One of the most common consumer right problems deals with defects that are present in new vehicles. Often, a consumer needs to know what rights he has under the Florida Motor Vehicle Lemon Law with respect to defects and conditions found in the automobile after its purchase. First, the consumer needs to know whether his vehicle is covered by the Lemon Law. In general, vehicles that are covered are those purchased after January 1, 1989 or leased after January 1, 1989 if the person leasing the vehicle is responsible for making repairs or there is a lease purchase agreement. Used motor vehicles are generally not covered by the Florida Motor Vehicle Lemon Law, however, the used motor vehicle is covered only if the vehicle was transferred from one consumer to another within eighteen months after the date of the original delivery of the motor vehicle to the consumer, or the first 24,000 miles of the consumer’s operation, whichever occurs first. Vehicles that are not covered are non-motorized and off-road vehicles, vehicles that run only upon tracks, motorcycles and mopeds, RV’s, and vehicles leased for a period of less than one year.

In general, vehicles presumed to be a "lemon" if the vehicle has a defect or condition covered by the manufacturers warranty which substantially impairs the use, value or safety of the vehicle and the defect or condition is reported to the manufacturer or its authorized service agent within eighteen months after the date of the delivery of the vehicle to the consumer for the first 24,000 miles of the consumer’s operation, whichever occurs first, and the same defect or condition has been subject to repair at least three times or the vehicle has been out of service for repair of one or more defects for a cumulative total of 30 days, provided that after 15 days out of service, the manufacturer is given written notice. Florida’s Motor Vehicle Lemon Law is not as simple as it may appear and often there are exceptions to the rules. Nonetheless, if your vehicle qualifies as a "lemon", there are significant procedural requirements you must follow to hold the manufacturer liable for the repairs on the vehicle or for replacement of the vehicle or ultimately for a refund of the purchase price of the vehicle. Should you need any additional information regarding Florida’s Motor Vehicle Lemon Law, please feel free to speak to an attorney with Staack, Simms & Hernandez or contact the Division of Consumer Services of the Department of Agriculture and Consumer Services at 1-800-321-5366. The Division of Consumer Services publishes a pamphlet which summarizes in detail Florida’s Motor Vehicle Lemon Law. To receive the pamphlet, call 1-800-321-5366. There are many aspects of the Florida Lemon Law and it is not possible to address all of them here. Hopefully, this has answered a few of your general questions. We at Staack, Simms & Hernandez thank you for visiting our website. Please phone, write or e-mail if we can be of any further service to you.