Lemon Law Complaint - Florida

IN THE CIRCUIT COURT OF THE ☐ JUDICIAL CIRCUIT

IN AND FOR [___] COUNTY, FLORIDA

CIVIL DIVISION
Case No.: ______________________

[PLAINTIFF’S FULL LEGAL NAME],
an individual,
Plaintiff,

v.

[DEFENDANT MANUFACTURER’S FULL LEGAL NAME],
a [state] corporation,
Defendant.

VERIFIED COMPLAINT FOR VIOLATION OF THE FLORIDA MOTOR VEHICLE WARRANTY ENFORCEMENT ACT (LEMON LAW) AND DEMAND FOR JURY TRIAL

TABLE OF CONTENTS

1. Preliminary Statement
2. Parties
3. Jurisdiction and Venue
4. Statutory Framework & Definitions
5. Factual Allegations
6. Count I – Violation of Fla. Stat. §§ 681.10–681.118
7. Conditions Precedent
8. Statutory Remedies
9. Request for Injunctive Relief (Replacement / Repurchase)
10. Attorneys’ Fees & Costs
11. Demand for Jury Trial
12. Prayer for Relief
13. Verification
14. Certificate of Service

1. PRELIMINARY STATEMENT

1.1 This is an action under Florida’s Motor Vehicle Warranty Enforcement Act, Fla. Stat. §§ 681.10–681.118 (the “Florida Lemon Law”), seeking damages caused by a violation, litigation costs, reasonable attorneys’ fees, and appropriate equitable relief under Fla. Stat. § 681.112(1).

2. PARTIES

2.1 Plaintiff [PLAINTIFF] is a natural person domiciled in [COUNTY] County, Florida, and is the purchaser/lessee of the subject vehicle identified below.

2.2 Defendant [DEFENDANT] is a [state of incorporation] corporation authorized to conduct and conducting business in Florida, including manufacturing, distributing, and warranting motor vehicles.

3. JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction because [STATE THE CURRENT COURT-SPECIFIC JURISDICTIONAL BASIS AND AMOUNT IN CONTROVERSY].

3.2 Venue is proper in [COUNTY] County because [STATE THE FACTS AND CURRENT VENUE AUTHORITY].

3.3 Before filing this action, Plaintiff submitted the dispute to the Department of Legal Affairs and, if deemed eligible, to the Florida New Motor Vehicle Arbitration Board, as required by Fla. Stat. § 681.1095(4), or the Department rejected the dispute under § 681.109(7).

4. STATUTORY FRAMEWORK & DEFINITIONS

For ease of reference, the following defined terms are used throughout this Complaint:

“Act” or “Florida Lemon Law” = Florida Motor Vehicle Warranty Enforcement Act, Fla. Stat. §§ 681.10–681.118.

“Motor Vehicle” or “Vehicle” = The [YEAR] [MAKE] [MODEL], Vehicle Identification Number (“VIN”) [VIN], purchased/leased by Plaintiff on [DATE OF PURCHASE].

“Nonconformity” = A defect or condition that substantially impairs the use, value, or safety of the Vehicle, excluding a condition resulting from an accident, abuse, neglect, modification, or alteration by persons other than the manufacturer or its authorized service agent. Fla. Stat. § 681.102(15).

“Presumption of a Reasonable Number of Attempts” = Within the Rights Period, either (1) the same Nonconformity was subject to repair at least three times, plus the manufacturer’s final attempt if undertaken under § 681.104(1)(a), and continues to exist; or (2) the Vehicle was out of service by reason of repair for at least 30 cumulative days, 60 for a recreational vehicle, after the manufacturer or its authorized service agent had at least one inspection or repair opportunity following the notice required by § 681.104(1)(b). Fla. Stat. § 681.104(3).

“Rights Period” = The period ending 24 months after original delivery of the Vehicle to a consumer. Fla. Stat. § 681.102(9).

5. FACTUAL ALLEGATIONS

5.1 On or about [DATE], Plaintiff purchased/leased the Vehicle from [DEALERSHIP], an authorized dealer of Defendant, for a total purchase price of $[___], inclusive of taxes, fees, and collateral charges. A true and correct copy of the Retail Installment Sales Contract and/or Lease Agreement is attached as Exhibit A.

5.2 The Vehicle was accompanied by Defendant’s new-car limited warranty, a copy of which is attached as Exhibit B.

5.3 During the Rights Period, the Vehicle manifested the following Nonconformities:
 a. [Description of defect #1];
 b. [Description of defect #2];
 c. [Description of defect #3].

5.4 Plaintiff presented the Vehicle to Defendant’s authorized repair facilities for repair of the Nonconformities on at least [NUMBER] occasions, as reflected in the Repair Orders collectively attached as Exhibit C. Despite these attempts, the Nonconformities persist.

5.5 The Vehicle was out of service for repairs for a cumulative total of [___] days during the Rights Period.

5.6 The Nonconformities substantially impair the use, value, and/or safety of the Vehicle, rendering the Vehicle nonconforming under the Act.

5.7 After three repair attempts for the same Nonconformity, Plaintiff sent Defendant written notification by [REGISTERED MAIL / EXPRESS MAIL] on [DATE], pursuant to Fla. Stat. § 681.104(1)(a). A copy and delivery proof are attached as Exhibit D.

5.8 Defendant [failed within 10 calendar days after receipt to respond and provide an opportunity for repair at a reasonably accessible facility / designated a facility, but failed to conform the Vehicle to the warranty within 10 calendar days after delivery to that facility, or within 45 calendar days for a recreational vehicle].

5.9 [IF USING THE DAYS-OUT-OF-SERVICE PATH:] After the Vehicle had been out of service by reason of repair for at least 15 cumulative days, excluding routine-maintenance downtime, Plaintiff separately notified Defendant in writing by [REGISTERED MAIL / EXPRESS MAIL] under Fla. Stat. § 681.104(1)(b). Defendant or its authorized service agent then had at least one opportunity to inspect or repair the Vehicle.

5.10 Select and complete the applicable pre-suit path:

a. ☐ Defendant had a certified procedure. Plaintiff timely filed with that procedure and then timely applied to the Department for Board arbitration because [NO DECISION ISSUED WITHIN 40 DAYS / PLAINTIFF WAS DISSATISFIED WITH THE DECISION / DEFENDANT DID NOT COMPLY]. Fla. Stat. § 681.109(1)–(2).

b. ☐ Defendant had no certified procedure, or the procedure lacked jurisdiction. Plaintiff timely applied directly to the Department for Board arbitration. Fla. Stat. § 681.109(3).

c. ☐ The Department rejected the dispute and provided the notice described in § 681.109(6), permitting this action under § 681.109(7).

5.11 [IF THE BOARD DECIDED THE DISPUTE:] The Board issued its decision on [DATE]. [Neither party appealed within 30 days after receipt / Plaintiff timely petitioned for a trial de novo / Defendant failed to comply with an unappealed consumer award within 40 days]. The decision is attached as Exhibit E. Fla. Stat. § 681.1095(9)–(12).

5.12 This action is timely because it was commenced [within one year after expiration of the Rights Period / within one year after final action of the certified procedure, Department, or Board]. Fla. Stat. § 681.112(2).

6. COUNT I – VIOLATION OF FLORIDA MOTOR VEHICLE WARRANTY ENFORCEMENT ACT

(Against Defendant Manufacturer)

6.1 Plaintiff re-alleges and incorporates Paragraphs 1 through 5.12 as though fully set forth herein.

6.2 Defendant is a “manufacturer” as defined by Fla. Stat. § 681.102(13).

6.3 The Vehicle is a “motor vehicle” under Fla. Stat. § 681.102(14).

6.4 The Nonconformities fall within Fla. Stat. § 681.102(15) and were first reported during the Rights Period.

6.5 Defendant has been afforded a reasonable number of attempts to conform the Vehicle to the warranty but has failed to do so, violating Fla. Stat. § 681.104.

6.6 The manufacturer was required within 40 days to provide the remedy specified in Fla. Stat. § 681.104(2). Plaintiff exercises the unconditional statutory right to choose a refund rather than replacement [OR seeks a replacement motor vehicle acceptable to Plaintiff].

6.7 Defendant’s violation caused Plaintiff pecuniary loss and supports the relief authorized by Fla. Stat. § 681.112(1). A manufacturer’s violation of Chapter 681 is also an unfair or deceptive trade practice under Fla. Stat. § 681.111.

7. CONDITIONS PRECEDENT

7.1 All conditions precedent to this action have occurred or been performed as alleged above. [DELETE OR REVISE IF THE FACTS DO NOT SUPPORT THIS ALLEGATION.]

8. STATUTORY REMEDIES

8.1 Plaintiff seeks the applicable relief authorized by Fla. Stat. §§ 681.104(2) and 681.112(1), including:
 a. Repurchase and refund of the full purchase price, less the reasonable offset for use defined by § 681.102(19), or replacement as properly elected and proved;
 b. Reasonably incurred collateral and incidental charges included in the statutory refund or replacement;
 c. Pecuniary loss caused by Defendant’s Chapter 681 violation;
 d. Litigation costs, reasonable attorneys’ fees, and appropriate equitable relief.

9. REQUEST FOR INJUNCTIVE RELIEF (REPLACEMENT / REPURCHASE)

9.1 Plaintiff seeks appropriate equitable relief implementing the selected statutory remedy under Fla. Stat. §§ 681.104(2) and 681.112(1), with any refund allocated to the consumer and lienholder or, for a lease, to the lessor and lessee as § 681.104(2)(b) provides.

9.2 Plaintiff will surrender clear title to and possession of the Vehicle upon receipt of the statutory refund or acceptable replacement, as § 681.104(2)(a) requires.

10. ATTORNEYS’ FEES & COSTS

10.1 Pursuant to Fla. Stat. § 681.112(1), a prevailing consumer is entitled to litigation costs and reasonable attorneys’ fees. Plaintiff seeks those amounts.

11. DEMAND FOR JURY TRIAL

Plaintiff respectfully demands a trial by jury on all issues so triable as a matter of right.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
A. The refund selected by Plaintiff, less the statutory reasonable offset for use, or an acceptable replacement if properly elected;
B. Reasonably incurred collateral and incidental charges and proven pecuniary loss;
C. Reasonable attorneys’ fees and litigation costs;
D. Pre- and post-judgment interest as provided by law;
E. Such other and further relief as the Court deems just and proper.

13. VERIFICATION

I, [PLAINTIFF NAME], under penalty of perjury, declare that I have read the foregoing Complaint and that the facts stated in it are true and correct to the best of my knowledge and belief.

Date: ____________       _____________________________
           [PLAINTIFF NAME]

14. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served on [DATE], by [CURRENTLY AUTHORIZED SERVICE METHOD AND AUTHORITY], on the following:

[DEFENDANT’S COUNSEL NAME & ADDRESS]

_____________________________
[ATTORNEY NAME], ESQ.
Florida Bar No. ________
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff
```