Understanding the Florida Lemon Law

If you have a Car Dealership in Florida, then you have probably heard of the Florida Lemon Law. This law enables people who have purchased a car that has a severe defect to be able to receive a full refund or a replacement vehicle. This law was created to protect consumers. If one of your customers purchases a car that has a defect, does the Florida Lemon Law state that your dealership will have to give the customer a full refund? Not necessarily.

First, it’s important to make sure that the customer purchased a car under warranty. Customers who do not have a written warranty are not protected by the Florida Lemon Law. Likewise, customers who purchase a used car are not covered by this policy.

Second, the defect in the car must “substantially impair the use, value, or safety” of the vehicle in question. This means that a minor issue in the car is not covered under these policies. In addition, the vehicle must have undergone at least three attempts to repair the issue in question, and it must have been out of service for the repair for at least 15 days. All of this must occur within two years after the date of the delivery of the vehicle. This is known as the Lemon Law Rights Period.

If all of this does occur and a car is deemed a lemon, what happens next? Well, the next step would be to mail in a Motor Vehicle Defect Notification (MVDN) form to the manufacturer of the vehicle. The manufacturer then has ten days to repair or inspect the vehicle, if this does not occur, then the consumer may seek arbitration under Florida’s Lemon Law.

Many vehicle manufacturers offer a state-certified arbitration for defective vehicles. This is the place to go to seek retribution. If a manufacturer does not have this program,  then the Florida Office of the Attorney General must be contacted.

If you need help dealing with the Lemon Law, or any other automotive law, seek legal help from an attorney. Here at KFB-Law, we have many attorneys who specialize in Automobile Dealer Law. Feel free to get in touch if you have any questions or need legal help.