Florida's Statutory Motor Vehicle Sales Warranty Provides Consumers Protection in their Auto Purchases

Florida Statutes Protect Consumers that Purchase Defective Vehicles

Scope of Florida's Statutory Motor Vehicle Sales Warranty

Florida's Statutory Motor Vehicle Sales Warranties Act provides extensive protections for consumers purchasing or leasing new or demonstrator vehicles in Florida. The Act ensures that these vehicles meet specific quality and performance standards and outlines the remedies available when vehicles do not conform to these standards.

Qualifications for Protection

• Covered Vehicles: The Act applies to new and demonstrator motor vehicles sold or leased in Florida. This includes passenger cars, trucks, and SUVs intended primarily for personal, family, or household use.

• Eligible Consumers: Protections under the Act are available to individuals who purchase or lease new vehicles for personal, family, or household purposes. The protections extend to any person to whom the vehicle is transferred within the warranty period, as well as any other person entitled by the warranty terms.

Limitations, Exclusions, and Exemptions

• Duration of Protection: Warranty protections typically apply during the first 24 months following the vehicle’s delivery to the consumer or during the warranty period, whichever comes first.

• Exclusions: Vehicles not covered include those purchased for commercial purposes, off-road vehicles, motorcycles, and vehicles with a gross vehicle weight rating of over 10,000 pounds.

• Exemptions: The Act does not cover issues arising from accidents, abuse, neglect, or unauthorized modifications by the consumer. Additionally, routine maintenance items and parts subject to normal wear and tear, such as tires and brake pads, are excluded from coverage.

Private Right of Action

The Act provides a private right of action for consumers if the manufacturer or its authorized service agent fails to conform the vehicle to the warranty after a reasonable number of attempts.

Steps to Commence an Action

1. Notification to Manufacturer: The consumer must notify the manufacturer of the issue and allow a reasonable number of attempts to repair the vehicle. Typically, this is defined as three attempts for the same problem or if the vehicle is out of service for a cumulative total of 15 or more days.

2. Informal Dispute Resolution: Before filing a lawsuit, the consumer must participate in an informal dispute resolution process if the manufacturer has established one. If the dispute remains unresolved through this process, the consumer may then proceed with legal action.

3. Filing a Lawsuit: The consumer can file a lawsuit seeking a replacement vehicle or a refund of the purchase price, minus a reasonable allowance for use. The lawsuit must be filed within one year after the expiration of the warranty or within one year following the final attempt to resolve the issue through the manufacturer’s dispute resolution process, whichever is later.

Conclusion

The Florida Motor Vehicle Sales Warranties Act offers significant protections to consumers against defective new or demonstrator vehicles. By understanding the scope of the Act, who qualifies for protection, and the limitations and exclusions, consumers can effectively navigate their rights. The provision for a private right of action empowers consumers to seek direct remedies when their vehicles fail to meet the promised standards, ensuring accountability from manufacturers.