Florida Lemon Law

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• Definition of Nonconformity
• Manufacturer’s Duty to Repair
• Reasonable Number of Repair Attempts
• Final Opportunity to Repair
• Consumer Remedies
• Arbitration and Dispute Resolution
• Resale of Returned Vehicles
• Time Limit for Filing Claims
• Summary
• Request Free Case Evaluation

Definition of Nonconformity

Under West’s F.S.A. § 681.102(15), a nonconformity is a defect or condition that:

• Substantially impairs the use,

• Substantially impairs the value, or

• Substantially impairs the safety

of a motor vehicle, and is covered by the manufacturer’s warranty.

Manufacturer’s Duty to Repair

Under West’s F.S.A. § 681.103(1):

• If a vehicle does not conform to the warranty and the consumer reports the issue during the Lemon Law rights period, the manufacturer must make all necessary repairs at no cost to the consumer.

The Lemon Law rights period is defined in West’s F.S.A. § 681.102(9) as:

The first 24 months after the vehicle’s original delivery to the consumer.

Reasonable Number of Repair Attempts

A presumption that a reasonable number of attempts has been made arises under West’s F.S.A. § 681.104(3) if:

• The same nonconformity has been subject to repair at least three times, and the issue persists, or

• The vehicle has been out of service for repair for a cumulative total of:

• 30 or more days for standard motor vehicles, or

• 60 or more days for recreational vehicles

during the Lemon Law rights period.

Final Opportunity to Repair

Under West’s F.S.A. § 681.104(1)(a):

• After three repair attempts, the consumer must notify the manufacturer in writing, giving the manufacturer a final opportunity to repair the vehicle.

• The manufacturer has:

• 10 days to respond, and

• 10 days to complete repairs

(45 days to complete repairs for recreational vehicles)

Consumer Remedies

Under West’s F.S.A. § 681.104(2), if the manufacturer cannot conform the vehicle to the warranty after a reasonable number of attempts, the consumer may choose:

Replacement, or

Refund, which includes:

• The full purchase price

• Collateral charges

• Incidental charges

• Minus a reasonable offset for use

Under West’s F.S.A. § 681.104(2)(a), the consumer has the unconditional right to select a refund instead of a replacement.

Arbitration and Dispute Resolution

Under West’s F.S.A. § 681.109 and § 681.112:

• Consumers must first submit disputes to the Florida New Motor Vehicle Arbitration Board if the manufacturer has a certified procedure.

• If unresolved, the consumer may proceed to arbitration or file a lawsuit.

Resale of Returned Vehicles

Under West’s F.S.A. § 681.109 and § 681.112:

• Consumers must first submit disputes to the Florida New Motor Vehicle Arbitration Board if the manufacturer has a certified procedure.

• If unresolved, the consumer may proceed to arbitration or file a lawsuit.

Time Limit for Filing Claims

Under West’s F.S.A. § 681.112(2):

• Actions must be commenced within one year after the expiration of the Lemon Law rights period, or

• Within one year after the final action of an arbitration board or certified procedure.
  

Summary

Florida’s lemon law framework includes:

• A statutory definition of nonconformity

• Mandatory manufacturer repair obligations

• Repair attempt and out-of-service presumptions

• A required final opportunity to repair

• Replacement or refund remedies

• Arbitration and dispute-resolution procedures

• Disclosure requirements for resale

• Strict time limits for filing claims

If you believe your vehicle may qualify as a lemon under Florida law, contact Auto Lemon Lawyer today for guidance.