Lemon laws exist to protect customers from unsafe vehicles. These laws enforce manufacturers’ warranties on all types of new vehicles. This means that a manufacturer must repair, refund, or replace a vehicle that qualifies as a lemon. However: customers must notify the dealer of the problem and give the manufacturer a fair chance to repair it. If the customer does not follow this procedure, they will not be eligible for a replacement vehicle or a refund of the purchase price.
Our experienced Florida lemon lawyers are here to answer all your questions about vehicle warranties so you can enforce your legal rights.
How Long Does the Dealer Have to Repair Your Vehicle?
Under Florida’s Lemon Law, officially known as the Motor Vehicle Warranty Enforcement Act, a customer must give the manufacturer a reasonable opportunity to repair a new vehicle that has a defect. A “reasonable opportunity” is defined as 3 attempts. At this point, the customer must notify the dealer of a final attempt to repair, and the dealer has 10 days to direct them to an accessible repair shop. The dealer then has 10 days to repair the defect.
The Lemon Law in Florida can be invoked sooner. If a dealership has your vehicle for more than 30 days, you may file a Lemon Law claim. The 30 days do not need to be consecutive; for example, if one repair visit lasted 10 days and another lasted 20, you would meet the threshold to exercise your Lemon Law rights.
Do Parts Delays at the Dealership Count for Lemon Law Claims?
Any situation, including parts shortages, delays or lack of availability, that keeps your vehicle at the dealership for more than 30 days makes you eligible for Lemon Law protection. Replacement part shortages and delays have become a more common source of Lemon Law claims in recent years.
Can Any Delayed Repair Qualify for a Lemon Law Claim?
The short answer is no. Only vehicles covered by a manufacturer’s warranty are eligible for the Lemon Law. In general, this means the vehicle is less than 24 months old. It must have been purchased or leased new directly from a dealership. Vehicles more than 24 months old are ineligible for the Lemon Law, because their warranties have expired. Used cars are never eligible for Lemon Law claims in Florida, and there are no separate laws in Florida to protect used-vehicle buyers.
You also must take a vehicle to a dealership for repairs to qualify for a Lemon Law claim. Repairs by any third party will void the manufacturer’s warranty.
What Does the Customer Have to Do After 30 Days?
If your vehicle has been out of service for 30 days or more, you must notify the auto manufacturer and give them a final opportunity to repair the vehicle. Once the manufacturer receives this notice, they generally have 10 days to repair the vehicle.
When Is the Customer Eligible for a Refund or Replacement?
Once a vehicle is out of service for 30 or more cumulative days, the customer can be eligible for a replacement vehicle or a refund of the purchase price minus a per-mile adjustment for normal depreciation. You must be able to prove that the manufacturer was given notice that the vehicle was out of service and that you provided a final opportunity to repair the vehicle. Under the Florida Lemon Law, you may also be eligible for compensation for closing and financing fees, vehicle registration costs and any costs associated with the loss of the vehicle, such as public transportation, rental vehicle fees or taxi and rideshare fares. An experienced Miami lemon lawyer will tell you what compensation you can claim and help you to document it.
Experienced Florida Consumer Protection Lawyers For All Lemon Law Claims
Jonathan D. Schwartz, Esq. is an experienced Miami lemon law attorney. Clients throughout Florida trust him to enforce their legal rights and protect consumers from unsafe vehicles. Call (786) 566-6716 or visit our website to schedule your free initial consultation.