Understanding Florida Used Car Lemon Law

Florida Lemon Law Overview

Florida’s Lemon Law Statute in Chapter 681, Florida Statutes, protects consumers of lemon vehicles which were purchased for personal, family or household purposes. Lemon Law protection may extend to consumers who purchased a vehicle for business purposes only if the vehicle is classified by the IRS as a "larger vehicle". Larger vehicles are those which have a gross vehicle weight rating of more than 10,000 pounds, have a net weight of more than 6,000 pounds, or are:
• A van or feeder truck that is manufactured primarily for transporting persons or property to which a payload capacity of 1 , 000 pounds or greater has been permanently attached. Such vehicle must carry a minimum of six persons in addition to the driver; or
• An incomplete vehicle that requires a truck-tractor to be transported.
Under the Lemon Law, the following vehicles are protected:
• New vehicles;
• Used vehicles; and
• Demonstrator vehicles.
Consumers benefit from the Florida Lemon Law because it creates an implied warranty that the vehicle is free from all defects in materials, workmanship, and title which result in nonconformities that would render the vehicle unfit to be driven by a reasonable consumer. The Lemon Law further guarantees the vehicle has been properly distributed, labeled, packed, etc. It is these defects in materials, workmanship or title which result in nonconformity that trigger Lemon Law protection.

Used Cars That Qualify

Florida’s lemon law for used vehicles, as with many other state lemon laws, establishes certain criteria that a used car must meet to be eligible for protection. First and foremost, the used car must fall within the scope of cars that the State of Florida considers "lemon" cars. In order for a used car to be a "lemon," it must be covered by an express written warranty, and it must also have been purchased from a dealer who is a member of the Florida Automotive Dealers Association, Inc. Furthermore, to qualify as a "lemon," the used car must also be a passenger car, van, minivan, or motorcycle that has a gross vehicle weight of less than 10,000 pounds. Generally, the used car must have been originally purchased or leased not more than 18 months after the filing of the initial complaint. The second key factor to whether a used vehicle can be classified as "lemon" is based on the nature of the defect itself. Most types of defects can lead to a used car being classified as "lemon," although there are some exceptions. Under the law, the defect must be significant and likely cause the owner to be reasonably unsafe if the defect goes unrepaired. The defect must be reported to the dealer. In addition, the defect becomes presumed when the vehicle has gone in for repairs three or more times in a four-year period for any one particular defect. Alternatively, the defect must render the vehicle at least once for a cumulative total of at least 15 or more days of repair. Failing to report the defect to the dealer within 24 hours can disqualify the claim.

What to Do if Your Used Car is a Lemon

If you are in a position where you need to find out if your used car is a lemon even though it is out of warranty, you are not alone. Every year thousands of consumers find themselves in the unfortunate position of needing to know if their used car is a lemon even thought they are unable to rely on the manufacturer warranty for a resolution. Fortunately, Florida Law provides some requirements that consumers must satisfy in order to receive coverage under Florida Lemon Law for Used Cars. As your first step, you must schedule a vehicle inspection at the manufacturer’s authorized dealership. This inspection must take place at the OEM’s dealership. If you are unable to do so, you should at least schedule an appointment and gather as much information about your communications with the authorized dealer to discuss the problem. If you were forced to take your car to a non-authorized dealer because the authorized dealer cannot get you in to see them, make sure to obtain proof of that appointment at the non-authorized dealer. You will need to show evidence that you made reasonable efforts to resolve the problem and got rejected or had to wait too long. Once you can establish these efforts did not work, you can complete the required documents which include Lemon Law Notification of Intent to Resolve Opportunity Form, Vehicle Inspection Form, and Consumer Election Form and file them in State of Florida Lemon Law site. When all is said and done, you should expect that Florida Department of Agriculture and Consumer Services will inform you of the results regardless if you get a favorable or unfavorable outcome.

Rights for Consumers and Obligations of Manufacturers

When a lemon law filed on a used motor vehicle is found eligible for relief under the Lemon Law, what happens next? The Lemon Law provides that the arbitrator can set as a remedy the repurchase or replacement of the vehicle, or a refund of the cost of the vehicle. However, the arbitrator can also set as a remedy the payment of the consumer’s attorneys’ fees, and reimbursement for travel expenses, repairs, etc .
Here’s the rub. The lemon law does not state who is responsible for the payment of these remedies. It was only in the 2006 case of Winegarden v. General Motors Corp., DOAH Case No. 04-04916 (2006), that the Florida Department of Agriculture construed the statute and determined that the manufacturer is responsible for paying every remedy except the repair costs.

Litigation and Remedies

If the manufacturer is unwilling to offer a suitable refund or replacement vehicle, or if the consumer wishes to pursue legal action, options exist under the Lemon Law. It is important to note from the outset that the presumed Lemon Law timeframe for the manufacturer’s participation process has expired. Only in rare circumstances will a request for a refund or replacement be sufficient to "compel" the manufacturer to take notice and grant the request outside of the context of a formal hearing. Given that Lemon Law hearings are a form of alternative dispute resolution (ADR), legal representation is required to maximize your chances of success.
If all avenues and attempts at resolution are exhausted, a Lemon Law hearing is the final recourse. A Florida resident must have pursued all avenues with both the manufacturer and the dealer prior to filing the Consumer Complaint form. With rare exception, one-time "repair attempts" are insufficient to satisfy the 3-strike requirement.
Of critical importance is the fact that a request for a hearing must be brought within 60 days of the manufacturer’s issuance of the final repair attempt. As previously discussed, a time extension beyond 60 days is rarely granted. Regardless of which Lemon Law the consumer is pursuing, the request for a hearing is mandatory (non-binding) to resolve allegations of a violation of the federal Lemon Law. Read more about the differences between the federal and Florida Lemon Laws, there.
Once the Department of Consumer Services receives the request for a hearing, it is within 5 days of receipt that a notice to the consumer and the manufacturer will be sent which indicates that the request for a hearing has been received and accepted for a hearing. Again, this request for a hearing will pertain to either the Florida Lemon Law or the federal Magnuson Moss Warranty Act. After notice and acceptance by the State, the Department will mail a list of neutral mediators to both parties for selection. Each party has a set number (2) of selections of the mediators a piece, and the selected mediators will mediate between the manufacturer and consumer "with the objective of reaching a mutually satisfactory agreement." The selection of the mediator is dependent on the type of Lemon Law claim being pursued.
Should the parties be unable to resolve their disputes, a hearing will proceed before an administrative law judge, designated by the State. The administrative law judge will review the following elements: The administrative law judge will then issue a recommended order, which is sent to the State for review and approval. Once approved by the State, the recommended order is returned to the Administrative Hearing Clerk. At this time, both parties have the right to file an appeal of the recommended order.
The overall goal, however, is to avoid the necessity of a hearing altogether. If you have a Lemon Law claim, we can help you with the paperwork and submission of your request to the State, which can be a bit complicated and confusing. Once filed, the process is virtually automatic and you need not go through the process alone. The preliminary notice of hearing, which sets the timeframe for selection of mediators, is almost always issued within a week of submission of your complaint to the State. An experienced lemon law attorney understands the importance of following through from filing of a complaint through the administrative hearing, and can greatly reduce the level of stress you may feel as a complaint consumer.

Updates and Developments

In the spring of 2018, Florida’s Lemon Law for used cars underwent some key changes designed to provide additional protections to vehicle purchasers. Most notably, these changes extend the same "presumptive" protection for sellers of used vehicles with less than 60,000 miles sold with a warranty, as was already available to sellers of used vehicles with 60,001 to 100,000 miles sold with a warranty. For a used car buyer, protections against "as-is" language have been in place for decades. Now, when purchasing a vehicle that is covered by warranty and the odometer reading is between 60,001 to 100,000 miles, a purchaser may obtain a presumption that the seller breached the warranty if the buyer gives notice of a defect to the seller within the first 12 months of the warranty or 12,000 miles of purchase, whichever comes first. Other statutory limits did change for used vehicles, but note that the amendments to the statute are not reflected in the statute’s text . Specifically, the current law providing a vehicle buyer with a "lemon" presumption where the vehicle’s nonconformity remains uncorrected after three repair attempts, now states the overreaching time limit is 24 months rather than the previous 18 months; however, it lists satisfied claims as a consideration in determining when the statute of limitations for a claim has expired, which may have always been the case. The biggest takeaway from these changes is that consumers who now are stuck with a defective used vehicle with a faulty engine or transmission, or other covered major mechanical issue, may have more recourse through the lemon law than in years past. While the law leaves unchanged the valuation question—determining the vehicle’s depreciated value in its defective condition at the time of a repurchase—there may be more victory lap rides in Florida’s used car lemon law future.