DEMAND LETTER – FLORIDA LEMON LAW
To: [Manufacturer/Distributor/Dealer]
From: [Consumer/Attorney]
Date: [DATE]
Vehicle: [Year/Make/Model/VIN]
Purchase/Lease: [DATE]; Mileage at delivery: [###]; Current mileage: [###]
1. DEFECTS AND REPAIR HISTORY
- Defect(s) substantially impair use, value, or safety: [List].
- Repair attempts/days out of service within 24 months: [Dates, dealer, RO#, days].
- Threshold met: [3 attempts same defect / 15 cumulative days / serious safety defect not corrected].
2. FINAL OPPORTUNITY TO REPAIR (FOR)
- This letter serves as/notes prior submission of the statutorily required Final Opportunity to Repair under Fla. Stat. § 681.109. Provide repair within [10] days of receipt (or confirm FOR already provided).
3. LEGAL BASIS
- Fla. Stat. §§ 681.104–.106: reasonable number of attempts exceeded; manufacturer must repurchase or replace.
4. DEMAND FOR RELIEF
- Election: [Repurchase / Replacement].
- Repurchase: full purchase price incl. taxes/fees + incidental damages (towing, rentals, etc.) less reasonable use allowance per § 681.104(2)(a): ( [miles] ÷ 120,000 ) × [price].
- Replacement: comparable vehicle plus incidental damages; manufacturer pays tax/tag/title.
5. ARBITRATION
- If unresolved, consumer will file/has filed with the Florida New Motor Vehicle Arbitration Board. Request manufacturer’s prompt resolution to avoid arbitration.
6. RESPONSE DEADLINE
- Provide written acceptance and arrangements within [30] days. Time is of the essence.
7. ATTACHMENTS
- Purchase/lease agreement; repair orders; towing/rental receipts; prior FOR and correspondence.
Signed:
[Name/Attorney]
[Address/Email/Phone]