Florida laws on auto purchases outline the rules manufacturers and dealership must follow when conducting business in the state. Consumers interested in purchasing new or used vehicle should become familiar with consumer protection regulations related to purchasing an automobile. The laws provide car buyers with reliable avenues for redress on defective vehicles.
Florida's lemon law, or the Motor Vehicle Sales Warranties Act, has arbitration boards throughout the state. These boards have the authority to hear and settle complaints between automobile owners and vehicle manufacturers. Owners may bring complaints up to two years after the delivery date of the vehicle. Owner then have 60 days to file an arbitration request with the Division of Consumer Services. Consumers may obtain a refund or have the vehicle replaced.
The Motor Vehicle Sales Warranties Act covers new cars and demos. The owner must have purchased or leased the vehicle in Florida and have a defect that has a major impact on its use, value or safety. The dealership or manufacturer must make at least three attempts to fix the same problem or defect. The vehicle qualifies as a lemon if inoperable for at least 15 consecutive days. The owner must deliver by certified mail a Motor Vehicle Defect Notification. This form should be in the Lemon Law Handbook received when purchasing the vehicle. The owner should also have documentation on the repairs.
A ruling in favor of the vehicle owner may result in a refund of the purchase price and other expenses. The manufacturer could receive an order to replace the vehicle. Both awards will subtract a reasonable cost for usage. The law allows either party to appeal the Arbitration Board's decision. If the manufacturer files a "bad faith" appeal, the judge may award the vehicle owner two or three times the actual damages.
Florida does not have a lemon law for used cars. However, dealers must adhere to the Federal Trade Commission requirements for used car dealers to affix a Buyers' Guide to the window of each vehicle for sale. The guide must list items covered in the warranty or indicate the vehicle is being sold "as is," without any guarantees. The buyer has a right to an independent inspection. Transactions conducted in Spanish require Buyer's Guides translated in Spanish.
Even if auto dealers directly disclaim all warranties, the Implied Warranty of Merchantability and the Implied Warranty of Fitness still exist. The Merchantability Warranty states that the vehicle works the way it supposes to function. Fitness refers to the buyer's reliance on the advice of the dealer that the vehicle would work out for a specific use. File complaints with the Florida Attorney General Office.
