Lemon Law In Florida
The lemon law in Florida only applies to new or demonstrator vehicles that are either sold or leased on a long term basis. Unlike other states, the lemon law does not cover motorcycle, mopeds, off road vehicles, living facilities inside motor homes, trucks with a gross weight of 10,000 pounds or more as well as vehicles that were purchased for the purposes of resale.
This law covers defects or conditions that impair the use, value or safety of the vehicle which can only be determined if the vehicle has been in and out of the shop several times but no significant improvements are reported for 15 or more cumulative days. These defects have to be reported within the first 24 months after the date of delivery.
If the manufacturer fails to repair these defects, it has no choice but to buy back the vehicle and give you a purchase price refund or a replacement vehicle.
You won't know if your car is a lemon once you get this from the dealer. It takes time which is why you should always keep records repair and maintenance. If you have encountered the same problem at lest 3 times, you can already send the manufacturer a written notice to give them one last chance to fix it.
If you don't know how to write letter, you can get a motor vehicle defect notification form. Once this is received, they have to respond within 10 days to take the proper action and another 10 days to fix the vehicle.
Should the problem still exist, you can settle this dispute through an arbitration program. Some companies have one that is state-certified. If the program fails to issue a decision within 40 days or you are not happy with the ruling, you can bring this matter to the Florida New Motor Vehicle Arbitration Board.
Cases that are approved will be scheduled within 40 days. The panel will be composed of three individuals who are knowledgeable about the lemon law as well as have automotive technical experience and a background in engineering. The hearing ends when the group renders an oral decision and submits a written copy both to you and the manufacturer.
If the panel decides in your favor, the manufacturer has no choice but to respect the decision and comply with it. You will be given the choice to get a replacement vehicle that must be of similar make and model. This must not exceed 105% of the MSRP. You can also get a refund that is the purchase price of the vehicle which also includes costs incurred in connection with the purchase of the vehicle as well as incidental charges.
A certain amount will be deducted for the use of the vehicle which is a statutory formula based on the mileage attributable to the consumer as of the date of settlement or an arbitration hearing whichever comes first.
But if the panel again decides in favor of the manufacturer, you can make one more effort by bringing this matter to the circuit court within the next 30 days. Just remember that the manufacturer can also do the same since they can also file for an appeal.
The lemon law in Florida is only valid during the first 2 years of use of the vehicle. So if you have a recurrent problem, it is best to report this to the manufacturer at once.
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