Florida Lemon Law – Guide to Know Your Rights

Any consumer who experiences a series of recurring issues in a new vehicle affecting the safety, usability, or value of their new car must navigate the intricacies of the Florida Lemon Law.

It can be quite frustrating when one recently bought a car or leased a new vehicle and discovers that his car has repeated defects that cannot be fixed even after multiple attempts.

Florida Lemon Law will step in and ensure that manufacturers process a legitimate refund or replacement for the defective vehicle.

In this guide, we will learn about car lemon law in Florida and understand the steps for proper compensation. We shall address key points:

• Description of Florida’s Lemon Law
• Eligibility criteria and how Florida lemon law new car functions
• How to make a claim
• General issues covered by Florida Lemon Law

What is the Meaning of Florida Lemon Law New Car?

Florida Lemon Law comes under the Motor Vehicle Warranty Enforcement Act. It protects the buyer or lessee of a new vehicle from “nonconformities” or serious defects that could compromise the vehicle’s use, safety, or value.

The Car Lemon Law Florida insists that a refund or replacement is processed if the car manufacturer cannot fix the problem despite making several attempts. This ensures that car buyers are never left to drive around with a failed vehicle that will compromise their safety and create financial burdens.

Eligibility Criteria for Florida Lemon Law

There are various requirements to qualify for protection under the Florida Lemon Law:

Type of Vehicle

Florida’s Lemon Law applies to any new car acquired or leased within the state. This includes passenger cars, passenger trucks, and other similar passenger vehicles that are for household, family, or personal use.

Vehicles exempt under the law include motorcycles, mopeds, off-road vehicles, or vehicles with a gross vehicle weight over 10,000 pounds.

Timing of the Lemon Law Rights

The authorities must be notified of the flaw within the first 24 months from the vehicle’s delivery date to the customer. This period is called the “Lemon Law Rights Period.” In this period, a consumer can file a claim if his or her automobile has a defect that qualifies under California’s law.

Significant Defect

The defect must cause impairment in the use, value, or safety of the vehicle. The defect cannot be due to accident, misuse, neglect, or vehicle modification. It also must be due to the manufacturer or its authorized agent and not by third parties.

Notice to the Manufacturer

The Car Lemon law of Florida requires that consumers offer the manufacturer an opportunity to make the final effort at repair.

This is done by sending a notice to the manufacturer, usually following three failed repair attempts for the same problem and giving the manufacturer a last chance to make good of it. This stage is important before one seeks more drastic legal recourse.

How the Florida Lemon Law Works

New car consumers must understand the functioning of Florida Lemon Law:

Step 1: Basic Repair Attempts

If your automobile shows a nonconformity, you must inform the manufacturer or the designated service agent within 24 months of its delivery. After submitting the report, the manufacturer must make a specific number of repair attempts to deal with defects.

Step 2: Final Repair Try

If the same nonconformance continues even after three attempts to repair it, you should document your request to the manufacturer in writing and give him the last chance to correct it. The letter should be sent by certified, registered, or express mail so that there is good documentation.

Step 3: Manufacturer’s Action

Upon receiving your notice, the manufacturer has 10 days to refer you to a facility that is reasonably accessible for repair. After bringing the vehicle to the facility, they have 10 days to correct the defect.

Florida Lemon Law Claims Procedure

If the problem persists even after the last attempt at repair, you can take the following actions:

Step 1: Request for Arbitration Filing

A request for arbitration shall be filed with the Florida New Motor Vehicle Arbitration Board within 60 days after the period. This is in case Lemon Law Rights accrued or within 30 days after the final action of a certified procedure, whichever event may happen later.

Step 2: Attend the Arbitration Hearing

The arbitrator will make an appointment where you can present and show evidence regarding the nonconformity that occurred and repair attempts. Always prepare all documentary evidence, for example, orders for repair, letters from the manufacturer, etc.

Step 3: Final Decision

If the board finds that your vehicle is a lemon, the manufacturer must either replace the vehicle or refund the purchase price. The final amount must include collateral charges and can deduct a reasonable allowance for usage.

Common Issues Covered Under the Florida Lemon Law

Common issues covered by Florida Lemon Law are:

1. Engine and Transmission Issues: Repeated problems that impede the ability of the vehicle to drive properly, such as stalling, hesitation, or total engine shutdown
2. Brake System Failure: Defects include pulsation upon braking, steering wheel vibrations, or difficulty stopping
3. Electrical System Malfunctions: Problems with the electrical components, such as issues with the ignition, lighting, or onboard computer systems
4. Steering Problems: Flaws that make it hard to control the steering, affecting the vehicle’s manoeuvrability
5. Safety Feature Failure: Failure of safety features such as airbags, seatbelts, or other vital features
6. Autoglass Repair & Replacement: For any side window or windshield repair & replacement, the Florida Lemon Law authorizes replacement without incurring any cost. However, it is best to obtain mobile windshield replacement services with ADAS calibration.

Conclusion

It is important to understand your rights under the Florida Lemon Law. This puts you in the position to act appropriately if your new vehicle has defects and follow the right procedure.

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FAQs

What kind of vehicle qualifies under Florida law?

Under Lemon Law, a vehicle qualifies if it has a defect that affects its use, value, or safety. Even after a specific number of attempts, if a manufacturer or authorized service agent is unable to repair it within the first 24 months from delivery, then the law will authorize a return or refund.

Is there a 30-day lemon law for used cars in Florida?

No, Florida’s Lemon Law covers only new, or demonstrator cars purchased or leased in Florida, not used. However, manufacturers may provide additional warranties on many used vehicles.

How hard is it to win a lemon law case?

A successful lemon law case in Florida depends on having strong documentation and following the procedures correctly. All repair records need to be thorough, proper notifications should be filed, and within the time allocated, a consumer can file a request for arbitration, which tends to increase a favourable outcome considerably.

Can a financed car be returned if there are problems with it?

If your financed new car meets the requirements under the Florida Lemon Law, you can claim a replacement or refund even if you still owe it.