Dealing with a car that constantly malfunctions can be incredibly frustrating, not to mention costly. If you’ve bought or leased a vehicle in Florida that turns out to be a “lemon,” you have rights under the Florida Lemon Law to receive compensation.
This law is designed to protect consumers from defective vehicles. In this article, we’ll walk you through the process of filing a Lemon Law claim in Florida, step-by-step.
Understanding the Florida Lemon Law
The Florida Lemon Law, officially known as the Motor Vehicle Warranty Enforcement Act under Chapter 681 of the Florida Statutes, aims to protect consumers who purchase or lease new vehicles with significant defects. It applies to vehicles purchased or leased in Florida and covers defects that substantially impair the vehicle’s use, value, or safety.
To qualify under the Lemon Law, the vehicle must meet certain criteria:
- The vehicle must have a substantial defect covered by the warranty.
- The defect must occur within the first 24 months of ownership.
- The manufacturer must be given a reasonable number of attempts to repair the defect.
Reasonable Number of Repair Attempts:
- Three Repair Attempts: If the same defect has been subject to repair three or more times, and the defect still exists, the vehicle may be deemed a lemon as the manufacturer was given ample time and opportunity to fix the problem.
- 30 Days Out of Service: If your vehicle has been out of service for repair of one or more defects for a cumulative total of 30 days (not necessarily consecutive), it also qualifies under the Lemon Law.
If your car meets any of these two conditions within the first 24 months of purchasing or leasing the vehicle, it will qualify under Florida Lemon Law. If the manufacturer fails to resolve the defect within these parameters, you have the right to file a Lemon Law claim.
Preparing to File a Claim
Before you can file a Lemon Law claim, it’s essential to prepare properly. This involves identifying the defects in your vehicle and gathering all necessary documentation.
Identifying Vehicle Defects: Pay close attention to any issues with your vehicle. These could range from engine problems to faulty brakes, or any other defects that impair the vehicle’s use, value, or safety. Here are some common defects covered under Florida Lemon Law.
Collecting Documentation: Proper documentation is crucial. Here’s what you need to gather:
- Purchase or Lease Agreement: This proves you own or lease the vehicle.
- Repair Records: Keep records of all repair attempts, including dates, work performed, and outcomes. Repair documents such as repair orders, invoices, and receipts are very important and must be kept and filed.
- Communication with Manufacturer or Dealer: Document any communication you’ve had with the manufacturer or dealer regarding the defects. This includes emails, private messages in social media chats, voice mails, and text messages.
Steps to File a Lemon Law Claim
Once you’ve identified the defects and gathered your documentation, you can start the process of filing a Lemon Law claim.
Step 1: Notifying the Manufacturer
The first step is to notify the manufacturer of the defect. This should be done in writing, detailing the issues with your vehicle and the repair attempts that have been made. Make sure to send this notice via certified mail so you have proof of delivery.
Step 2: Taking the Vehicle for Repairs
You must give the manufacturer a reasonable number of attempts to repair the defect. This usually means at least three repair attempts for the same issue, or the vehicle being out of service for a cumulative total of 30 days.
Step 3: Requesting a Final Repair Attempt
If the defect persists, you must request a final repair attempt from the manufacturer. The manufacturer then has one last opportunity to fix the issue. This request should also be made in writing.
Step 4: Filing a Complaint with the Florida DHSMV
If the final repair attempt is unsuccessful, you can file a complaint with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). You’ll need to fill out specific forms and provide all the documentation you’ve gathered. The DHSMV will review your complaint and determine if your case qualifies for arbitration.
The Arbitration Process
Arbitration is an important option under the Florida Lemon Law to seek compensation for a defective vehicle. Designed as an alternative to filing a claim in court, an arbitration provides for an impartial third party (an arbitrator) to review your case and make a decision within a specified period.
What is Arbitration? Arbitration is a process where an arbitrator reviews the evidence and arguments from both sides and makes a binding decision. It’s less formal than a court trial and is designed to resolve disputes more quickly.
How Arbitration Works in Florida Lemon Law Cases:
- Filing for Arbitration: If the DHSMV determines that your case qualifies, you’ll need to file for arbitration. This involves filling out additional forms and possibly paying a fee.
- Preparing for Arbitration: Gather all your evidence, including repair records, communication with the manufacturer, and any other relevant documentation. Be prepared to present your case clearly and concisely.
- The Arbitration Hearing: During the hearing, both you and the manufacturer will present your evidence and arguments. The arbitrator will then make a decision based on the information provided.
Potential Outcomes of a Claim
There are several possible outcomes of a Lemon Law claim. If the arbitrator rules in your favor, you might receive:
- Vehicle Replacement: The manufacturer may be required to replace your defective vehicle with a new one.
- Refunds: You might receive a full or partial refund of the vehicle’s purchase price.
- Cash Settlements: In some cases, the manufacturer may offer a cash settlement to resolve the issue.
If your claim is denied, you have options to appeal the arbitrator’s decision or to take your claim to court. If you choose the latter, you will need the assistance of a qualified Florida Lemon Law attorney to build up your case and file a lawsuit against the manufacturer.
Filing a Lemon Law Case in Court
If you prefer not to go through arbitration or are not satisfied with an arbitrator’s decision, you can choose to file a Lemon Law case in court. Here are some potential advantages to that and the process involved:
Advantages of Filing a Case in Court:
- Binding Decision: Court judgments are legally binding and enforceable.
- Discovery Process: You have access to a broader discovery process, allowing you to gather more evidence from the manufacturer.
- Appeal Options: If you’re dissatisfied with the court’s decision, you have the right to appeal, which isn’t always available in arbitration.
Process for Filing a Lemon Law Case in Court:
- Consult an Attorney: We highly recommend consulting with an attorney who specializes in Florida Lemon Law cases. They can provide guidance and help you understand your rights and options.
- Gather Documentation: Collect all relevant documentation, including purchase or lease agreements, repair records, and any correspondence with the manufacturer.
- File a Complaint: Your attorney will help you draft and file a formal complaint in the appropriate court. This complaint will outline the defects, repair attempts, and the impact on the vehicle’s use, value, or safety.
- Serve the Manufacturer: The manufacturer must be formally served with the complaint, giving them notice of the lawsuit.
- Litigation Process: The case will proceed through the litigation process, including discovery, pre-trial motions, and possibly a trial.
- Court Decision: The court will make a decision based on the evidence presented. If the court rules in your favor, you may be entitled to remedies such as a refund, replacement vehicle, or other compensation.
Tips for a Successful Lemon Law Claim
Here are some tips to help ensure your Lemon Law claim is successful:
- Document Everything: Keep detailed records of all repair attempts, correspondence, and any other relevant information.
- Communicate Clearly: Be clear and concise in all your communications with the manufacturer or dealer.
- Avoid Common Mistakes: Make sure to follow all the steps outlined above and avoid any shortcuts that could jeopardize your claim.
File A Lemon Law Claim Today
Dealing with a lemon vehicle can be a daunting experience, but understanding the Florida Lemon Law and the steps to file a claim can make the process more manageable. By following the guidelines provided in this article, you can protect your rights and seek the resolution you deserve.
If you believe you have a lemon vehicle, don’t hesitate to take action. The sooner you start the process, the better your chances of a successful outcome.
Take the first step today and find out if you qualify for remedy under the Florida Lemon Law by calling (833) 743-1990. Don’t let a defective vehicle disrupt your life—get the resolution and compensation you deserve.