Getting Lemon Justice — Relief Under Florida Lemon Law

Florida Lemon Law provides several options for a successful Lemon Law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:

• The full contract price, less any outstanding amounts owed to a lender
• Sales tax
• Registration fees
• Finance charges paid on your loan
• Cost of dealer-installed options
• Cost of extended warranty
• Non-dealer added options
• Incidental costs
• Allowance for trade-in vehicle
• Attorney's fees

The amount of the monetary reward may be reduced by a deduction for your use of the vehicle. That deduction is calculated by taking the purchase price, less any manufacturer rebate or negative equity resulting from a trade-in, and multiplying it by the mileage on the date of the arbitration hearing, and then dividing it by 120,000. Mileage that is accrued from dealer test drives, pre-arbitration inspections, and independent inspections for the manufacturer's informal dispute process is not included in the equation.

If you want to pursue a claim under Florida's Lemon Law, you must first send a Motor Vehicle Defect Notification to the manufacturer after the third repair attempt or after your vehicle has been out of service for 15 days, and give them one last chance to repair the vehicle. You can download Florida's Motor Vehicle Defect Notification here.

Once you download the form, you need to print three copies of the form. Complete the form and mail one, either by registered mail or Express mail, return receipt requested, to the manufacturer. If your vehicle is a conversion van, you may have to send a form to each of the manufacturers who warrant the affected parts of the vehicle. Keep one copy, along with your mail receipt, for your records. Send the third copy to Office of the Attorney General, Lemon Law Research Unit, The Capitol, Tallahassee, FL 32399-1050.

If your vehicle has had three or more repair attempts, the manufacturer has 10 days from the day it receives your letter to contact you and arrange an appointment for a final repair attempt.

If your vehicle has been out of service 15 days, once you get the return receipt for your letter you should take your vehicle in to the dealer for inspection or repair (the dealer's or manufacturer's choice) at least one more time. Make sure to get a repair order, as you will need it for arbitration.