Florida’s Lemon Law, formally known as the Motor Vehicle Warranty Enforcement Act, protects consumers who have purchased or leased new vehicles with nonconformities or defects that significantly impair the use, value, or safety of the vehicle. This summary provides an in-depth understanding of the Lemon Law, consumer rights, and the steps to take in case of a defective vehicle.
Florida Lemon Law Scope of Coverage:
The FL Lemon Law applies to new vehicles, demonstrator vehicles, and leased vehicles that are still under the manufacturer’s warranty. It covers nonconformities that arise within the first 24 months or 24,000 miles (whichever comes first) from the date of purchase or lease. The law does not cover motorcycles, mopeds, off-road vehicles, or vehicles with a gross vehicle weight rating of over 10,000 pounds.
Definition of Nonconformity:
A nonconformity is a defect or condition that significantly impairs the use, value, or safety of the vehicle. This excludes issues that arise from abuse, neglect, unauthorized modifications, or alterations by the consumer.
Manufacturer’s Obligation to Repair:
The manufacturer is required to repair or correct any nonconformity reported by the consumer within the warranty period. If the manufacturer fails to fix the nonconformity after a reasonable number of attempts, they must either replace the vehicle or refund the purchase price.
FL Lemon Law: Reasonable Number of Repair Attempts:
The law considers a reasonable number of attempts to be three or more unsuccessful repair attempts for the same nonconformity, or if the vehicle is out of service due to repair attempts for a cumulative total of 15 or more days.
Replacement or Repurchase of Vehicle:
If the manufacturer is unable to repair the nonconformity after a reasonable number of attempts, the consumer has the option to request a replacement vehicle of comparable value or a full refund of the purchase price. In the case of a refund, the manufacturer may deduct a reasonable allowance for the consumer’s use of the vehicle.
Consumer’s Right to Arbitration:
If the manufacturer disputes the consumer’s claim, the consumer has the right to seek resolution through the Florida New Motor Vehicle Arbitration Board. The Board will review the case and render a decision within 60 days of receiving the request for arbitration.
Florida’s Lemon Law serves as an essential protection for consumers who purchase or lease new vehicles with significant defects. It holds manufacturers accountable for addressing nonconformities and provides consumers with options for resolution when a vehicle cannot be repaired. Understanding your rights under this law can help ensure you receive the support and compensation you deserve in case of a defective vehicle.