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Florida Statute – §68.102(West)

Vehicles Covered:

Motor vehicles sold or used in-state used primarily for personal, family or household purposes that transports persons or property, including demonstrators and lease purchases with warranty. Excludes off-road vehicles, mopeds, and trucks over 10,000 pounds, the living facilities of recreational vehicles, and motorcycles.

Persons Covered:

Purchasers, transferees during express warranty period, or any person entitled to enforce the warranty.

Period Covered:

Two years after the original delivery date.

Notice Requirement:

(a) Manufacturer – provides list of service offices, written notice of claim procedure and all consumer rights under lemon law; itemized statement of repair if vehicle returned for defect. (b) Consumer – written notice to manufacturer by registered or express mail.

Repair Requirements:

It is presumed that a reasonable number of attempts have been made if the same nonconformity is subjected to three plus a final attempt, or the vehicle is out of service for a cumulative period of 30 or more working exclusive of maintenance and a final ten day repair period.

Affirmative Defenses:

The nonconformity does not substantially impair the use, safety or market value of the vehicle, or is the result of an accident abuse, neglect, or unauthorized modification or alteration by the consumer, or the claim is not filed in good faith.

Replacement/Refund:

At the consumer's option, the manufacturer shall replace with a comparable vehicle or repurchase the automobile and give the consumer a full refund minus a reasonable use allowance (defined).

Other Reimbursement:

Collateral and incidental charges; refund to the consumer and lienholder..

Other remedies:

Misrepresentation by the manufacturer is an unfair and deceptive trade practice. Damage action; attorney's fees. No limit to consumer remedies.

Arbitration:

For remedies under this action, a consumer must use an informal settlement procedure established by the manufacturer, provided the procedure complies with C.F.R.703. The consumer may also use the state arbitration board.

Resale of Lemon:

Full disclosure required. Manufacturer must warrant defect for one year or first 12,000 miles.