The Florida Lemon law was designed to protect consumers against purchasing a new vehicle that was not manufactured to meet acceptable design or safety standards. When a consumer buys or leases a new vehicle, the dealer is required to provide a publication called "Consumer Guide to the Florida Lemon Law." which outlines the rights of the consumer. If a Florida consumer thinks he has purchased a lemon, he should follow certain procedures.
Conditions
For a vehicle to be considered a lemon, the following conditions should apply: the vehicle must have been purchased or leased as new in Florida; the vehicle has a problem that substantially impairs its operation; the vehicle has been taken to an authorized dealer at least three times or has been out of service for at least 15 consecutive days for the same problem; the appropriate Lemon Law form has been mailed to the manufacturer; a final repair attempt was made after the manufacturer was notified; and documentation showing the attempted repair work exists.
Ineligible Vehicles
To be covered under the lemon law, the vehicle cannot be a truck that weighs more than 10,000 lbs. or any type of off-road vehicle such as an ATV. Motorcycles and mopeds are not covered, nor are the living facilities of a recreational vehicle. Additionally, vehicles that were purchased for the sole purpose of resale will not be covered.
Process
If the above conditions have been met, you should complete a Request for Arbitration Package, which you can obtain by calling (800) 321-5366. For instructions on complete the form and continue with the process, click on the link for 800helpfla.com (see Resources). The form will be reviewed and, if the case is accepted, an arbitration hearing before the Florida New Vehicle Arbitration Board will be scheduled within 40 days.
Arbitration Board
The Florida New Vehicle Arbitration Board consists of three individuals who are responsible for hearing the cases involving the Lemon Law. A hearing for each case will last anywhere from 2 to 4 hours, and the board might meet 2 to 3 days per month for hearings as dictated by the caseload. The background of the arbitrators typically includes areas of law, engineering and automotive technology, along with experience in dispute resolution.
Remedy
If the board finds that the vehicle is a lemon, the consumer will be given the choice between receiving a replacement vehicle or a refund. An offset will be charged against the consumer to account for the cost of use of the vehicle while it was in his possession, including the number of miles driven.
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