If a vehicle is reported to the manufacturer as being defective more than once, you may be eligible for a refund or replacement under lemon law. The state’s lemon law, the Motor Vehicle Warranty Enforcement Act, covers new and used vehicles purchased or leased in Florida.

Definition of a “Lemon”

You may be eligible for compensation under your state’s lemon law if you purchased a new vehicle with serious problems. Each state’s laws define a “lemon” in different ways. Still, most require that the manufacturer give the owner reasonable opportunities to repair a problem before declaring it a lemon.

Generally, the law protects consumers who buy or lease a new vehicle from a major manufacturer and find that their car doesn’t live up to the expected standards for function and safety. The federal Magnuson Moss Warranty Act and individual state lemon laws are designed to reduce the number of defective products sold to consumers by holding manufacturers accountable for reasonably implementing warranties.

Lemon laws are founded on two types of warranties: express and implied. An express warranty is a quality claim the manufacturer, dealer, or seller makes. On the other hand, an implied warranty is based on common law or statute and is more extensive in coverage than an express warranty.

When a car meets the Florida definition of a lemon, the manufacturer must take steps to buy back the vehicle or provide compensation. To qualify for a buyback under the law, the vehicle must have been used for personal, family, or household purposes and have been subject to a reasonable number of attempts by the dealership to repair a problem within its Lemon Law rights period.

Definition of a “Non-Conformity”

The Florida lemon law requires manufacturers to repurchase or replace vehicles that are unreasonably defective or not conforming to the manufacturer’s warranty. The law defines “non-conformity” as any defect or condition that substantially impairs a vehicle’s use, value, or safety. T

his can include any specific problem or a combination of problems attributable to more than one part of the vehicle and must require a substantial number of repair attempts. However, lemon law does not cover recalls or issues caused by abuse, neglect, unauthorized modifications, or motor vehicle alteration.

To qualify for protection under the lemon law, consumers must first report a problem to the manufacturer and allow it a reasonable number of opportunities to fix it. This is usually defined as three or more repair attempts or 30 days of the vehicle being out of service for a single problem. Consumers can also file a claim under the Magnuson-Moss Warranty Act, which offers broader protections to consumers.

The lemon law covers vehicles sold or leased in Florida for personal, family, and household purposes. This includes automobiles, trucks, and motorcycles. The law does not pertain to vehicles that operate on tracks, those made solely for resale, those with a gross weight of over 10,000 pounds, or the living quarters of recreational vehicles. 

Usually, a manufacturer or dealer is given a reasonable number of attempts to repair the defect before a vehicle can be considered a lemon. This varies by jurisdiction but is often around three to four repair attempts for the same issue.

Requirements for a “Non-Conformity”

The Florida lemon law mandates that the manufacturer be afforded a reasonable number of repair attempts. Suppose you report the same issue to the manufacturer more than three times, and it still needs to be fixed after a final attempt following your formal notification.

In that case, the car company is presumed to have failed to meet its warranty obligations. The defect must also significantly impact your vehicle’s value, use, and safety. In addition, the problem must be reported within 24 months of the car being delivered to you.

Time Limits for a “Non-Conformity”

In Florida, a “Non-Conformity” is a problem with your vehicle that cannot be fixed within a reasonable number of attempts by a dealer. The Lemon Law places this limitation on dealers, recognizing that a motor vehicle is a significant purchase and consumers have a right to a functioning car.

Lemon laws benefit not only the consumer but also the manufacturer. Manufacturers can increase buyers’ confidence in their products and brands by ensuring that defective vehicles are made right. This will help prevent potential bad publicity, which is costly to companies and can impact sales.

Unfortunately, even if you research before buying a car and work with a dealership that is honest with its customers, sometimes the manufacturer fails to live up to its promises. In these instances, you must report the nonconformities to the manufacturer within a specified period to protect your rights.

Going toe-to-toe with an authorized service agent and a manufacturer over a faulty car can be challenging, especially with the help of an experienced lemon law attorney. Choosing to consult with an attorney will allow you to create a paper trail of trying to fix the defect promptly and may ultimately save you money. It will also protect you from unreasonable repair schedules and other tactics that could lead to getting a lemon car.