Florida Lemon Law for New Vehicles
The Florida Lemon Law otherwise known as the Florida Motor Vehicle Warranty Enforcement Act entitles consumers of certain new vehicles to arbitration if said vehicle does not conform to warranty standards. The Florida New Vehicle Arbitration Board may be called to step in when a consumer needs aid in dealing with the manufacturer.
Vehicles Covered
New Vehicles (owned or leased) are covered for the first 24 months of ownership if:
- The new vehicle is a car, truck under 10,000 lbs (The Motor Vehicle part of an RV will fall under this protection as well)
- The new vehicle has been bought and operated for personal use. (this excludes Trucks over 10,000 lbs, motorcycles, ATV’s, scooters, mopeds, etc)
- The new vehicle has transfered to a new owner from the original owner within this 24 months and the new owner operates it for personal use only
- The New Vehicle is leased for purchase
- The leased new vehicles has a term longer than one year
- The lessee is required to make repairs
- The vehicle does not conform to factory standards
Qualifications
The new vehicle may be protected by the lemon law if one of two requirements are satisfied:
- The vehicle must be in repair for thirty days
- The defect has not been corrected within three repair attempts
Malfunction
The Florida Lemon Law applies to malfunctions or warranty defects that
- Impair the use the of the vehicle
- Compromise the safety of the vehicle
- Significantly effects the value of the vehicle
Party At Fault
The defect must not be the result of any actions taken by the new owner. It must be a manufacturer violation of the warranty condition
Compensation
If the vehicle is considered to be a ‘lemon’ the manufacturer may have to:
- Replace the vehicle
- Accept the return of the vehicle and refund the price paid
How To File
- Gather and retain all records starting with the original sales or lease contract (i.e. Vehicle Bill of Sale, Manufacturer’s Certificate, Any paperwork regarding inspections or tests required by the state)
- Document all indications of the defect’s existence (dates, times, vehicle performance)
- Contact the manufacturer, regarding the details of the defect and obtain a list of authorized repair shops
- Document any repairs made in an attempt to repair the defect and any repairs necessary as a result of the defect
- After the third repair attempt or fifteen days of being out of service the owner must complete the Defect Notification Form to inform the manufacturer they will be afforded one more chance to repair the problem
- If there repair cannot be completed, the owner may contact the attorney general to seek arbitration with the state certified manufacturer sponsored arbitration program.
- If arbitration has not resulted in a positive outcome one may engage in a civil suit or seek arbitration from the Florida New Vehicle Arbitration Board
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