Did you know that lemon laws have only been around since 1975, but are now found in every state in the US?

Each state has its own lemon laws, and what constitutes a lemon in one state may not qualify in another.

If you’re a Floridian, it’s important to know your rights in the event that you buy a lemon.

Read on to learn some important facts about lemon law in Florida.

What is Lemon Law?

Lemon is a slang term that originated in the UK. It refers to any product considered to be of substandard quality.

Lemon law offers consumers protection against being sold defective products. It is most often applied to vehicles, but in some states, lemon laws apply to almost any products over a specific value.

The purpose of lemon law is to provide relief to consumers who have bought “a lemon” and are unable to fix their problems.

What is Florida Lemon Law?

As mentioned earlier, each state has its own lemon law. How does lemon law apply in Florida?

As you might expect, lemon law is a general term for this type of legislation, rather than a legal term. In Florida, the law is called the Motor Vehicle Warranty Enforcement Act.

It applies to vehicles that are sold with nonconformities. A nonconformity is defined as a defect that substantially impairs the use, safety, or value of a motor vehicle.

What is Covered by Lemon Law in Florida?

Florida lemon law applies to any new vehicle, used primarily for personal, household, or family purposes.

There are exclusions, including:

  • vehicles that run only on tracks
  • off-road vehicles
  • trucks over 10,000 lbs gross weight
  • the living facilities of recreational vehicles
  • motorcycles
  • mopeds

The mechanical parts of an RV are covered, just not the living facilities. If the problem is with the engine, then lemon law would apply to an RV.

Florida lemon law does not apply to a defect that results from the following circumstances:

  • accidents
  • abuse
  • neglect
  • alterations by persons other than the manufacturer or an authorized service agent

What Type of Vehicles Does Florida Lemon Law Apply To?

The types of vehicles that lemon laws apply to will vary from state to state. Here’s the lowdown for Florida.

New Vehicles

Any new car purchased in Florida falls under the Motor Vehicle Warranty Enforcement Act. The defects must be reported during the 24 months following the vehicle’s purchase. Beyond this time, the act no longer applies.

Used Vehicles

If you purchase a used vehicle within that 24 month window, the rights of the original owner pass over to you. That means that if you are the second owner, and fewer than 24 months have passed since the original owner purchased the vehicle, Florida lemon law still applies.

If you buy a used vehicle this is more than 24 months old, the Motor Vehicle Warranty Enforcement Act won’t apply, but you may still be able to make a claim under the federal Magnuson–Moss Warranty Act.

Leased Vehicles

Florida lemon law also applies to leased vehicles. However, you will only be able to claim back the value that you have paid into the lease. If you’ve only made one payment on your lease, for example, then that would be the maximum amount that you could claim; you wouldn’t be able to claim for the entire value of the vehicle.

How Do I File a Florida Lemon Law Claim?

In order to qualify for compensation through Florida lemon law, the manufacturer must first be given an opportunity to rectify the defect.

After three unsuccessful attempts to repair the nonconformity, you must notify the manufacturer by registered or express mail of the need to repair the nonconformity. The manufacturer then has 10 days, or 45 days in the case of RVs, to make one final attempt to fix the issue.

If the manufacturer is unable to make a satisfactory repair, then the vehicle is considered a lemon, and you can make a claim.

In addition, if the vehicle has been out of action for repairs for a cumulative total of 15 days, the owner can notify the manufacturer in writing. The manufacturer then has up to 30 days in total to effect repairs. This extends to 60 days for RVs. If the manufacturer is unable to perform adequate repairs in this time, the vehicle is considered a lemon.

Do I Need a Lemon Law Attorney?

This where things can get complicated.

If the manufacturer has a state-certified dispute resolution process, you’ll need to go through that process. If not, they have 40 days to reach a resolution with you. If this doesn’t happen, you’ll need to file for arbitration.

This is where we would definitely recommend hiring the services of a lemon law attorney. They will be able to help you navigate the entire process, and ensure that you don’t miss out on making a successful claim. For example, they’ll be able to advise you that you only have 60 days to file your claim after the expiry of the lemon law rights period.

A lemon law attorney will give you the best shot of getting the compensation you deserve.

Know Your Rights

Understanding lemon law in Florida ensures that you’re aware of your rights. If your car is a lemon, you need to know what Florida lemon law covers in order to make a successful claim.

We would always recommend speaking to a lemon law attorney as they can help you maximize your chances of receiving a positive outcome for your lemon law claim. They have the expertise you need to navigate lemon law claims successfully.

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