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About the Florida Lemon Law Program
Buying a new car is one of the most important and expensive purchases you will make. But if you find yourself going back and forth to the dealer for frequent repairs, the fun and satisfaction of owning a new car can quickly change into a frustrating and costly experience.
If you've invested hard-earned cash in a "showroom lemon," help is just a phone call away at 1-800-321-5366. Recognizing that "new" doesn't always translate into "problem-free," the Florida Legislature in 1988 revised a law that makes car manufacturers responsible - under certain conditions - for replacing defective vehicles or refunding consumers' money. Commonly known as Florida's automobile "Lemon Law," the Motor Vehicle Sales Warranties Act established arbitration boards throughout the state to hear and settle complaints between car manufacturers and owners.
Here we explain the general provisions of the law. It will quickly help you determine if your automobile is covered and describes the steps for seeking recourse. If you need additional information or if you have questions, give us a call today at 1-800-321-5366.
When Does the Law Apply?
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The Lemon Law applies to new or "demo" motor vehicles purchased or leased in Florida for personal use that has a manufacturing defect or non-conformity which substantially impairs the vehicle's value, use or safety.
Your lemon law period ends two years after the date of original delivery of the motor vehicle, you then have 60 days to file your State Arbitration Request with the department or, if your manufacturer participates, the State Certified Program.
If an authorized service agent is unable to repair a manufacturing defect after three attempts, or if the car is out of service for a total of 15 or more days while repairs are being made, you have the right to file a motor vehicle defect notification.
Note: Purchasers of recreational vehicles should contact the Lemon Law program at 1-800-321-5366, as there may be additional requirements.
Before You Can Request State Arbitration
There are steps you must take in an effort to get your vehicle repaired before you take your case to state arbitration. All involve giving your manufacturer one last chance to remedy the situation.
Step One |
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Download the Motor Vehicle Defect Notification Form (MVDN) ![]()
If your complaint is based on three failed repair attempts:
You must notify the manufacturer of the problems you've experienced by sending a Motor Vehicle Defect Notification
by registered mail. The manufacturer has 10 days after receipt of the letter to give you the opportunity to take the vehicle for final repairs within a reasonable time and then is allowed up to 10 days to remedy the problem once the car is in the shop. If the manufacturer does not comply with this procedure or the vehicle still has the same problems after the final repair attempt, you should proceed to step two if your manufacturer has a certified procedure (see list). If your manufacturer does not have a certified procedure, proceed to step three.
If your complaint is based on the vehicle being out of service for 15 or more days:
You must notify the manufacturer of the problems you've experienced by sending a Motor Vehicle Defect Notification
by registered mail. The manufacturer or its authorized agent has the opportunity to inspect or repair the vehicle. If the vehicle still does not conform to the warranty for a total of 30 or more days and the manufacturer has had the opportunity to repair, you should proceed to step two if your manufacturer has a certified procedure (see list). If your manufacturer does not have a certified procedure, proceed to step three.
Many manufacturers have informal dispute settlement programs, which have been certified by the State of Florida. If Step One does not resolve the issue, you must request a settlement through the manufacturer's program before you can ask for state arbitration.
Step Two - Dispute Resolution Programs |
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Better Business Bureau (BBB)
This arbitration program will only be available to the following types of vehicles:
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If your vehicle is listed above:
Call BBB Autoline at 1-800-955-5100 to start your claim with the manufacturer's certified program. You may also visit their website and select "Click Here to file a Lemon Law / Auto Warranty Complaint."
National Center for Dispute Settlement (NCDS)
This arbitration program will only be available to the following types of vehicles:
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If your vehicle is listed above:
Call the National Center for Dispute Settlement at 1-800-777-8119 to start your claim with the manufacturer's certified program. You may also visit their website and select "Demand for Arbitration."
DeMars and Associates, Ltd. (CAP-Motors)
This arbitration program will only be available to the following types of vehicles:
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If your vehicle is listed above:
Call CAP-Motors at 800-279-5343 to start your claim with the manufacturer's certified program. You may also visit their website and select "download Porsche National Application."
NOTE: Purchasers of Recreational Vehicles should contact the Lemon Law Program at 1-800-321-5366 or 850-410-3807 as there may be additional requirements.
What Happens in a Dispute Settlement Program?
Under the informal dispute settlement program, a decision should be made within 40 days of filing your claim; otherwise you may withdraw from the program and apply for the State program. Another possibility is if you are not satisfied with the decision of the informal dispute settlement program, you may reject it and apply for the State program.
Step Three |
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If the manufacturer has no dispute settlement program or if you still aren't satisfied after giving the informal settlement program a chance, then you may notify the Florida Department of Agriculture and Consumer Services that you wish to request a ruling by the Florida New Motor Vehicle Arbitration Board. This request must be made within two years and 60 days from the original date of delivery of the vehicle or within 30 days after the final action by a certified procedure, whichever date occurs later, in order for the request to be filed timely. Requests that are not filed timely will be rejected.
What Happens at the State Arbitration?
If the New Motor Vehicle Arbitration Board accepts your request, it will hear the dispute within 40 days and render its decision within 60 calendar days of the date your arbitration request was approved. If the board's decision is in the consumer's favor, the manufacturer has 40 calendar days to refund the purchase price of the vehicle plus collateral and incidental expenses or replace the vehicle with a new one. In either case, there will be a reasonable charge for usage applied.
Once the board rules on a case, either side may appeal the decision in a court of law. To protect the consumer, a judge may double or triple damages if the manufacturer appeals a case in bad faith.
Download a copy of the Request for Arbitration
form provided by the Florida Attorney General's Office (instructions for completing the form are included).
If you have any questions, call the Lemon Law Hotline at 1-800-321-5366 or 850-410-3807 for assistance. You can also contact us via email at cslemonlaw@doacs.state.fl.us.
