In a state known for growing lemons, Florida Lemon Laws are actually
meant to protect car buyers and not citrus farmers. The farmers have
their own set of laws. For car buyers, the lemon law covers only new
cars that were bought in the state. New is defined as a car that is
still under the manufacturer's basic warranty.
The lemon laws also apply to lease cars if the the driver is
responsible for any repair costs. What the Florida Lemon Laws won't
cover are any trucks that tip the scales at 10,000 pounds, ATVs,
motorcycles, mopeds or RVs. For everyone else with a car that's not
working and can't be fixed, you may be eligible for a replacement or
refund. First you'll need to qualify.
Florida Lemon Law Qualifications
Most people consider a lemon car to be a car that constantly breaks
down even when it's new. That's basically right, but these break downs
need to be something that can be traced back to the manufacturer's
error. It can't be the result of an accident you might have been
involved in or neglect.
To get the Florida Lemon Law process rolling, you will have to report
the defect with your car within the first two years of taking
ownership. You will also have to have made what they call a "reasonable
number of repair attempts." In Florida, "reasonable" means at least
three times. If the defect in question has also prevented you from
being able to use the car for at least thirty days (not in a row) then
you might also qualify for remedy.
You will have to notify the original car manufacturer of the problem by
certified mail. They will have the option to try one last attempt at
fixing your car before the next step. That next step will be an
arbitration hearing.
Florida Lemon Law Arbitration Hearing
The only time you should go to arbitration is if the car maker hasn't
lived up to their end of the bargain. They might have their own
internal lemon car replacement policies. Of course, that doesn't mean
they always use them. Once you feel that the car maker isn't doing what
they should be doing, you can present your case to the Florida New
Motor Vehicle Arbitration Board. This is controlled by the State
Attorney General.
After your case has been approved for arbitration, you'll be allowed to
present your evidence of the defect and repair attempts to a panel
consisting of three arbitrators. The more written detail you have, the
stronger your case will be. Not only should this include your own
notes, but also any statements and repair invoices from the mechanic.
The car maker also will be presenting their own side, but this isn't
like a "Law & Order" trial. You don't need a lawyer to make your
case. If the board rules in your favor then you get to pick whether you
want a replacement car or total refund. The rulings are final unless
there is an appeal. The car maker has 30 days to file an appeal. If
they don't, they'll need to rectify the situation within 40 days.