Lemon Law Demand Letter - Florida

LEMON LAW DEMAND LETTER

STATE OF FLORIDA

Pursuant to Florida Motor Vehicle Warranty Enforcement Act, Fla. Stat. § 681.10 et seq.

SENT BY: ☐ REGISTERED MAIL ☐ EXPRESS MAIL
KEEP DELIVERY CONFIRMATION AND A COMPLETE COPY

[__/__/____]

[MANUFACTURER FULL LEGAL NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Warranty Administrator
[DEALER ADDRESS]
[CITY, FL ZIP]

Re: FORMAL LEMON LAW DEMAND AND WRITTEN NOTICE PURSUANT TO FLA. STAT. § 681.104(1)(a) AND/OR (b)
Consumer: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Delivering Dealer: [________________________________]
Current Mileage: [________________________________]
Demanded Relief: ☐ Refund/Repurchase ☐ Replacement Vehicle

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer") under the Florida Motor Vehicle Warranty Enforcement Act ("Florida Lemon Law"), Fla. Stat. § 681.10 et seq.

This letter constitutes the applicable written notice under Fla. Stat. § 681.104(1)(a) and/or (b), as selected and supported below. It also states our Client's demand for the statutory remedy.

I. FLORIDA LEMON LAW — LEGAL FRAMEWORK

A. Core Florida Procedure

Florida requires the statutory notice and dispute-resolution steps summarized below. A manufacturer-sponsored procedure applies first only if it is state-certified and has jurisdiction; otherwise the consumer applies directly to the Department of Legal Affairs for Board arbitration. Fla. Stat. § 681.109.

B. Covered Vehicles — Fla. Stat. § 681.102(4), (14)

Florida's Lemon Law applies to new motor vehicles sold or leased in Florida that are primarily for personal, family, or household use, including:

• New cars, SUVs, and light trucks
• Demonstrator vehicles for which a manufacturer's warranty was issued as a condition of sale
• Vehicles transferred to another qualifying consumer during the Lemon Law rights period

Excluded from Florida Lemon Law coverage:

• Motorcycles and mopeds
• Off-road vehicles, electric bicycles, and vehicles run only on tracks
• Motor homes (the motive power portion is covered; living quarters are not)
• Trucks with a GVWR over 10,000 lbs

The vehicle at issue — a [YEAR] [MAKE] [MODEL] — is a covered new motor vehicle under Florida law.

C. The Lemon Law Rights Period — Fla. Stat. § 681.102(9)

Florida's coverage period is 24 months following the date of original delivery of the motor vehicle to the consumer. All nonconformities complained of in this letter arose and were reported for repair within the Lemon Law Rights Period.

Original delivery date: [__/__/____]
Lemon Law Rights Period expires: [__/__/____]
All repair attempts documented below occurred within the Rights Period.

D. The Rebuttable Presumption — Fla. Stat. § 681.104(3)

Florida creates a rebuttable presumption that a reasonable number of attempts have been undertaken when, within the Lemon Law Rights Period, either:

Note on the 15-day figure: Florida law separately requires the consumer to give the manufacturer written notice once the vehicle has been out of service for a cumulative total of 15 or more days (Fla. Stat. § 681.104(1)(b)). This 15-day point is a mid-accumulation notice trigger, not the presumption threshold — the days-out-of-service presumption arises at 30 days under § 681.104(3)(b). Florida does not provide a reduced serious-safety-defect repair threshold.

E. Written Notice Requirement — Fla. Stat. § 681.104(1)(a)

After three attempts to repair the same nonconformity, the consumer must notify the manufacturer by registered or express mail. The manufacturer then has 10 calendar days after receipt to respond and provide an opportunity for repair at a reasonably accessible facility. After the consumer delivers the vehicle to that facility, the manufacturer has 10 calendar days to conform it to the warranty, or 45 calendar days for a recreational vehicle. This letter constitutes that notice if the three-attempt path is selected.

If the vehicle has instead been out of service by reason of repair for at least 15 cumulative days, the consumer must send a separate written notice by registered or express mail so the manufacturer or its authorized service agent can inspect or repair it. This letter also constitutes that notice if the days-out-of-service path is selected. Fla. Stat. § 681.104(1)(b).

F. Mandatory Florida NMVAB Arbitration — Fla. Stat. § 681.109

CRITICAL — Florida-Specific Requirement: Before filing a civil action on a matter subject to § 681.104, a consumer must submit the dispute to the Department and, if eligible, the Florida New Motor Vehicle Arbitration Board (NMVAB). Fla. Stat. § 681.1095(4).

• Administered by: Florida Attorney General, Consumer Protection Division
• Decision and appeal: The decision is final unless either party files a circuit-court petition within 30 days after receipt; the appeal is by trial de novo. Fla. Stat. § 681.1095(10), (12).
• Manufacturer compliance: An unappealed consumer award must be complied with within 40 days after the manufacturer's receipt. Fla. Stat. § 681.1095(9).

Certified procedure first when applicable: If the manufacturer has a certified procedure with jurisdiction, the consumer files there first. If no decision issues within 40 days, the consumer is dissatisfied, or the manufacturer does not comply, the consumer may apply for Board arbitration. If there is no certified procedure or it lacks jurisdiction, the consumer may apply directly to the Department. Fla. Stat. § 681.109(1)–(3).

G. Refund Calculation — The Florida Mileage Offset Formula

Under Fla. Stat. § 681.102(19), if a refund is elected, the manufacturer may deduct a reasonable offset for use calculated as:

Offset = (Miles attributable to the consumer up to the date of the settlement agreement or arbitration hearing, whichever occurs first) × (Base selling price of the vehicle, exclusive of taxes, government fees, and dealer fees) ÷ 120,000 (÷ 60,000 in the case of a recreational vehicle)

Note: Florida measures the offset by mileage up to the settlement/arbitration date — not mileage at first repair — and applies it to the base selling price rather than the full purchase price. § 681.102(19).

II. VEHICLE AND TRANSACTION INFORMATION

III. WARRANTY COVERAGE

All defects described below arose and were presented for warranty repair within the applicable warranty period and within the 24-month Lemon Law Rights Period.

IV. DESCRIPTION OF NONCONFORMITY

A. Statutory Standard

A "nonconformity" under Fla. Stat. § 681.102(15) means a defect or condition that substantially impairs the use, value, or safety of the motor vehicle, excluding a condition caused by an accident, abuse, neglect, modification, or alteration by someone other than the manufacturer or its authorized service agent.

B. Primary Nonconformity

Defect Designation: [ASSIGN SHORT NAME, e.g., "Transmission Slipping," "Engine Stalling"]

C. Additional Nonconformity (If Applicable)

Defect Designation: [________________________________]

[Add additional defect blocks as needed.]

V. FLORIDA-FORMAT REPAIR HISTORY

All repair orders must be attached. Florida NMVAB panels review the actual repair orders — ensure complete documentation.

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

[Add Repair Attempt Nos. 4, 5, etc. as needed.]

Cumulative Repair Summary

VI. QUALIFICATION UNDER FLORIDA LEMON LAW

Our Client's vehicle qualifies for statutory relief because (check all that apply):

☐ Three-Repair Threshold Met — Fla. Stat. § 681.104(3)(a):
The [PRIMARY DEFECT] has been subject to repair [____] times (at least 3), and — following the written notice and manufacturer's final repair attempt provided for in § 681.104(1)(a) — the nonconformity continues to exist. A rebuttable presumption now exists that a reasonable number of repair attempts have been undertaken.

☐ Thirty-Day Out-of-Service Threshold Met — Fla. Stat. § 681.104(3)(b):
The vehicle has been out of service by reason of repair for a cumulative total of [____] calendar days (30 or more; 60 or more for a recreational vehicle), exclusive of downtime for routine maintenance, meeting the days-out-of-service presumption. (Note: once the vehicle reached 15 cumulative days out of service, our Client provided the written notice required by § 681.104(1)(b).)

VII. OTHER CLAIMS RESERVED

Fla. Stat. § 681.112(3) preserves rights or remedies available under other law, and § 681.111 classifies a manufacturer's Chapter 681 violation as an unfair or deceptive trade practice. This demand asserts only the Chapter 681 relief described below. Counsel must separately investigate, plead, and prove any other warranty or consumer-protection claim.

VIII. DEMAND FOR RELIEF

Pursuant to Fla. Stat. § 681.104(2), we demand the following relief:

After a reasonable number of repair attempts, the manufacturer must provide the statutory refund or replacement within 40 days. The consumer has an unconditional right to choose a refund rather than replacement. Fla. Stat. § 681.104(2)(a).

A. Primary Relief (Select One)

☐ OPTION 1 — REPURCHASE / REFUND

Under Fla. Stat. § 681.104(2)(a), the manufacturer shall refund:

Refunds must be allocated to the consumer and lienholder of record as their interests appear. For a lease, Fla. Stat. § 681.104(2)(b) allocates the refund between lessor and lessee and prohibits an early-termination penalty.

☐ OPTION 2 — REPLACEMENT VEHICLE

Under Fla. Stat. § 681.104(2)(a), the manufacturer shall provide a replacement motor vehicle that is identical or reasonably equivalent as defined by § 681.102(21), acceptable to our Client, together with all reasonably incurred collateral and incidental charges. The consumer pays the reasonable offset for use.

B. Additional Relief Demanded

1. Consumer Remedies — Fla. Stat. § 681.112(1): In an action caused by a Chapter 681 violation, a prevailing consumer is entitled to pecuniary loss, litigation costs, reasonable attorney's fees, and appropriate equitable relief.

2. Attorney's Fees and Costs — Fla. Stat. § 681.112: As a prevailing consumer, our Client is entitled to recover all reasonable attorney's fees and costs.

3. Unfair or Deceptive Practice — Fla. Stat. § 681.111: Our Client reserves any properly investigated and pleaded claim arising from the statutory classification of a manufacturer's Chapter 681 violation.

IX. FINAL REPAIR / INSPECTION OPPORTUNITY

For the three-attempt path, this letter constitutes written notice under Fla. Stat. § 681.104(1)(a). Within 10 calendar days after receipt, respond and provide our Client an opportunity to deliver the vehicle to a reasonably accessible repair facility. Once delivered, conform the vehicle to the warranty within 10 calendar days, or 45 calendar days for a recreational vehicle.

For the 15-day out-of-service path, this letter also constitutes the written notice under § 681.104(1)(b). Promptly arrange the required opportunity for the manufacturer or its authorized service agent to inspect or repair the vehicle.

If the defect is not cured following the applicable opportunity, or if the statutory response or repair periods expire, our Client will proceed through the certified procedure or Department/Board path required by Fla. Stat. §§ 681.109 and 681.1095.

X. FLORIDA DISPUTE-RESOLUTION PROCESS — NEXT STEPS

If this demand is not satisfactorily resolved, our Client will follow the applicable statutory path:

• If the manufacturer has a certified procedure with jurisdiction, file with that procedure no later than 60 days after the Rights Period expires; then apply to the Department for Board arbitration when § 681.109(1) or (2) permits.
• If the manufacturer has no certified procedure or it lacks jurisdiction, apply directly to the Department for Board arbitration.
• Request Board arbitration no later than 60 days after the Rights Period expires or 30 days after final action of a certified procedure, whichever is later. Fla. Stat. § 681.109(4).

The Board hears disputes through three-member panels in locations intended to be reasonably convenient for consumers. Each party may present testimony, witnesses, and evidence, cross-examine witnesses, and be represented by counsel. Fla. Stat. § 681.1095(2), (7).

XI. DOCUMENT AND VEHICLE PRESERVATION

You are directed to immediately preserve:

• All repair orders, work orders, and warranty claims for this VIN
• All technical service bulletins (TSBs) issued for this vehicle model relating to the reported defect
• All field reports, warranty database entries, and engineering analyses relating to the defect
• All customer complaints and claims for similar defects in the same make/model/year
• All communications between dealer and manufacturer regarding this vehicle
• The vehicle itself — do not auction, sell, transport, alter, or destroy pending resolution

XII. DEADLINE FOR RESPONSE

Please comply with the statutory 10-calendar-day response period under Fla. Stat. § 681.104(1)(a), if applicable, and state in writing:

1. Your position on whether the vehicle qualifies under Florida Lemon Law;
2. Your offer for repurchase or replacement; OR
3. Scheduling of a final repair attempt.

If no satisfactory response is received, we will:

☐ File a Request for Arbitration with the Florida NMVAB
☐ Pursue a civil action after completing the pre-suit process required by Fla. Stat. § 681.1095(4)
☐ Pursue any other claim separately investigated and authorized by law

Respectfully submitted,

[LAW FIRM NAME]

By: ___________________________________
[ATTORNEY NAME]
Florida Bar No. [____________________]
[STREET ADDRESS]
[CITY, FL ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
☐ Copies of all repair orders (chronological order)
☐ Purchase/lease agreement and all financing documents
☐ Manufacturer's warranty booklet
☐ Vehicle registration (Florida)
☐ Photographs or video of defect
☐ Maintenance records (showing consumer compliance with warranty obligations)
☐ Rental car receipts and towing invoices
☐ Prior written correspondence with manufacturer and dealer
☐ Authorization to represent

cc: [CONSUMER NAME], c/o this office
[Lienholder/Lessor, if applicable]
Florida New Motor Vehicle Arbitration Board (copy for informational purposes)
Florida Attorney General — Consumer Protection Division
Florida Department of Highway Safety and Motor Vehicles (if safety defect)

FLORIDA LEMON LAW QUICK REFERENCE

FLORIDA ATTORNEY PRACTICE NOTES

☐ Certified Procedure Before NMVAB: Determine whether the manufacturer has a state-certified procedure with jurisdiction. If so, file there first; if not, apply directly to the Department. Calendar both § 681.109(4)'s Board deadline and § 681.112(2)'s civil-action limitation.

☐ Days-Out-of-Service Strategy: The days-out-of-service presumption arises at 30 cumulative qualifying days (§ 681.104(3)(b); 60 for RVs), but the written-notice obligation is triggered earlier, at 15 cumulative days (§ 681.104(1)(b)). Count only days out of service by reason of repair of one or more nonconformities, excluding routine-maintenance downtime, and preserve every repair order.

☐ Mileage Offset Strategy: Florida's offset uses mileage attributable to the consumer up to the settlement or arbitration date (§ 681.102(19)), applied to the base selling price (excl. taxes/fees) ÷ 120,000 (÷ 60,000 for RVs). Because the offset keeps accruing until resolution, prompt resolution limits the deduction — factor this into refund-vs-replacement advice and settlement timing.

☐ Safety Defects — No Reduced Threshold: Florida does not provide a reduced repair-attempt threshold for serious safety defects. Document safety impairment carefully, but the same § 681.104(3) presumption applies.

☐ Refund Allocation: Section 681.104(2)(b), not a separate loan-payoff subsection, governs allocation to a lienholder or between lessor and lessee. Confirm payoff logistics in any settlement without overstating the statutory text.

☐ Other Claims: Section 681.111 classifies a manufacturer's Chapter 681 violation as an unfair or deceptive trade practice, and § 681.112(3) preserves other remedies. Analyze the elements, defendants, limitation period, and recoverable relief for any separate claim before adding it.

SOURCES AND REFERENCES

• Current Florida Statutes, Chapter 681: https://www.flsenate.gov/Laws/Statutes/2025/Chapter681/All
• Florida Attorney General Lemon Law Main Page: https://www.myfloridalegal.com/lemon-law/lemon-law-main-page
• Hearings Before the Florida New Motor Vehicle Arbitration Board: https://www.myfloridalegal.com/lemon-law/hearings-before-the-florida-new-motor-vehicle-arbitration-board-

This template is for informational purposes only and does not constitute legal advice. Florida's Lemon Law has strict mandatory arbitration and procedural requirements. Consult a licensed Florida attorney (Florida Bar: floridabar.org) before use.