LEMON LAW DEMAND LETTER
STATE OF FLORIDA
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL
[DATE]
[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]
[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]
Re: FLORIDA LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]
Dear Sir or Madam:
This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the Florida Motor Vehicle Warranty Enforcement Act, Fla. Stat. Section 681.10 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.
I. FLORIDA LEMON LAW FRAMEWORK
A. Statutory Authority
This demand is made pursuant to the Florida Motor Vehicle Warranty Enforcement Act, Fla. Stat. Section 681.10 et seq., commonly known as Florida's Lemon Law. Florida has one of the strongest lemon laws in the country with mandatory state-run arbitration.
B. Covered Vehicles
Under Fla. Stat. Section 681.102, a "motor vehicle" means:
- A new motor vehicle purchased or leased in Florida
- Sold, leased, or transferred to a consumer
- Includes: Demonstrator vehicles and vehicles transferred to a consumer with manufacturer's warranty
- Excludes: Motorcycles, mopeds, motor homes (except portion that provides motive power), and trucks over 10,000 pounds GVWR
The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Florida's Lemon Law.
C. Coverage Period (Lemon Law Rights Period)
Florida's Lemon Law applies during:
- 24 months following original delivery; Fla. Stat. Section 681.102(16).
This is one of the more consumer-friendly coverage periods in the nation.
D. Presumption of Nonconformity
Under Fla. Stat. Section 681.104(3), there is a rebuttable presumption that a reasonable number of attempts have been made if, within the Lemon Law Rights Period:
-
Same Nonconformity: The same nonconformity has been subject to repair three (3) or more times and continues to exist; OR
-
Days Out of Service: The vehicle has been out of service by reason of repair for a cumulative total of 15 or more calendar days (note: this is shorter than most states); OR
-
Serious Safety Defect: A nonconformity that is likely to cause death or serious bodily injury has been subject to repair one (1) time and continues to exist.
E. Manufacturer Notice Requirement
Under Fla. Stat. Section 681.104(1)(a), the consumer must give written notice to the manufacturer of the nonconformity. The notice should be sent to the address in the warranty or owner's manual. This notice triggers the manufacturer's obligation to attempt repair.
THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.
F. Mandatory State Arbitration
IMPORTANT: Florida requires consumers to submit disputes to the Florida New Motor Vehicle Arbitration Board before filing suit in court. Fla. Stat. Section 681.109. This state-run program is free to consumers.
II. VEHICLE INFORMATION
| Item | Details |
|---|---|
| Owner/Lessee | [CONSUMER FULL NAME] |
| Co-Owner/Co-Lessee | [IF APPLICABLE] |
| Year/Make/Model | [YEAR] [MAKE] [MODEL] |
| Trim Level/Package | [TRIM] |
| Vehicle Identification Number | [VIN] |
| Purchase/Lease Date | [DATE] |
| Delivering Dealer | [DEALER NAME AND LOCATION] |
| Purchase Price / Cap Cost | $[AMOUNT] |
| Current Odometer Reading | [MILEAGE] |
| Mileage at First Repair Attempt | [MILEAGE] |
| Type of Transaction | [ ] Purchase [ ] Lease |
III. WARRANTY INFORMATION
| Warranty Type | Duration | Status |
|---|---|---|
| Basic/Bumper-to-Bumper | [YEARS]/[MILES] | [ ] Active [ ] Expired |
| Powertrain | [YEARS]/[MILES] | [ ] Active [ ] Expired |
The defects complained of arose during the applicable warranty period and remain unresolved.
IV. DEFECT DESCRIPTION
A. Nature of Defect(s)
The vehicle suffers from one or more nonconformities that substantially impair its use, value, or safety as required under Fla. Stat. Section 681.102(20):
PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE - CRITICAL FOR 1-REPAIR THRESHOLD]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]
ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]
V. REPAIR HISTORY
Repair Attempt #1
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #2
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #3
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]
Summary of Repair Attempts
| Defect | Number of Repair Attempts | Total Days Out of Service |
|---|---|---|
| [PRIMARY DEFECT] | [NUMBER] | [DAYS] |
| TOTAL | [NUMBER] | [DAYS] |
VI. LEMON LAW QUALIFICATION
A. Florida Lemon Law Presumption Met
Our Client's vehicle qualifies as a lemon under Florida law because:
[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 3-repair threshold under Fla. Stat. Section 681.104(3)(a)(1).
[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] calendar days, meeting or exceeding the 15-day threshold under Fla. Stat. Section 681.104(3)(a)(2).
[ ] Serious Safety Defect Threshold Met:
A serious safety defect likely to cause death or serious bodily injury has been subject to repair [NUMBER] time(s), meeting the 1-repair threshold under Fla. Stat. Section 681.104(3)(a)(3).
B. Magnuson-Moss Warranty Act
In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq.
VII. FLORIDA STATE ARBITRATION NOTICE
Under Fla. Stat. Section 681.109, Florida operates a mandatory state-run arbitration program through the Florida New Motor Vehicle Arbitration Board. Key points:
- Mandatory: Consumer must request arbitration before filing suit
- Free: No cost to the consumer
- Binding on Manufacturer: If consumer accepts the decision, it is binding on the manufacturer
- Consumer's Option: Consumer may reject the decision and proceed to court
Our Client reserves the right to file a Request for Arbitration with the Florida New Motor Vehicle Arbitration Board if this demand is not satisfactorily resolved.
Contact Information:
Florida Department of Agriculture and Consumer Services
Division of Consumer Services - Lemon Law Arbitration
2005 Apalachee Parkway
Tallahassee, FL 32399-6500
VIII. DEMAND FOR RELIEF
Pursuant to Fla. Stat. Section 681.104, we hereby demand:
A. Primary Relief (Choose One)
[ ] REPURCHASE/REFUND
Under Fla. Stat. Section 681.104(2)(a), the manufacturer must refund:
| Item | Amount |
|---|---|
| Full Purchase Price | $[AMOUNT] |
| Plus: All Collateral Charges (including sales tax, tags, registration, title fees) | $[AMOUNT] |
| Plus: All Incidental Charges (finance charges, towing, rental) | $[AMOUNT] |
| Subtotal | $[AMOUNT] |
| Less: Reasonable Offset for Use (see below) | ($[AMOUNT]) |
| TOTAL REFUND DUE | $[AMOUNT] |
Under Fla. Stat. Section 681.102(24), the reasonable offset for use is calculated as: (miles driven at first delivery for repair) x (purchase price) / 120,000
[ ] REPLACEMENT
Under Fla. Stat. Section 681.104(2)(b), the manufacturer must provide a comparable motor vehicle that is acceptable to the consumer.
B. Additional Relief
-
Civil Penalty: Under Fla. Stat. Section 681.112(2), if the manufacturer's violation was willful, the court may award reasonable attorney's fees and civil penalties.
-
Attorney's Fees and Costs: Under Fla. Stat. Section 681.112, a prevailing consumer may recover reasonable attorney's fees.
-
Loan/Lease Payoff: Under Fla. Stat. Section 681.104(4), the manufacturer must pay off any outstanding balance to the lienholder/lessor.
IX. FINAL REPAIR OPPORTUNITY
This letter provides [MANUFACTURER] with written notice as required under Fla. Stat. Section 681.104(1)(a). If the nonconformity is not cured after a reasonable number of attempts, our Client will file for state arbitration.
Please contact the undersigned within ten (10) business days to schedule a final repair attempt or arrange for repurchase/replacement.
X. DOCUMENT PRESERVATION
You are hereby directed to preserve all documents and records relating to this vehicle, including:
- All repair orders and warranty claims
- All technical service bulletins related to the defect
- All customer complaints regarding similar defects
- All communications between dealer and manufacturer
- All engineering documents and analyses
- The vehicle itself (do not destroy, sell, or alter)
XI. RESPONSE DEADLINE
Please respond to this demand in writing within fifteen (15) days of the date of this letter with:
- Your position on whether the vehicle qualifies as a lemon
- Your offer for repurchase or replacement
- Scheduling of a final repair opportunity, if desired
If we do not receive a satisfactory response, our Client will:
[ ] File a Request for Arbitration with the Florida New Motor Vehicle Arbitration Board
[ ] Report this matter to the Florida Attorney General
[ ] Report this matter to the Florida Department of Agriculture and Consumer Services
XII. CONCLUSION
Florida's Lemon Law provides strong consumer protections, including a low threshold of only 15 days out of service and a single repair attempt for serious safety defects. Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle.
We urge you to resolve this matter promptly. The Florida state arbitration program has historically been favorable to consumers with legitimate claims.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
Florida Bar No. [NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [CONSUMER FULL NAME]
ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer
cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
Florida Department of Agriculture and Consumer Services - Lemon Law Unit
Florida Attorney General - Consumer Protection Division
FLORIDA LEMON LAW QUICK REFERENCE
| Element | Florida Requirement |
|---|---|
| Statute | Fla. Stat. Section 681.10 et seq. |
| Coverage | New motor vehicles |
| Excludes | Motorcycles, mopeds, motor homes (except drivetrain), trucks over 10,000 lbs GVWR |
| Coverage Period | 24 months from original delivery |
| Repair Attempts Required | 3 for same defect; 1 for serious safety defect |
| Days Out of Service | 15 calendar days (very consumer-friendly) |
| Notice Required | Written notice to manufacturer |
| Arbitration Required | Yes - MANDATORY state-run arbitration through FL New Motor Vehicle Arbitration Board |
| Mileage Offset | (Miles at first repair x Purchase Price) / 120,000 |
| Civil Penalty | Available for willful violations |
| Attorney's Fees | Yes, to prevailing consumer |
FLORIDA PRACTICE NOTES
[ ] Strong Consumer Protections: Florida's 15-day out-of-service threshold is one of the shortest in the nation.
[ ] Mandatory State Arbitration: Unlike most states, Florida REQUIRES use of the state arbitration board before litigation.
[ ] One Repair for Safety Defects: A single repair attempt is sufficient for defects likely to cause death or serious injury.
[ ] 24-Month Coverage: Florida provides a full 24 months of coverage, which is more generous than many states.
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney before use.