The Florida Lemon Law explained.

Florida Lemon Law protects consumers’ rights when buying new vehicles, allowing them to seek legal recourse in the event a new vehicle turns out to be defective. It sets criteria for considering a vehicle a “lemon” and gives consumers an opportunity to get out from under a defective vehicle.

What relief does the Florida Lemon Law provide to consumers?

The Florida Lemon Law, officially known as the Motor Vehicle Warranty Enforcement Act, provides relief to consumers who purchase or lease a defective new or demonstrator vehicle. If the vehicle experiences a defect that substantially impairs its use, safety, or value within the first 24 months and the manufacturer fails to repair the problem after a reasonable number of attempts, the consumer may be eligible for a refund or replacement subject to a reasonable offset for the consumer’s use of the vehicle. Stated differently, any repurchase or replacement offer provided by a manufacturer can be reduced in accordance with the consumer’s usage of the vehicle. See THIS LINK for more information on the reasonable offset for use calculation.

How many repair attempts are allowed under the Florida Lemon Law?

The manufacturer is given a “reasonable number of attempts” to repair the problem, which typically means three or more repairs or 15 or more days out of service. If a vehicle is brought in for repairs more than three times or is out of service for more than 15 days for the same issue, the vehicle is presumptively a “lemon” and the consumer may invoke their lemon law rights. To do so, the consumer must notify the manufacturer in writing and allow them an opportunity to repair the issue before pursuing Lemon Law relief. More information on how to notify the manufacturer may be found at THIS LINK.

Once the manufacturer receives the notice, it has 10 days to schedule a final repair attempt at a repair facility that is convenient to the consumer. Once the final repair attempt is completed and the problem has not been repaired, the consumer can proceed to file a Florida lemon law arbitration demand. More information on the arbitration demand process may be found at THIS LINK.

What happens when a consumer invokes their Florida Lemon Law rights?

In Florida, if a dispute arises between the owner and manufacturer regarding a lemon vehicle, the owner can request arbitration through the Florida New Motor Vehicle Arbitration Board. To be eligible, the owner must have first given the manufacturer a reasonable opportunity to repair the vehicle by submitting the defect notice discussed above. Some manufacturers offer an informal dispute resolution program through the Better Business Bureau. For a list of the manufacturers that participate in the BBB Autoline program, click THIS LINK.

The arbitration process is non-binding, meaning that the owner may still pursue legal action if they are not satisfied with the outcome. The process was created so that any consumer can represent themselves in the arbitration process without the need for an attorney.

During arbitration, an impartial third-party arbitrator will hear evidence from both sides and make a decision based on the facts presented. Note that it is the consumer’s burden to prove that the vehicle is defect. The fact that the vehicle was in for repairs for three or more time and/or out of service for 15 or more days is not in and of itself proof positive that the vehicle is defective. Think of those two requirements simply as preliminary gatekeepers to being able to issue a defect notice. It is the consumer’s obligation to provide evidence of a continuing defect. A consumer may do so with pictures, videos, independent testimony by an expert, etc. The arbitration decision may result in the manufacturer repurchasing the vehicle or offering a replacement. If the manufacturer fails to comply with the arbitration decision, the owner may take legal action to enforce it.