Answers To Your Florida Lemon Law FAQs

Lemon law is exceedingly complicated. You likely have a lot of questions about your rights, your options and your next steps. When you come to us at Cousins Law Firm, you will receive all the answers you need. Our founding attorney, Patrick Cousins, is known as the Lemon Law King for his in-depth knowledge of Florida lemon law. On this page, you can find some answers to our clients’ commonly asked questions.

What is the lemon law?

The lemon law was designed as a quick, easy and inexpensive process for consumers to deal with problem vehicles. Instead of filing a lengthy, expensive lawsuit and going to court, consumers can have their claims arbitrated and resolved in a matter of months. At the same time, the Lemon Law Arbitration program has freed the court system of the overwhelming number of these types of cases and saved taxpayer’s money. Depending on your unique situation, the lemon law may be the best way to achieve your goals.

What do I receive if I win a lemon law claim?

The lemon law will allow you to select one of two remedies:

• A replacement vehicle or coach: Generally, the manufacturer will not have a comparable coach in their inventory to provide you with a replacement if your coach is more than a year old. The replacement have at least 105% the value of your vehicle or coach. The manufacturer has the right to say no to a replacement vehicle, but you still have the right to request one.
• A refund: The general idea is that you will receive a refund of all the money paid in order to purchase your vehicle or coach, less an offset for the number of miles driven. With the offset, your vehicle will lose approximately 1/3 of its value once you have driven 40,000 miles. Your coach will lose approximately 1/3 of its value once you have driven 20,000 miles. Depending on the purchase price of your vehicle, it will cost you over $3.00/mile to drive it, not including fuel or maintenance costs. We caution that this is an oversimplified explanation; there is much more to it than we have outlined here.

What about the miles put on my vehicle from driving to and from the dealer for repairs?

More than likely, these miles are not recoverable. The lemon law is not clear on whether these miles should count against the consumer. Nevertheless, we do argue that such miles should not be counted against you.

Is my leased vehicle covered?

Yes, leased vehicles are covered under the Florida lemon law.

Can I recover my attorney fees from the manufacturer?

The lemon law arbitrator does not have the power to award attorneys fees to the consumer. However, the Gelinas case allows the successful consumer to recover certain damages and attorneys fees not covered under lemon law.

How do I know if my vehicle qualifies for the lemon law?

The best way is to check the Office of the Attorney General’s website, but here are the general requirements:

• You must have bought the vehicle brand new. (There is an exception if you’re purchasing the vehicle from a family member, but this is rarely the case.)
• The vehicle must be used to transport persons or property. This covers the majority of vehicles that are purchased. Vehicles purchased for your business (certain exceptions apply) are covered.
• Your claim must be filed within two years and 60 days of the date you purchased your vehicle. There are no exceptions; if you are one day late, you are past the statute of limitations for the lemon law arbitration process and cannot pursue your claim through the lemon law program. In this case, do not give up hope; there may be other legal remedies available to you.
• In general, you must have taken your vehicle in for the same problems at least three times, or your vehicle must have been out of service for non-maintenance issues for a cumulative total of 15 days or more.
• The defect or conditions that you believe make your vehicle a lemon must be “substantial.” Substantial has really not been defined by the statute; therefore, you may want to call us to help you analyze your claim.

How do I know if my coach qualifies for the lemon law?

The best way is to check the Office of the Attorney General’s website, but here are the general requirements:

• You must have bought the coach brand new. There is an exception if you are purchasing the vehicle from a family member, but this is rarely the case.
• The coach must be used to transport persons or property. This covers the majority of coach purchases.
• Your claim must be filed within two years and 60 days of the date you purchased your vehicle. There are no exceptions; if you are one day late, you are past the statute of limitations for the lemon law arbitration process and cannot pursue your claim through the lemon law program. In this case, do not give up hope; there may be other legal remedies available to you.
• In general, you must have taken your coach in for the same problems at least three times, or your coach must have been out of service for nonmaintenance issues, a cumulative total of 60 days or more.
• The defect or conditions that you believe make your vehicle a lemon must be “substantial.” Substantial has really not been defined by the statute; therefore, you need to call us for help analyzing your claim.

What are the most common RVs with lemon law problems?

Some of the RVs frequently involved in lemon law claims include:

• Fleetwood
• Jayco
• Newmar
• Forest River
• American Coach

What are the most common RV component manufacturers with lemon law problems?

Some of the components in RVs that have the most problems include:

• Allison- transmission
• Cummins – engine
• Freightliner – chassis
• Ford – chassis
• Spartan – chassis

What vehicles are not covered?

The most common vehicles not covered are motorcycles, boats and trucks weighing over 10,000 lbs. This includes many heavy-duty Ford, Chevy and Dodge pickup trucks, as well as some larger SUVs.

Why aren’t these vehicles covered?

We are not sure, but many of these vehicles are used in the same manner as the vehicles that are covered, so we see no reason why they are not covered. Write your legislator if you are concerned. We already have.

How long does the whole lemon law process take?

Realistically, it’s going to take at least six months for the whole process to run its course. There are built-in time limits for each step, but there are also many variables that can either shorten or lengthen the time it takes for your claim to be resolved.

What is the process like?

Here’s a general description of each step in the process:

1. Mail out your Defect Notice to the manufacturer.
2. Within 10 days of receipt, the manufacturer must call to schedule a final repair attempt.
3. Take your vehicle in for the final repair attempt as to each manufacturer. The manufacturer has a right to keep the vehicle for up to 10 days.
4. If the manufacturer of your vehicle has a certified resolution procedure, you will first need to file your claim with them. The decision in this procedure is not binding on the consumer.
5. Now you can file your Request for Arbitration. Assuming your vehicle qualifies, it will take a few weeks before your application is approved. Once it’s approved, your file will be sent to the lemon law office for scheduling.
6. Usually, the first thing to happen once your claim has been sent to the lemon law office is that the manufacturers will request a prehearing inspection. This is their statutory right. This may take up to two hours and often occurs at a local dealership.
7. The next step is arbitration. It typically takes one to four hours. However, you’ll get a decision on your lemon law claim that day. In fact, arbitrators will debate your claim right in front of you. If you win, the manufacturer will have 40 days to comply with the decision.
8. You will get a copy of the decision in the mail a few weeks after the arbitration.

Realistically, it is going to take at least six months for the whole process to run its course. There are built-in time limits for each step, but there are also many variables that can either shorten or lengthen the time it takes for your claim to be resolved.

What is arbitration like?

Each arbitration is different, but all arbitrations have some similarities. The manufacturers are always represented by an attorney or a representative, and each manufacturer may bring one or two witnesses to testify against you. You can testify on your own behalf and bring your own witnesses if you like. Three arbitrators will preside over your case. Each arbitrator has his/her own unique personality, and each has a different background. The arbitrators are not judges in the official sense, and the rules of evidence do not apply in the strict sense as they do in a civil action.

Can I use the lemon law to get out of a vehicle I can no longer afford?

No.

Do I need an attorney to represent me in my lemon law claim?

No, you are not required to have an attorney represent you. However, we make it our business to represent people with lemon law claims and believe that you have a better chance of success with an experienced lemon law attorney who will help you avoid the pitfalls that could cause you to lose your case.

How do I best prepare for my lemon law case?

We cannot possibly go into all the details and nuances that successful case preparation requires. But in general, it’s a good idea to keep copies of every document you receive and to make sure that you get documents each time you go in for service or repair. Also, make sure that the dealer accurately documents your concerns. Additionally, you may wish to keep a diary of when, where, how and why you travel to each manufacturer for repair. Keeping a mileage log and a list of contacts at each step is a good idea as well. Consumers should keep all receipts or invoices for payment of expenses related to the purchase/lease of the vehicle as well. These records will help you or anyone you retain to represent you in your claim to better understand the nature of your case.

How much does it cost to retain you?

It depends on the details. Recreational vehicle cases cost more than passenger vehicle cases because of the greater number of manufacturers involved and the additional steps involved. Nevertheless, each case is unique; call us for a more specific estimate of your case.

Where do I go if I have further questions?

You have several options. One is to give us a call. We will be happy to speak with you about any questions you may have. Two other good sources of information are the Office of the Attorney General’s website and the Florida Department of Agriculture and Consumer Services website. You may also visit our links for other helpful resources.

Ask The Lemon Law King More Questions For Free

At Cousins Law Firm, we offer 100% free initial consultations. Schedule yours today to ask more questions from Patrick Cousins. To begin, please call us toll-free at 866-605-9909 or send us an email.