PROTECTION FOR NEW CAR PURCHASES OR LEASES

The purpose of the Florida Motor Vehicle Sales Warranty Act, a/k/a as Lemon Law (Florida Statutes 681.10 - 681.118), is to provide consumer protection for the purchase or lease of new motor vehicles sold or leased in Florida. The Lemon Law does not apply to the purchase or lease of used vehicles; nor does the Lemon Law apply to off-road vehicles, trucks over 10,000 pounds gross vehicle weight, motorcycles, mopeds, or the living facilities of recreational vehicles.

Florida's Lemon Law is designed to permit consumers or lessees whose new motor vehicle has substantial defects that are not corrected after a reasonable number of repair attempts to seek a full refund of the purchase price or, in the alternative, a new replacement vehicle. The rights afforded to the consumer under the Florida Lemon Law expires 24 months after the date of the original delivery of the motor vehicle to the consumer.

The Florida Lemon Law states that after three attempts have been made to repair the same non-conformity (problem or defect), the consumer shall give written notification to the manufacturer, by registered or express mail, advising the manufacturer of the need to repair the problem or defect, and further advise the manufacturer of the three previous, unsuccessful attempts by the dealer or agent to correct the problem or defect. The manufacturer shall then have ten days from the receipt of the consumer's notification to respond to the consumer and advise the consumer how the manufacturer plans to address the consumer's concerns.

The law presumes that if there has been at least three attempts by the manufacturer or its authorized service agent (dealers or other authorized agents) in addition to a final attempt by the manufacturer to repair the motor vehicle for the same non-conformity (problem or defect), that such non-conformity will substantially impair the use, value, or safety of the motor vehicle, entitling the consumer to a full refund purchase price, less a reasonable offset for the use of the motor vehicle. Alternatively, should the consumer and manufacturer agree, a replacement motor vehicle may be provided to the consumer. However, the consumer has the unconditional right to choose a refund rather than a replacement motor vehicle. (See F.S. '681.104)

Pursuant to the Florida Lemon Law, the manufacturer or its authorized service agent would be required to make repairs to the non-conformity (problem or defect) at no cost to the consumer; however, the consumer must first place the manufacturer on notice by written correspondence. Additionally, in the event that the Division of Consumer Services of the Department of Agriculture and Consumer Services has certified a dispute settlement procedure which the manufacturer has established for the resolution of Lemon Law issues, then the consumer must first participate in the certified dispute settlement procedure which the manufacturer has established before he may avail himself of the rights afforded to the consumer under the Florida Lemon Law.

CONSUMER REMEDIES

In the event that a consumer's good faith efforts to resolve Lemon Law issues with the manufacturer as described above have been unsuccessful, the consumer may file a lawsuit against the manufacturer seeking to recover damages caused by the manufacturer's violation as well as any pecuniary losses, litigation costs, and reasonable attorney's fees in the event that the consumer is successful in this lawsuit. Any lawsuit to recover damages under Florida Lemon Law must be commenced within one year after the expiration of the Lemon Law rights period (i.e., within 36 months of the original delivery date of the motor vehicle to the consumer). (See F.S. '681.112)

The Florida Motor Vehicles Sales Warranty Act (Lemon Law) affords the consumer important protection for new car purchases or new car leases. The law requires, however, that the consumer use good faith efforts and be diligent in pursuing his remedies under the Florida Lemon Law. Consumers are advised to insist that any warranty repair work done on their motor vehicle by the manufacturer or the manufacturer's service agent be fully documented and the consumer must maintain those warranty records in order to establish the manufacturer or the manufacturer's service agent's failure to comply with the Florida Lemon Law. For further information regarding the Florida Lemon Law, you may contact the Division of Consumer Services of the Department of Agriculture and Consumer Services, toll free, at 1-800-321-5366, or call Staack & Simms, P.A. for further assistance.