What is commonly called the “lemon law” is actually a federal law called the Magnuson-Moss Act which gives some degree of protection to consumer who purchases a product that continuously fails to perform as it should or to meet the quality standards that it must. Although the lemon law applies to all kinds of different products, the term “Florida Lemon Law” is generally thought of as a law that applies to defective vehicles.
If you buy a car in the state of Florida and the vehicle is defective you have certain legal recourse. In Florida the law provides for arbitration which can result in a full refund of the purchase price or a replacement vehicle. Lemon laws differ from one state to the next; some states even bring used cars into the picture but not Florida. If you buy a used car in Florida and it turns out to be a lemon you are on your own, in Florida the law only applies when you buy or lease a brand new vehicle.
If the vehicle cannot be repaired after a specific number of attempts to fix the same defect or the vehicle has been out of commission for a given period of time the vehicle manufacturer will usually replace it or refund the money paid.
Eligibility:
The Florida lemon law lays down conditions that must be met prior to arbitration proceedings; however, in Florida the law only applies for the first two years after you purchased or leased the vehicle.
* The defect must be such that it substantially impairs the safety, value or use of the vehicle.
* The vehicle must have been returned to an authorized service facility at least three times for the same defect, or;
* The vehicle must have been out of service for 15 cumulative days due to the defect.
Remedies:
Vehicle manufacturers are intimate with the Florida Lemon Law and as such they offer state-certified arbitration. If the manufacturer of your lemon offers this program this is your first stop toward a settlement. In the event there is no program offered by the manufacturer of the vehicle you have purchases or the outcome of arbitration was unsatisfactory then your next step is to approach the Florida New Motor vehicle Arbitration Board. Once your request is granted a hearing is scheduled, to ensure that you comply with the requirements of the office of the State Attorney General have all records and documentation that applies to the repairs as well as the days the vehicle was out of service.
