As a consumer, you have the right to purchase a good-quality vehicle. However, if you feel you have been sold a lemon car, you may need to use the Florida Lemon Law to seek justice. There are several important things you must know about this law, such as when it can be used and what it covers.
Four Things to Know About Florida Lemon Law
1. The Law Has a “Lemon Law Rights Period”
The lemon law in Florida has a “rights period”, which is somewhat similar to a statute of limitations. After you purchase a vehicle, you can report any nonconformities about the vehicle to the manufacturer for up to 24 months, which starts from the date of the vehicle purchase or vehicle delivery. During this time, you must document and report all nonconformities to the manufacturer so you can replace or repair the lemon vehicle. After 24 months, you will no longer be able to report a defective vehicle.
The 24-month cut-off is due to the fact that normal vehicle wear and tear can make it hard to tell what causes a vehicle defect after two years. At this point, any problems could be caused by the driver, so the manufacturer is not necessarily responsible for the nonconformities. It’s also important to note that, even within the 24-month rights period, the lemon law does not apply to nonconformities caused by accidents.
2. The Law Does Not Cover All Vehicles
Before you contact a lemon law lawyer in Florida, you should know that the lemon law does not cover all vehicles. In general, this law will apply to most personal vehicles you can purchase at a dealership, even used cars. However, if you have purchased a vehicle that weighs over 10,000 pounds or a vehicle that only runs on tracks, you cannot use this law to protect your consumer rights.
Vehicles that are intended for recreational use, such as off-road vehicles, are also not covered by this law. Motorists who drive mopeds and motorcycles also cannot use this law. If you aren’t sure your vehicle qualifies for the lemon law in Florida, a lawyer will be able to tell you if your case is eligible.
3. The Law Requires a “Reasonable Number of Attempts” for Repairs
Under the lemon law in Florida, manufacturers or authorized servicers must make at least three attempts to repair a vehicle. If these attempts are unsuccessful, this is considered a “reasonable number of attempts”. It’s essential to report repair attempts to the manufacturer, since these records will support the need for vehicle replacement or repair. Repair attempts can be reported via certified mail. You can also use a Motor Vehicle Defect Notification form to report repair attempts.
4. The Law Does Not Cover All Vehicle Components
Finally, the lemon law does not cover all vehicle components. If you have modified or altered the vehicle without authorization, such as by using aftermarket equipment, you will not be able to file a dispute about these components. On the other hand, if a servicer approved by the manufacturer completes authorized modifications, you will be able to file a claim for any defects.
The lemon law in Florida offers consumers protection from defective vehicles that may cause costly repairs. If you have made a reasonable number of attempts to repair a vehicle, and you are still within the 24-month rights period, you can contact a lawyer to file a dispute to replace or repair your vehicle.
