The Florida lemon law is also known as the Motor Vehicle Warranty Enforcement Act. The Florida lemon law requires the manufacturer to repurchase or replace a car that meets a certain warranty repair history. The Florida lemon law states that if a consumer has presented a car for the same recurring defect three or more times or the car has been in an authorized repair facility fifteen or more days, the consumer can then pursuant to the Florida lemon law statute provide written notification to the manufacturer that it has a final opportunity to repair the car. Once the notice is received, the manufacturer then has a specified amount of time to repair the car. In keeping with the above, the Florida lemon law then states that it is presumed that a reasonable number of repair attempts have been made if during the first 24 months after the date of the original delivery of the car the same defect has been subject to repair a total of four times and the defect continues or the car is out of service for a cumulative total of 30 days.
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Yes but it is not easy to understand or to handle so plan on getting a lawyer's help - but the law can make the manufacturer pay the attorney fees so getting a lawyer can be worth it to you. Here's the general explanation and some more about other laws that can help you get rid of a lemon in Florida. Every state has its own Lemon Law and whether your vehicle is a lemon depends on Florida’s law and the facts of your case. You can read an outline of your state's Lemon Law on this web page here: http://ohiolemonlaw.com/state-lemon-law-summaries.htm. For Florida, there are 2 definitions of a lemon and you only need to fit one of them (30 calendar days out of service max or 3 times in the shop for the same problem max without it getting fixed). There is also a federal lemon law that covers almost all consumer purchases and it can help you too; it's called the Magnuson Moss Warranty Act. Some state lemon laws only cover vehicles purchased new and other state laws (like Ohio) can cover used or new or a demonstrator vehicle, so you have to read your state's particular law to know for sure what your legal rights are. If you do have a lemon, then you probably have the right to chose between getting your money back or getting a replacement vehicle, since that is what most states allow the consumer to do. To get relief under the Florida Lemon Law you have to send a written notice to the manufacturer and they have ten days to make a final repair attempt after you turn the vehicle over to a designated dealer - but you should talk to a local lemon law lawyer before you send that letter so you can be sure you are doing it right and what you can expect. Florida also has a state run arbitration process but you should talk to a Lemon Law lawyer near you to find out more about your options and your rights. I recommend that you do NOT go into the Florida Lemon Law process without talking with a local attorney so you know what to expect and how to handle the process, if you decide not to get an attorney. It might cost you a modest amount for a face to face conference, but it would also be money well spent. You need to talk to a local Lemon Law attorney who deals with this kind of case. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Protection Law lawyers, NACA.net). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Lemon Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Lemon Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge,PS - there are some links to useful info below too. Ron Burdge, www.USLemonLawyers.com
For a Free Online 50 State National List of Lemon Law Lawyers, click here
10 Steps to Get Your New Lemon Motor Vehicle Repaired Right, Click Here
What is a Lemon Motor Vehicle in your state? Click Here and see
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.