Every state has its own version of a lemon law that applies to the purchase of a vehicle. In Florida the law applies to new vehicles or demonstrators, the vehicle can be either purchased outright or leased. The intent of the Florida lemon law is to provide remedies for those who purchase a vehicle with a defect that impairs the use, value or safety and the defects cannot be repaired after a reasonable number of tries or the vehicle is out of service for a certain number of days.
The owner of the vehicle or the lessee must be the individual that can enforce the warranty and the defect becomes apparent in the first 24 months after the car was delivered to the first owner.
The vehicle manufacturer is granted three attempts to fix the problem, if, after three attempts the problem persists, the owner or lessee must advise the manufacturer of such by registered mail, the manufacturer is entitled to one last attempt to solve the problem.
If the vehicle is out of service and the owner cannot use it for a cumulative total of 15 days the manufacturer must be notified, once again by registered mail. The manufacturer or authorized representative, often the dealer, must be one further chance to inspect the vehicle and repair it.
If the faulty vehicle cannot be repaired within the stated number of attempts the manufacturer is given two options; either refund the purchase price or replace it with a substantially identical vehicle. Under Florida lemon law it is presumed that the vehicle is a lemon if the defect remains after the final attempt to repair it has been made or the vehicle is put of service for a full 30 cumulative days and the manufacturer or dealer was given a final opportunity to make the repairs.
If the owner opts for a refund the amount includes collateral charges which include taxes, registration and licensing fees and any finance charges incurred.
There are certain steps that must be taken to be in compliance with the Florida lemon law. If the vehicle manufacturer has a dispute settlement program in force the owner or lessee must submit to it. In the event the manufacturer does not have a program for arbitration of the dispute or the dispute is still open after 40 days or the decision is not satisfactory for the owner then the dispute can be taken to the state arbitration board.
If you live in Florida and believe you have purchased or leased a lemon vehicle then you will be faced with dealing with the complexities of the Florida lemon law. You are invited to visit America’s trusted source for lemon law information; Lemon Law America. Click here for more info.
