Your right under the Lemon Law in Florida can be exercised only if the vehicle has a significant defect that impairs its use, value or safety. The definition of significant defect varies from vehicle to vehicle and is different in most of the cases. Defects caused by abuse, modification or alteration by unauthorized service agents or those caused by accidents or neglects are not covered.
Under the Florida State lemon law , if the vehicle does not meet the warranty provided by the manufacturer, and if this defect is notified by the owner to the manufacturer, the vehicle needs to be repaired free of charge. The defect, however, needs to be identified and the notification be made during the lemon law right period of a maximum of 12 months or 12,000 miles, which ever comes first.
If the vehicle is purchased from a dealer and the dealer is notified, the law requires the dealer to put a written notice to the manufacturer within a week. This means that placing a notice to the dealer would mean a notice to the manufacturer altogether.
Also, if the manufacturer fails to repair the defect even after a substantial attempt, the consumer is entitled to a replacement of this vehicle or a full refund.
The replacement vehicle provided by the manufacturer will be identical or reasonably equivalent to the vehicle to be replaced.
If a refund is made to the consumer, the manufacturer shall repay the owner all collateral charges and incidental costs.
Before a replacement or a refund becomes mandatory for the manufacturer the law allows the manufacturer to: 1. repair a safety defect in braking or steering system at least once 2. repair any other severe safety defect two times
However, if the vehicle stays out of service for a total of 30 calendar days, the consumer is entitled to a replacement or a refund.
If, on the other hand, the manufacturer refuses to make any repairs after receiving the notice, the owner should notify the manufacturer in writing, by certified post, with a return receipt requested, stating the problem. And if the car was purchased from a dealer it should also mention that the dealer refused to repair the vehicle if such is the case.
Success in lemon law right depends on 1. Record keeping 2. Providing the right notice to the manufacturer 3. Use of arbitration program when required.
You should always seek proper legal advice from a Florida lemon law attorney if you decide to pursue your claim.