In the state of Florida, if your vehicle is determined to be a lemon, you are entitled to a refund of your money minus a deduction for mileage from the mileage at the first repair, and the manufacturer also pays off your loan, and you return the vehicle to the manufacturer. Or in the alternative, you’re entitled to a replacement vehicle. You’d be entitled to a new vehicle in place of your current vehicle, and there’s also the possibility of cash compensation where you keep your vehicle. In all of those instances, the manufacturer’s required to pay the attorney’s fees as well.
What vehicles Are Covered Under the Florida Lemon Law?
Florida lemon law covers new passenger vehicles , SUVs, vans, and trucks under 10,000 pounds that are purchased in Florida. It also covers demonstrator vehicles, vehicles that are lease-purchased, and leased vehicles if the lease is for one year or more and the lessee is responsible for taking the vehicle in for repair. In addition, it covers used cars that are sold by dealers within two years of the original purchase and if both the old owner and the new owner use the vehicle for personal, family, or household purposes.
In order to be considered a “lemon,” the vehicle must meet the following requirements:
Does not conform to the manufacturer’s express warranty
Has substantial defects affecting the use, safety, or value of the vehicle
Has manufacturer’s defects that occurred during the first two years from the original owner’s delivery date
Has been taken in three times for the same problem or if it has been out of service for 30 business days due to a series of unrelated problems
After the dealer has tried to repair the vehicle three times or a total of 15 days, the manufacturer has been notified and given an opportunity to repair the vehicle
Florida Statutes Chapter 681 is the state’s lemon law.
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Does the Florida Lemon Law apply to used cars?
Typically a vehicle that is purchased used may still qualify as a lemon if it was purchased and the problems occurred while the vehicle was still under the manufacturers new car warranty or possibly covered by a certified pre-owned warranty or extended warranty. Finally it should be noted that a used vehicle that is purchased as is and without a warranty cannot qualify as a lemon under the Florida Lemon Law.
Getting Lemon Justice — Relief Under Florida Lemon Law
Florida lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
The full contract price, less any outstanding amounts owed to a lender
Sales tax
Registration fees
Finance charges paid on your loan
Cost of dealer-installed options
Cost of extended warranty
Non-dealer added options
Incidental costs
Allowance for trade-in vehicle
Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle. That deduction is calculated by taking the purchase price, less any manufacturer rebate or negative equity resulting from a trade-in, and multiplying it by the mileage on the date of the arbitration hearing, and then dividing it by 120,000. Mileage that is accrued from dealer test drives, pre-arbitration inspections, and independent inspections for the manufacturer’s informal dispute process is not included in the equation.
Pursuing a FL Lemon Law Claim
Under Florida lemon law, you must notify the manufacturer of the problem with your vehicle after the third repair attempt or after the vehicle has been out of service for 15 days, and give the manufacturer the opportunity to fix it one last time. The demand letter should be sent by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use. If your vehicle has had three or more repair attempts, the manufacturer has 10 days from the day it receives your letter to contact you and arrange an appointment for a final repair attempt.
Before you are eligible to file a Lemon Law claim in court, you must also participate in your vehicle manufacturer’s state-certified dispute resolution process (for example, arbitration, conciliation, or mediation). If your vehicle manufacturer does not have a state-certified program, you must submit your dispute to the Florida New Vehicle Arbitration Board. If you are offered a settlement through the arbitration process, you can decline the settlement and file suit.
Hiring a Lemon Law Lawyer in Florida
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or suing the automaker, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a Florida lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.
What Happens When You Hire a Lemon Law Lawyer?
A good lemon lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a refund, a replacement vehicle, or a cash settlement. Your Lemon Law attorney will ask you for all of your records, such as repair orders and correspondence, that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer. Your lawyer should be able to resolve your case within one to two months.
Your Lemon Law Legal Rights
Think you have a lemon? Sit back and let the experts work out your lemon case at no cost to you. The law makes car manufacturers pay legal fees. You may be able to get your lemon out of your life. Every year, auto manufacturers buy back, replace or pay cash settlements to thousands of ‘lemon’ owners like you.
Who are we? We are Lemberg Law, a Consumer Law Firm
Lemberg Law is a consumer law firm helping victims of bad manufacturing and run-arounds from auto companies. We are ranked A+ by the BBB. Call our Helpline today! There is no charge unless we win.
What is the Lemon Law in Florida?