The Case of the Florida Lemon: Options for the Buyer or Trap for the Consumer: The Florida Motor Vehicle Warranty Enforcement Act

Abstract

The State of Florida is just one of the fifty states and the District of Columbia which have enacted a state Lemon Law. This paper outlines the provisions of the Florida statutory scheme that covers both the sale and lease of vehicles that are found to be “lemons.” The Florida Lemon Law is also known as “The Motor Vehicle Warranty Enforcement Act,” as it must be viewed in light of legal provisions relating to warranties. The Florida Lemon Law determines what defects or conditions will trigger the operation of a warranty and whether and under what circumstances the warrantor (generally, the manufacturer) may attempt to remedy or “cure” any defective condition. The paper also outlines the procedures for resolving a dispute between a dealer or automobile manufacturer and an unsatisfied customer when the customer is seeking either a refund or a replacement vehicle for a “lemon.”

Keywords: Lemon Law, Defect, Warranties, Arbitration