Purchasing a new car is meant to be a moment of pride and celebration. But what if that shiny new car is spending more time at the repair shop than on the road? But that’s where Florida’s Lemon Law comes into play—a measure of protection afforded to consumers who’ve been sold a faulty vehicle that doesn’t meet expected quality or performance standards.
The Florida Lemon Law, also known as the Motor Vehicle Warranty Enforcement Act, covers cars and trucks, including demonstrators, brand-new vehicles, and not motorhomes, off-road vehicles, or vehicles weighing more than 10,000 pounds, as well as new and used vehicles. It includes major defects — known as “nonconformities” — that significantly affect the use, value or safety of the car. Those have to happen in the first two years from the delivery of the vehicle, or the Lemon Law Rights Period.
Under the Lemon Law in Florida, the defect cannot be due to abuse, neglect, or unauthorized modifications. The law mandates that the manufacturer be allowed a “reasonable number of attempts” to repair the problem. That usually involves at least three repair attempts for the same issue, or if the car has been out of service for 15 or more days after those repairs.
Suppose the manufacturer does not resolve the problem within these three attempts. In that case, the consumer must submit a written notice to the manufacturer (using a specific form, the Motor Vehicle Defect Notification form), which allows the manufacturer one final opportunity to repair the vehicle. Suppose the defect cannot be corrected after a reasonable number of attempts. In that case, the manufacturer shall either replace the car with a comparable vehicle acceptable to the consumer or accept return of the vehicle from the consumer and refund the full purchase price, including collateral charges, less a reasonable allowance for the consumer’s use of the car.
It is worth mentioning that the Lemon Law in Florida does NOT cover all vehicles. It does not include motorcycles, mopeds, off-road vehicles or trucks over 10,000 pounds. Also, second-hand autos are not covered — unless they’re still under the original manufacturer’s warranty and meet specific requirements.
Be sure to maintain detailed logs of all service visits, including the date, mileage, and a complete description of the problems and any resolutions. These papers will be instrumental should the case eventually be heard by an arbitrator or court.
The Lemon Law in Florida is one of the most empowering laws, which levels the playing field between consumers and giant automobile manufacturers. It is an organized system for settling disputes, ensuring that when a product is defective, purchasers are not left holding the bag. Additionally, attorney’s fees are often recoverable under the law, thereby allowing many people the opportunity to seek justice.
Ultimately, no one buys a new car expecting it to be a lemon, but it’s good to know that our Lemon Law in Florida protects your investment (and peace of mind). If you think your car is eligible, do not wait. If you take action now, you will have the upper hand.
Andrew Richardson is the author of this Article. To know more about Lemon Law attorneys in Texas please visit our website: allenstewart.com
