Lemon Law Limitations: Florida's Focus Beyond Faulty Cars

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. Consumers who qualify for protection under the law must first give the manufacturer an opportunity to repair the defect. If the manufacturer does not repair the defect after a reasonable number of attempts, the consumer is entitled to a refund or replacement.

Does the Florida Lemon Law apply to used cars?

The Florida Lemon Law applies to vehicles sold and leased in Florida. It covers cars and trucks purchased for the transport of persons or property. The law covers defects or conditions that impair the use, value, or safety of a new or demonstrator vehicle (called "nonconformities").

The law does not apply to vehicles purchased for resale purposes. It also 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.

While the Florida Lemon Law does not apply to used cars, the federal Magnuson-Moss Warranty Act protects Floridians who purchased used cars. This federal law does not distinguish between new and used vehicles, as long as the defect is first reported during the warranty period.

In summary, while the Florida Lemon Law specifically applies to new vehicles, used car purchasers in Florida may still be protected under the federal Magnuson-Moss Warranty Act if they report a defect during the warranty period.

Does the law cover motorcycles?

The Florida Lemon Law covers cars and trucks purchased for the transport of persons or property. It does not cover motorcycles, mopeds, or vehicles run only on tracks, off-road vehicles, trucks over 10,000 pounds G.V.W.

However, the federal Lemon Law and most state lemon laws do apply to motorcycles. If you purchase a lemon motorcycle in Florida, you can pursue compensation under the Magnuson-Moss Warranty Act.

The Florida Lemon Law applies to vehicles with "nonconformities", which are defined as defects or conditions that substantially impair the use, value, or safety of a new or demonstrator vehicle. These defects must be 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 motor vehicle to the consumer.

If the manufacturer fails to correct the defect after a "reasonable number of attempts", the consumer is entitled to a refund or replacement vehicle. The law does not cover defects that result from accidents, neglect, abuse, or modification by persons other than the manufacturer or its authorized service agent.

What is the Lemon Law Rights Period?

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

The rights 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 of the vehicle to the first purchaser.

After the 24-month Lemon Law Rights Period, consumers have an additional 60 days to file an arbitration request. This means that consumers have two years and two months after purchasing or leasing a vehicle to file a Lemon Law claim in Florida.

It is important to note that the Lemon Law Rights Period is different from the warranty period, which is the time during which a defect must be first reported to be covered by the law. The federal Lemon Law does not distinguish between new and used vehicles in this regard.

What is a nonconformity?

In the context of the Florida Lemon Law, a nonconformity is a defect or condition that significantly impairs the use, value, or safety of a new or demonstrator vehicle. This nonconformity must be reported to the manufacturer or its authorised service agent during the Lemon Law Rights Period, which is the first 24 months after the vehicle is delivered to the consumer.

Nonconformity, in general, refers to the failure or refusal to conform to established standards, rules, laws, customs, or practices. It implies doing things differently from the norm and can be observed in various aspects of life, including behaviour, beliefs, and appearance. People in positions of authority often frown upon nonconformity as it challenges their control.

What is the process for getting compensated?

The process for getting compensated under the Florida Lemon Law is outlined below:

Step 1: Report the Issue

Firstly, consumers must report any defects or "nonconformities" to the manufacturer or its authorised service agent within the first 24 months after the date of delivery of the motor vehicle. A "nonconformity" is defined as a defect or condition that substantially impairs the use, value, or safety of a new or demonstrator vehicle.

Step 2: Allow for Repairs

The manufacturer or its authorised service agent must then be given a "reasonable number of attempts" to repair the defect. This is generally considered to be at least three attempts to repair the same recurring problem, or if the vehicle is out of service for repair for a cumulative total of 15 or more days.

Step 3: Notify the Manufacturer

If the manufacturer or its authorised service agent is unable to repair the defect within the specified time frame, the consumer must then notify the manufacturer in writing, by certified, registered, or express mail, to give them a final opportunity to repair the defect.

Step 4: Arbitration

If the manufacturer still fails to repair the defect, the consumer can then proceed with the arbitration process. This involves submitting a Request for Arbitration Form to the Department of Legal Affairs or the Florida New Motor Vehicle Arbitration Board, along with all relevant documentation to support the claim.

Step 5: Legal Action

If the consumer is dissatisfied with the outcome of the arbitration process, they may then need to take legal action by filing a lawsuit against the manufacturer. It is recommended that consumers seek the assistance of a Florida Lemon Law attorney to improve their chances of success.

It is important to note that there are strict time limits for each step of the compensation process, and failure to meet these deadlines may result in the loss of arbitration rights. Consumers should also keep detailed records of all repairs, maintenance, and communications with the manufacturer and its authorised service agents.

Frequently asked questions