While the Florida Lemon Law has several different aspects and a number of important factors, many of them can be difficult to understand. With so much legal jargon, Florida’s lemon law can seem overwhelming and confusing. Those looking to understand the ins and outs of the Florida Lemon Law are advised to contact an experienced lemon law attorney. Since car manufacturers and dealers have top-notch legal teams to represent their interests, it is a good idea for car owners to as well.
Before going down the route of securing legal representation, however, it is important to understand the basics of the Florida Lemon Law.
What Cars are Covered Under the Florida Lemon Law?
The types of vehicles that are covered under the Florida lemon law include:
- Most recreational vehicles
- Leased vehicles if the repairs are the responsibility of the lessee
- New vehicles
The cars covered under Florida’s lemon law include trucks and cars sold in Florida that are used to transport property or persons.
What vehicles are not covered under the Florida lemon law? Vehicles not covered under the Florida lemon law include:
- Used motor vehicles
- Some mopeds/motorcycles
- Racetrack vehicles
- Off-road vehicles
- Nonmotorized vehicles
Duty to Repair by the Manufacturer
After a “reasonable number of attempts at repair,” if a manufacturer fails to conform to the warranty of the vehicle, and the defects are not corrected, the vehicle manufacturer must give the consumer a replacement vehicle or reimburse the consumer with a purchase price refund. This is known as a defective vehicle buyback.
Reasonable Number of Repair Attempts/Final Repair Attempt
Florida Lemon Law stipulates that the manufacturer or dealer can make three repair attempts to quality as a “reasonable number of attempts at repair.”
Additionally, a final repair attempt should/can be made by the manufacturer following the reasonable number of attempts at repair (3). This final repair would come after the vehicle has been unusable for at least 15 days, should apply to the same nonconformity for which the reasonable number of repair attempts were made, and/or may also apply to one or more nonconformities. Repair attempts can include affected part replacements and servicing for a specific problem or nonconformity. If repeated repairs are needed, but for different (varying) issues, the individual may still have a lemon. It is important to note that the reasonable number of repairs applies to a singular, specific problem or nonconformity in order for the lemon law to be in effect.
Resolution of a Florida Lemon Law Case
If the Motor Vehicle Arbitration Board of Florida hears a lemon law case, the manufacturer must refund the full price or replace the vehicle if the court deems it a lemon. Replacements and/or refunds are decided depending on the vehicle lessee/owner’s wishes.
Time Period for Filing Claims with Florida Lemons
Under their state lemon law rights, the period of time during which the owner of the vehicle can claim protection is referred to as the Lemon Rights Law Period. This equates to 24 months after the delivery of the vehicle (not the purchase) in Florida.