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Lemon Law Facts
Definitions pertaining to Florida's Lemon Law are found in Section 681.102, Fla. Stat. (Supp. 1992). While it is important to pay close attention to each of these definitions, the following requirements must be met in order to be protected under the Lemon Law: VEHICLES COVERED: (1) a new vehicle that is purchased primarily for personal, family, or household purposes; (2) new vehicles leased for more than one year pursuant to a written agreement which provided that the lessee (the consumer) is responsible for repairs. (Note: it also includes motor vehicles used as demonstrators if a manufacturer's warranty was a condition of the sale.) VEHICLES NOT COVERED: (1) vehicles run only on tracks; (2) off-road vehicles; (3) trucks over ten thousand pounds gross weight; (4) the living facilities of recreational vehicles; (5) motorcycles or mopeds. NONCONFORMITIES COVERED: Any defect or condition that substantially impairs the use, value, or safety of a motor vehicle. NONCONFORMITIES NOT COVERED: Any defect or condition that results from an accident, abuse, neglect, modification or alteration of the vehicle by persons other than the manufacturer's HTML AUTHORized service agent. WHEN A LEMON LAW ACTION MAY BE BROUGHT: Generally, this is known as the "Lemon Law Rights Period." It is the period ending eighteen (18) months after the original delivery date or the first twenty-four thousand (24,000) miles, whichever occurs first.
Many consumers become discouraged as the Lemon Law process initially appears long and complicated. However, if a consumer is persistent, patient, and carefully follows the procedures of the statute, briefly outlined below, the consumer may find relief under The Lemon Law. The procedure works as follows:
(1) There must have been, during the Lemon Law Rights Period, either (a) at least three attempts by the manufacturer or its agent to repair the vehicle for the same nonconformity or (b) the vehicle must have been out of service for repair by the manufacturer or its agent for one or more nonconformities for a cumulative total of thirty or more days. (Note: This does not include down time for routine maintenance prescribed by the owner's manual.) (2) Once the vehicle is out of service for repair by the manufacturer or its agent for one or more nonconformities for a cumulative total of fifteen or more days, the consumer must give written notice, by registered or express mail, to the manufacturer of the need for repair. The manufacturer then has a final chance to repair the nonconformity. (3) If the manufacturer's or its agent's final attempt to repair the nonconformity fails, the manufacturer, within forty days, must either replace or repurchase the motor vehicle.
Should the final attempt to correct the nonconformity fail, the consumer can then seek to enforce his right to either replacement or repurchase of the vehicle by taking the following steps:
(1) If the manufacturer has a dispute-settlement procedure then the consumer must first apply for relief under that procedure. (Note: Not all manufacturers employ such procedures. Be sure to check with your vehicle's manufacturer.) (2) If the consumer is not satisfied with the decision of the manufacturer's dispute-settlement procedure, he may then apply to have his case heard by the State of Florida's New Motor Vehicle Arbitration Board. (3) If Florida's New Motor Vehicle Arbitration Board declines to hear the dispute or if it hears the dispute and returns a decision adverse to the consumer, the consumer may file the case in Circuit Court. (Note: If the case is appealed from a ruling adverse to the consumer, such appeal must be taken within thirty (30) days of the ruling.)
In conclusion, the new motor vehicle must have been subject to repair for the same fault at least thirty (30) days. The consumer must also be acting in good faith, must provide proper notice to the manufacturer, and must submit to arbitration. For more complete information see "Preserving Your Rights Under The Lemon Law," published by the Office of the Attorney General. Copies of this publication may obtained by calling the Division of Consumer Services at: (800)321-5366 or by writing to: Office of the Attorney General |