law provides remedies for consumers who experience vehicle "nonconformities" that cannot be repaired after multiple attempts. 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, for example.

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 G.V.W., motorcycles, mopeds, or the living facilities of recreational vehicles.

To qualify for arbitration under the Lemon Law, the vehicle must have been sold or leased in Florida and not for resale purposes. The Lemon Law Rights Period is 24 months from the date of original delivery of the vehicle to the consumer, during which consumers may report a nonconformity to the manufacturer and pursue their rights under the law. After 24 months, a consumer has 60 days to file a lemon law dispute.

If a consumer's vehicle is deemed a lemon, the manufacturer must either replace the vehicle or refund the full purchase price. The consumer has the right to opt for a repurchase rather than a replacement. Both the refund and the replacement vehicle remedies include payment by the manufacturer of collateral charges (reasonable expenses wholly incurred as a result of the acquisition of the vehicle) and incidental charges (reasonable expenses directly caused by the substantial defects) incurred by the owner/lessee. An offset for use of the vehicle is deducted from any repurchase or replacement offer.

In a refund remedy, the consumer will be paid only for non-financed collateral charges; financed collateral charges are paid off by the manufacturer through the payoff of the loan directly to the lender. The amount of any net trade-in allowance, cash down payment, and periodic loan or lease payments will be included in a refund remedy. If the vehicle was leased, the manufacturer must pay the lessor an amount specified by the statute, and the lessor cannot charge the lessee an early termination penalty. Any negative equity is the sole responsibility of the consumer.

What vehicles are covered by Florida's Lemon Law?

Florida's Lemon Law covers new vehicles purchased or leased in the state. It provides remedies for consumers who experience vehicle defects or "nonconformities" that cannot be repaired after multiple attempts. The law covers cars and trucks used for the transport of people or property.

The law does not cover vehicles that run only on tracks, off-road vehicles, trucks over 10,000 pounds GVW, motorcycles, mopeds, or the living facilities of recreational vehicles. It also does not apply to commercial vehicles, used vehicles, or boats.

To be covered under the Lemon Law, the vehicle must be used for personal, family, or household purposes. The law covers the original purchaser or lessee of the vehicle and any subsequent owners or lessees during the Lemon Law rights period, which is 24 months from the date of original delivery of the vehicle.

The Lemon Law defines a "nonconformity" as a defect or condition that substantially impairs the use, value, or safety of the vehicle. This includes problems such as the vehicle failing to start or running hot. The law requires the manufacturer to buy back the defective vehicle and provide a refund or replacement if they cannot fix the issue within a "reasonable number of attempts."

It's important to note that the law does not cover defects that result from accidents, abuse, neglect, modification, or alteration by anyone other than the manufacturer or its authorized service agent.

Who is covered under Florida's Lemon Law?

Florida's Lemon Law covers the following consumers:

• The purchaser, other than for purposes of resale, or the lessee of a vehicle primarily used for personal, family, or household purposes.
• Any person to whom such vehicle is transferred for the same purposes during the duration of the lemon law rights period.
• Any other person entitled by the terms of the warranty to enforce the obligations of the warranty.

Subsequent owners are covered if the vehicle is transferred from one consumer to another during the lemon law rights period. However, a subsequent owner who purchased a vehicle from a dealership would not be covered.

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 G.V.W., motorcycles, mopeds, or the living facilities of recreational vehicles.

What are the time limits for making a claim under Florida's Lemon Law?

Florida's Lemon Law states that consumers have 24 months from the date of the original delivery of the vehicle to report a nonconformity to the manufacturer and pursue their rights under the law. This is known as the "Lemon Law Rights Period".

After this 24-month period, consumers have an additional 60 days to file a lemon law dispute. This means that the total time limit for making a claim under Florida's Lemon Law is 30 months from the date of the original delivery of the vehicle.

It is important to note that the lemon law rights period applies to second and third owners of the vehicle, as long as the defects are brought to the manufacturer's attention within the first 24 months following delivery to the first purchaser.

To qualify for arbitration under the Lemon Law, the vehicle must have been sold or leased in Florida and must not have been purchased for resale purposes.

In addition, Florida's Lemon Law provides two presumptions for what constitutes a "reasonable number of attempts" to repair a nonconformity:

• 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 allow them a final opportunity to repair the vehicle.
• If the vehicle is in and out of the repair shop for repair of one or more different problems for a cumulative total of 15 or more days, the consumer must give written notification of this fact to the manufacturer.

After receiving written notification, the manufacturer or its authorized service agent must have at least one opportunity to inspect or repair the vehicle. If the nonconformity still exists after this final repair attempt, the consumer may proceed with the arbitration process.

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