Florida Lemon Law: Original Owner Exclusivity?

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. 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 GVW, motorcycles, mopeds, or the living facilities of recreational vehicles. 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, consumers have an additional 60 days to file a lemon law dispute.

So, does Florida's Lemon Law only apply to the original owner? The answer is no. 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 used from a dealership would not be covered.

The law covers personal/household use cars, pickup trucks, and SUVs

The Florida Lemon Law covers personal/household use cars, pickup trucks, and SUVs. This means that if you are a Florida resident and have purchased or leased a new vehicle that falls into one of these categories, you may be protected under the Lemon Law in the event that the vehicle turns out to be defective.

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 during the "Lemon Law Rights Period," which is the first 24 months after the date of delivery of the vehicle to the consumer.

It's important to note that the Lemon Law does not cover all vehicles. For example, it excludes commercial vehicles, used vehicles, motorcycles, mopeds, off-road vehicles, and boats.

If you believe your vehicle is covered by the Florida Lemon Law and are experiencing defects, it's important to consult with a qualified attorney who can guide you through the specific process and requirements for making a claim.

It doesn't cover commercial vehicles, used vehicles, motorcycles, mopeds, off-road vehicles or boats

The Florida Lemon Law covers a range of vehicles, but it is important to note that it does not cover everything.

The law does not cover commercial vehicles, used vehicles, motorcycles, mopeds, off-road vehicles, or boats. This exclusion is worth noting as it highlights a key limitation of the law's scope.

Commercial vehicles are excluded from the law's protection, which means that vehicles used primarily for business or commercial purposes are not covered. This exclusion ensures that the law focuses on personal or household use vehicles.

Used vehicles are also not covered by the Florida Lemon Law. This exclusion is straightforward and means that only new vehicles are protected under the law.

Additionally, motorcycles and mopeds are not covered by the law. This exclusion is likely due to the unique nature of these vehicles, which may have different regulatory considerations.

Off-road vehicles are also not covered by the Florida Lemon Law. This exclusion is important to note for those who enjoy off-roading or own vehicles designed specifically for off-road use.

Finally, boats are not covered by the law. This exclusion is worth highlighting as it shows that the law is focused on land vehicles and does not extend to watercraft.

While these exclusions outline what the Florida Lemon Law does not cover, it is also important to understand what it does cover. The law primarily covers new cars, trucks, and SUVs purchased or leased for personal or household use. It provides protection for consumers who experience defects or "nonconformities" that substantially impair the use, value, or safety of their vehicles, and it offers remedies such as replacement, refund, or repair.

It applies to both purchased and leased vehicles

Florida's Lemon Law applies to both purchased and leased vehicles. It covers new or demonstrator motor vehicles with "nonconformities", which are defined as defects or conditions that substantially impair the use, value, or safety of the vehicle. This law provides remedies for consumers who purchase or lease such vehicles and subsequently experience issues that cannot be resolved by the manufacturer or its authorized service agent (usually the dealership) within a reasonable number of repair attempts.

The Lemon Law rights period in Florida lasts for 24 months after the delivery of the vehicle to the first owner. Importantly, this period is not terminated by the sale of the vehicle to a subsequent purchaser. This means that the rights under the Lemon Law extend to second and third owners, as long as the defects are identified and brought to the manufacturer's attention within the initial 24-month period.

To qualify for arbitration under the Lemon Law, the vehicle must meet certain criteria. It must be used for personal, family, or household purposes, or it must have been acquired from the first owner for these purposes during the first 24 months of ownership. Alternatively, the owner or lessee must be a person who is entitled to enforce the warranty.

If a consumer's vehicle meets the criteria and has undergone at least three repair attempts for the same nonconformity without resolution, they must notify the manufacturer in writing to allow for a final repair attempt. The manufacturer then has 10 days to schedule this final repair at a convenient repair facility and up to 10 additional days to fix the issue (45 days for a recreational vehicle). If the manufacturer fails to correct the nonconformity, the consumer may proceed with the arbitration process.

It is worth noting that the fact that a vehicle has undergone three repair attempts or has been out of service for an extended period does not automatically qualify it as a "lemon." These are simply the minimum requirements to initiate the lemon law arbitration process. The consumer still has the burden of proving that the defective condition significantly impacts the vehicle's safety, use, or reliability during the arbitration hearing. Therefore, it is crucial for consumers to thoroughly document any issues with pictures, videos, and independent diagnostic reports from licensed mechanics to support their claim.

It covers defects under the manufacturer's warranty that affect the use, value or safety of the vehicle

The Florida Lemon Law covers defects under the manufacturer's warranty that affect the use, value, or safety of the vehicle. This is known as a "nonconformity" under the law.

A nonconformity is 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. It is important to note that the law only covers defects that are present during the first 24 months of ownership and does not consider the vehicle's mileage when determining eligibility for a claim.

To qualify for protection under the Florida Lemon Law, consumers must first give the manufacturer an opportunity to repair the defect. The manufacturer has a limited number of attempts to restore the vehicle. After three repair attempts for the same problem, the consumer must give written notice to the manufacturer and allow them a final opportunity to fix the issue. If the manufacturer fails to correct the defect, the consumer may proceed with the arbitration process and may be eligible for a refund or replacement vehicle.

It is important to keep detailed records of all repairs and maintenance, including written repair orders, dates of service, and odometer mileage. Consumers should also keep all receipts and invoices related to the purchase or lease of the vehicle and any repairs.

The Florida Lemon Law provides a straightforward process for consumers to bring legal claims against automakers and seek remedies such as repair, replacement, or refund of the vehicle's purchase price.

It applies to defects in the first 24 months of ownership

Florida's Lemon Law applies to defects in the first 24 months of ownership. This 24-month period, known as the "Lemon Law Rights Period," begins on the date the vehicle is delivered to the consumer. It is important to note that this period applies to both original and subsequent owners, as long as the defects are reported and addressed within the first 24 months after the vehicle is delivered to the first owner.

During this period, consumers must report any defects or "nonconformities" to the manufacturer or its authorized service agent, which is typically the dealer. A nonconformity is defined as a defect or condition that significantly impairs the use, value, or safety of the vehicle. It is important to keep in mind that the law does not cover defects that result from accidents, abuse, neglect, or modifications made by anyone other than the manufacturer or its authorized agent.

If a defect occurs within the first 24 months of ownership, consumers have an additional 60 days after this period to file an arbitration request with the manufacturer's state-certified program or the Florida Attorney General's Office. This process can be complex, and it is recommended that consumers seek legal advice from a licensed Lemon Law attorney in Florida to ensure they take the correct steps to protect their rights.

Frequently asked questions