1. Send Your Repair History. Start with the basics. Send the year, make, model, VIN, purchase or lease date, and all repair orders.
The attorney can compare those records with Fla. Stat. §681.104. The same defect may need three repair attempts before the manufacturer gets a final chance to fix it. A separate rule applies when the vehicle has spent many days out of service.
2. Give the Manufacturer Written Notice. After three attempts to repair the same problem, Florida law calls for written notice to the manufacturer by registered or express mail.
The manufacturer then has 10 days after it gets the notice to respond and give the owner a chance to bring the vehicle to a reasonably accessible repair site. The manufacturer generally has another 10 days after delivery to that site to complete its final repair attempt. Different time limits apply to RVs.
3. Seek Arbitration or a Settlement. Some manufacturers use a certified dispute program. If one applies, the consumer may have to use it first.
A request for Board arbitration must generally be made no later than 60 days after the Lemon Law Rights Period ends, or within 30 days after the final action of a certified program, whichever is later.
Some cases settle before a Board hearing. Others go to arbitration.
4. Seek a Refund, Replacement, or Further Relief. Florida law allows a qualifying consumer to seek a refund or an acceptable replacement vehicle. The consumer has the right to choose a refund instead of a replacement.
If further court action is needed, Fla. Stat. §681.112 sets filing deadlines. A consumer who wins a claim under that section may recover reasonable attorney fees and litigation costs.