Repair Record

Date and Miles In Date and Miles Out Reported Prob lem(s)

(DLA/LL-011)(5-2013)

Con sumer Guide to the

Florida Lemon Law

The Motor Vehicle War ranty Enforcement Act

Office of Attor ney Gen eralPam Bondi

Lemon Law Hot line

1-800-321-53661-850-414-3500 (out side Florida)

This guide is just that, a guide. If you have a ques tion or areuncer tain about a par tic u lar aspect of this law, con tact theLemon Law Hot line or write the Office of the Attor ney Gen eral,Lemon Law Arbi tra tion Pro gram, The Capitol, Tal la has see,Florida 32399-1050. Infor ma tion may also be found on theAttor ney Gen eral’s home page at http://myfloridalegal.com.

Pam BondiAttor ney General

GLOSSARY

Autho rized ser vice agent — any per son, includ ing a fran chised new motorvehi cle dealer, autho rized by the man u fac turer to ser vice motor vehi cles. Inthe case of a rec re ation vehi cle when there are two or more man u fac tur ers,an autho rized ser vice agent for any indi vid ual man u fac turer is any per son,includ ing a fran chised motor vehi cle dealer, autho rized to ser vice the itemswar ranted by that man u fac turer.

Con di tion — a gen eral prob lem (e.g., vehi cle fails to start, vehi cle runs hot,etc.) that may be attrib ut able to a defect in more than one part.

Non con for mity –- A defect or con di tion that sub stan tially impairs the use,value or safety of the motor vehi cle. A defect or con di tion that is the result ofacci dent, abuse, neglect or unau tho rized mod i fi ca tion or alter ation of thevehi cle by per sons other than the man u fac turer or its autho rized ser viceagent is not included.

Out-of-ser vice day — any day (includ ing week ends and hol i days) your vehi cleis left at an autho rized ser vice agent or man u fac turer’s des ig nated repairfacil ity for exam i na tion or repair of one or more nonconformities. Theout-of-ser vice days for each visit usu ally start the day the vehi cle is brought infor that repair work and end on the day the work is com pleted. Rou tine main -te nance (e.g., tune- up, oil change, etc.), repairs on minor defects, or repairsper formed on defects first reported after the Lemon Law rights period are not included. If ser vice is pre vented by cer tain events, such as a nat u ral disas ter(hur ri cane) or labor strike, the period may be extended.

Repair attempt — involves the replace ment of a com po nent, or some adjust -ment made, to cor rect a non con for mity. An exam i na tion of a reported non -con for mity, with out a sub se quent adjust ment or com po nent replace ment,may con sti tute a repair attempt if it is later shown that repair work was jus ti -fied. Under the Lemon Law, only an exam i na tion or repair per formed by theman u fac turer or its autho rized ser vice agent can count as a repair attempt.

Col lat eral charges — Rea son able addi tional charges to a con sumer whollyincurred as a result of the acqui si tion of the motor vehi cle. Col lat eral charges include, but are not lim ited to, man u fac turer-installed or agent-installeditems or ser vice charges, earned finance charges, sales taxes, and titlecharges.

Inci den tal charges — Rea son able costs to the con sumer which are directlycaused by the non con for mity of the motor vehi cle (e.g., post age, car rental,tow ing, repair costs, lodg ing, etc.).

Rea son able Off set for Use — the num ber of miles attrib ut able to a con sumer upto the date of a set tle ment agree ment or arbi tra tion hear ing, which ever occursfirst, mul ti plied by the base sell ing or sale price of the vehi cle as reflected on thepur chase invoice, exclu sive of taxes, gov ern ment fees, and dealer fees, or in thecase of a lease, the agreed upon value as reflected in the lease agree ment anddivided by 120,000, or 60,000 in the case of a rec re ation vehi cle.

This page represents

the blank back

of the 3 part form

For Position Only

How to Sub mit the Defect Noti fi ca tion Form

The Motor Vehi cle Defect Noti fi ca tion form in this pub li ca tion is pro -vided to help you meet the writ ten noti fi ca tion require ment under theFlorida Lemon Law. Type or print all infor ma tion in ink in a clear, leg i -ble man ner to ensure that com plete infor ma tion is con tained on allthree copies of the form.

Be sure to mark whether you are noti fy ing the man u fac turer con -cern ing three repair attempts on the same sub stan tial defect or con di -tion, or con cern ing 15 cumu la tive out-of-ser vice days for one or moresub stan tial defects. If both sit u a tions apply, mark both cat e go ries. Besure to state the make, model and year of your vehi cle, and the Vehi cleIden ti fi ca tion Num ber (VIN), which is a 17-digit alpha nu meric num berfound on the vehi cle or in your sale/lease con tract.

1. White copy — send by reg is tered or express mail, return receiptrequested, to the man u fac turer (not the dealer) at the address given inyour war ranty or owner’s man ual.

2. Yel low copy — keep with your other impor tant vehi cle doc u ments(e.g., sales agree ment, war ranty work orders, etc.).

3. Pink copy — (Optional) send by reg u lar mail to the Office of theAttor ney Gen eral at the address listed below when you send the whitecopy to the man u fac turer. PLEASE NOTE: the pink copy of the form isused by the attor ney gen eral’s office for research pur poses— MAILINGOF THIS FORM DOES NOT COMMENCE ARBITRATION.

If your vehi cle is a con ver sion vehi cle or a rec re ation vehi cle, you mayhave received war ran ties from more than one man u fac turer. If this isthe case, it is sug gested that you send a Defect Noti fi ca tion form orother writ ten noti fi ca tion con tain ing the same infor ma tion to eachman u fac turer from which you have received a warranty.

If you need more noti fi ca tion forms or another copy of this pub li ca -tion, call the Lemon Law Hot line at 1-800-321-5366 (or 850-414-3500out side Florida). You can down load the form via the Internet at the fol -low ing address: http://myfloridalegal.com

or write: Office of the Attor ney Gen eralLemon Law Research UnitThe Capitol, PL-01Tal la has see, Florida 32399-1050

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Inside This Guide

What Vehi cles are Cov ered by the Lemon Law? . . . . . 2

Does the Lemon Law Cover Every Vehi cle Defect? . . . 2To pro tect your rights you should do the fol low ing . . . . . . 3

How Do I Obtain Relief If I Have a Lemon? . . . . . . . . 4

When Must I Request Arbi tra tion by theState-Run Board?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

What proof will I need at my hear ing?. . . . . . . . . . . . . . . . . 6

Get ting a Refund or Replace ment Vehi cle . . . . . . . . . 6

What Hap pens After the Arbi tra tion Hear ing? . . . . . . 8

Rec re ation Vehi cles . . . . . . . . . . . . . . . . . . . . . . . . . . 8How Do I Resolve My Rec re ation Vehi cle Dis pute? . . . . . . . 9Gen eral Infor ma tion About the RV Medi a tion &

Arbi tra tion Pro gram . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

How to Sub mit the Defect Noti fi ca tion Form . . . . . . 12

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What vehi cles are cov ered by the Lemon Law?

New or dem on stra tor motor vehi cles sold or leased in the State ofFlorida may be cov ered under the Lemon Law. If the vehi cle is leased ora dem on stra tor, a man u fac turer’s war ranty must be issued as a con di -tion of sale. The lease must be either a lease-pur chase agree ment, or alease for one year or more with the les see respon si ble for hav ing thevehi cle repaired. Motor ized rec re ation vehi cles are also cov ered, withcer tain excep tions. IMPORTANT: If you own a rec re ation vehi cle, yourrights are some what dif fer ent. Please refer to the sec tion of this guide for rec re ation vehi cles.

If you trans fer your vehi cle to another con sumer dur ing the first 24months after tak ing deliv ery of the vehi cle and you both use the vehi cle for per sonal, fam ily or house hold pur poses, the con sumer to whomthe vehi cle is trans ferred may be cov ered under the Lemon Law.

IMPORTANT: The Lemon Law does not cover: used motor vehi cles, unless trans ferred as spec i fied above; non-motor ized and off-roadvehi cles; vehi cles that run only upon tracks; motor cy cles and mopeds;trucks weigh ing more than 10,000 pounds gross vehi cle weight; or theliv ing facil i ties of rec re ation vehi cles.

Does the Lemon Law cover every vehi cle defect?

No. The Lemon Law does not cover a defect or con di tion result ing froman acci dent, abuse, neglect, mod i fi ca tion or alter ation of the vehi cle byper sons other than a man u fac turer or autho rized ser vice agent. Also,in order to qual ify under the Lemon Law a defect or con di tion must becov ered under the war ranty, it must have been first reported to theman u fac turer or an autho rized ser vice agent dur ing the “Lemon Lawrights period” (The first 24 months after the date of orig i nal deliv ery ofa motor vehi cle to a con sumer), and it must sub stan tially impair theuse, value or safety of the vehi cle. The Lemon Law calls such a defect a“non con for mity.” Whether a par tic u lar defect or con di tion sub stan -tially impairs the use, value or safety of the vehi cle will depend on thefacts of each case. How ever, minor or triv ial defects or devi a tions inappear ance, struc ture or performance are not covered under theLemon Law.

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agree in writ ing to allow the arbi tra tor to decide issues that may not be cov ered under the Lemon Law. The for mal rules of evi dence, such asare used in a court room, do not apply to the arbi tra tion hear ing. Youmay be rep re sented by an attor ney (at your expense). It is likely thatthe involved man u fac turer(s) will be rep re sented by legal coun sel atthe arbi tra tion hear ing. When decid ing your case, the arbi tra tor musttake into account all legal and equi ta ble fac tors, includ ing the war ranty and the Lemon Law, nec es sary to make a fair deci sion.

If the arbi tra tor awards a refund or replace ment under the LemonLaw, your rem e dies may be sim i lar to those explained at pages 5-6 ofthis Guide. If the award is for a replace ment vehi cle, the pur chase priceof the replace ment rec re ation vehi cle can not exceed 105 per cent ofthe pur chase price of the rec re ation vehi cle being replaced. If a refundis awarded and the par ties do not accept the trade-in allow ance setforth in the vehi cle sale doc u ments, the NADA Rec re ation Vehi cleAppraisal Guide in effect at the time of pur chase of the “lemon” rec re -ation vehi cle will be used to deter mine the retail price of the trade-in.The man u fac turer must pro vide the appli ca ble appraisal guide. If aRea son able off set for use is cal cu lated accord ing to the Lemon Law,the for mula will be the num ber of miles attrib ut able to you up to thedate of a set tle ment agree ment or arbi tra tion hear ing, which everoccurs first, mul ti plied by the base sale price of the vehi cle anddivided by 60,000. (See the Glos sary)

The arbi tra tor must make a deci sion within 10 days of the clos ingof the arbi tra tion hear ing. The deci sion will be in writ ing and a copywill be sent to you and the involved man u fac turer(s) by the Pro gramAdmin is tra tor via reg is tered mail.

If the deci sion is an award, the man u fac turer(s) must com ply withthe deci sion within 40 days of the date the man u fac turer(s) receivesthe writ ten deci sion. If the man u fac turer fails to com ply with the deci -sion, you can seek enforce ment in court. You should seek the advice of an attor ney if you must pur sue enforce ment.

Either you or the man u fac turer(s) may appeal the arbi tra tor’s deci -sion. If you elect this option, you must file with the court within 30days of the date you receive the arbi tra tor’s writ ten deci sion. You mayhave other causes of action or rights out side of the Lemon Law. It is agood idea to con sult an attor ney regard ing these options.

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Attor ney Gen eral, Lemon Law Arbi tra tion Pro gram (850-414-3500) tofind out which program you are required to use.

Your claim must be filed with the RV Medi a tion/Arbi tra tion Pro -gram within 60 days after the expi ra tion of your Lemon Law rightsperiod (the first 24 months after the date of the orig i nal deliv ery of amotor vehi cle to a con sumer). DO NOT DELAY!!

If your claim is deemed eli gi ble by the RV Medi a tion/Arbi tra tionPro gram, you and all involved man u fac tur ers will be noti fied, in writ -ing, by the Pro gram Admin is tra tor. You will receive addi tional infor ma -tion regard ing the medi a tion and arbi tra tion pro gram pro ce dures.Your claim must be resolved within 70 days of the date the Pro gramAdmin is tra tor receives the claim. If your claim is rejected by the RVPro gram, then you will have the right to go to court to resolve yourdis pute.

Gen eral Infor ma tion About the RV Medi a tion andArbi tra tion Pro gram

Once your claim is eli gi ble, you and the man u fac turer(s) must go tomedi a tion first. Your claim will be assigned to a medi a tor and a medi a -tion con fer ence will be sched uled by the Pro gram Admin is tra tor. Youwill be given writ ten noti fi ca tion iden ti fy ing the assigned medi a tor and giv ing you the time, date and loca tion of the medi a tion con fer ence. Atthe medi a tion con fer ence, the medi a tor, a neu tral facil i ta tor, will assist you and the involved man u fac turer(s) in reach ing a mutu ally accept able set tle ment of your dis pute. The medi a tor will not impose any set tle -ment upon you. You are not required to have an attor ney rep re sentyou, although use of an attor ney is per mit ted. It is likely that the man u -fac turer(s) involved in your claim will be represented by an attorney.

If you and the involved man u fac turer(s) reach a mutu ally accept -able set tle ment, the terms of the set tle ment will be reduced to writ ingand must be signed by you and all involved man u fac tur ers. If you andthe involved man u fac turer(s) do not reach a set tle ment dur ing medi a -tion, or if the man u fac turer(s) fails to com ply with any set tle mentreached, the Pro gram Admin is tra tor will sched ule the mat ter for anarbi tra tion hear ing.

A hear ing will be con ducted by an arbi tra tor assigned by the Pro -gram Admin is tra tor. The arbi tra tor will not be the same per son whopre vi ously served as the medi a tor. You and the man u fac turer(s) can

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To pro tect your rights you should do the fol low ing:

1. REPORT PROMPTLY: If you start hav ing a prob lem with your vehi cledur ing the Lemon Law rights period, report it to the man u fac turer or its autho rized ser vice agent (this is usu ally the dealer) imme di ately. DONOT WAIT as this may cost you valu able time and protection.

2. KEEP RECORDS of all repairs and reg u lar main te nance per formed.When ever you bring your vehi cle in for exam i na tion or repair under the war ranty, the ser vice agent is required by law to give you a writ ten, leg -i ble, fully item ized repair order. DO NOT write on these doc u ments,use highlighter or oth er wise alter their appear ance. Keep anyreceipts for pay ment of expenses related to your pur chase or lease ofthe vehi cle or for pay ment of repair-related expenses. Keep track ofthe miles you drive to and from the autho rized ser vice agent or man u -fac turer’s des ig nated repair facil ity for repair.

3. REPEAT REPAIRS: If you have taken your vehi cle for repair of thesame defect(s) at least three times and it has not been fixed, you mustsend writ ten noti fi ca tion to the man u fac turer (not the dealer) by reg is -tered (return receipt requested) or express mail, to give the man u fac -turer one last oppor tu nity to cure the defect(s). There is a form in theback of this guide you can use. You should refer to your war ranty bookor owner’s man ual to get the man u fac turer’s address. You must receivea response from the man u fac turer (not the dealer) within 10 days fromthe date the man u fac turer receives your noti fi ca tion. If the man u fac -turer does not respond within 10 days, you do not have to give the lastoppor tu nity for repair. The man u fac turer’s response does not have tobe in writ ing, but it must direct you to a rea son ably acces si ble repairshop for the final repair and the appoint ment must be within a rea son -able time after the man u fac turer has received your noti fi ca tion. Onceyou deliver your vehi cle to the repair shop, the man u fac turer has 10days to fix the defect(s). If the man u fac turer does not fix the defect(s)within the 10 days, you do not have to allow fur ther repair. If the finalrepair attempt does not fix the defect(s), then the man u fac turer mustrefund the full pur chase price or pro vide a replace ment vehi cle. Thelaw pre sumes that you have had a “rea son able num ber of attempts” if,dur ing the Lemon Law rights period, there have been at least threeattempts to repair the same non con for mity and the non con for mitycon tin ues to exist after a final attempt to repair. If the first defect issuc cess fully cor rected at the final repair attempt, but a new defect

3

occurs during the Lemon Law rights period, the same rights andresponsibilities apply.

4. DAYS OUT OF SERVICE: If the vehi cle has been out of ser vice forrepair of one or more defects for a cumu la tive total of 15 or more cal en -dar days, you must send writ ten noti fi ca tion of this fact to the man u -fac turer (not the dealer) by reg is tered (return receipt requested) orexpress mail. (See the Glos sary for what con sti tutes an out-of-ser viceday). You should refer to your war ranty book or owner’s man ual to getthe man u fac turer’s address. After the man u fac turer receives the noti fi -ca tion, you must allow the man u fac turer or its autho rized ser vice agent at least one oppor tu nity to inspect or repair the vehi cle. The law pre -sumes that you have had a “rea son able num ber of attempts” if, dur ingthe Lemon Law rights period, your vehi cle is out of ser vice for repair ofone or more nonconformities a cumu la tive total of 30 or more days and you have given the writ ten noti fi ca tion and inspec tion/repair oppor tu -nity. The man u fac turer must offer a refund or replace ment. Under daysout of ser vice, it is not required that any non con for mity con tinue toexist.

IMPORTANT: You should keep a time and repair record of all sub -stan tial defects reported dur ing your first 24 months of own er ship orlease.

How do I obtain relief if I have a “lemon?”

If you think you are enti tled to a refund or replace ment, and your man -u fac turer is unwill ing to pro vide either rem edy, you must first sub mityour claim to arbi tra tion. If your man u fac turer spon sors a dis pute set -tle ment pro ce dure which has been cer ti fied by the Florida Depart mentof Legal Affairs, you must file a claim with that pro ce dure first. You canfind out if your man u fac turer has a cer ti fied pro ce dure by call ing theLemon Law Hot line at 1-800-321-5366 (or (850) 414-3500 out sideFlorida). There is no fee to use a manufacturer’s certified procedure.

Under the Lemon Law, if a man u fac turer has a cer ti fied pro ce dure,you must be told clearly and con spic u ously how and where to file aclaim with that pro ce dure in writ ing at the time you acquire yourmotor vehi cle. The notice should appear in either your war ranty,owner’s man ual or in an insert accom pa ny ing those documents.

IMPORTANT: You must file your claim with the man u fac turer’s cer -ti fied pro ce dure no later than 60 days from the date your Lemon Law

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repair facil ity for the final repair attempt, the man u fac turer has 45 daysto cure the defect(s).

DAYS OUT OF SERVICE:If your rec re ation vehi cle is out of ser vicefor repair of one or more sub stan tial defects for 15 or more days, youmust send writ ten noti fi ca tion of that fact to the man u fac turer(s) (notthe dealer) by reg is tered or express mail. After the man u fac turerreceives the noti fi ca tion, you must give the man u fac turer or its autho -rized ser vice agent at least one oppor tu nity to inspect or repair thevehi cle. The law pre sumes there have been a “rea son able num ber ofattempts” if, dur ing the Lemon Law rights period, the rec re ation vehi -cle is out of ser vice by rea son of repair of one or more nonconformities for a cumu la tive total of 60 days. Under days out of ser vice, it is notrequired that any non con for mity con tinue to exist.

IMPORTANT: Rec re ation vehi cles are often made and assem bledby more than one man u fac turer, each of which may sep a rately war rantits prod uct. In order to pro tect your rights under the Lemon Law, youshould seek repair of defec tive com po nents from the ser vice agentwho is autho rized by the par tic u lar man u fac turer(s) to per form therepairs. You should con sult the war ranty book and/or owner’s man ualof the man u fac turer(s) whose com po nent(s) you believe to be defec tive to find out where to take your vehi cle for repair. When send ing thewrit ten noti fi ca tion to the man u fac turer explained in this Guide, besure to send noti fi ca tion to each man u fac turer which may pro vide war -ranty cov er age of the prob lems about which you are com plain ing. Ifyou are uncer tain whether a par tic u lar man u fac turer’s war ranty cov ersyour com plaint, it is better to send the notification to all potentiallyresponsible manufacturers.

How do I resolve my rec re ation vehi cle dis pute?

If you think you are enti tled to a refund or replace ment, and your man -u fac turer(s) is unwill ing to pro vide either rem edy, you must first sub mit your claim to the RV medi a tion and arbi tra tion pro gram which has been approved by the Office of the Attor ney Gen eral. This is not thestate-run arbi tra tion pro gram and you are not required to use thestate-run arbi tra tion pro gram if there is an approved medi a tion andarbi tra tion pro gram avail able. If no approved medi a tion and arbi tra tion pro gram is avail able, then you must use the state-run arbi tra tion pro -gram. Call the Lemon Law Hot line (800-321-5366) or the Office of the

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man u fac turer receives a writ ten copy of the board’s deci sion, unlessthe man u fac turer appeals the deci sion. If the man u fac turer appealsyour award in court and the award is upheld, you are enti tled to recover your attor ney’s fees plus $25 per day for each day beyond the 40-dayperiod fol low ing the man u fac turer’s receipt of the board’s deci sion. Ifthe court deter mines that the man u fac turer brought the appeal in badfaith or for pur poses of harass ment, the court will dou ble, and maytriple, your award.

If the board deter mines that you are not enti tled to relief under the Lemon Law, you still have the option of going to court. If you elect thisoption, you must file with the court within 30 days of the date youreceive the board’s writ ten deci sion. You may have other causes ofaction or rights out side of the Lemon Law. It is a good idea to con sultan attor ney regard ing these options.

Rec re ation Vehi cles

If your vehi cle is a rec re ation vehi cle (not a van or truck con ver -sion), some of the cov er age pro vi sions of the Lemon Law are dif fer entfor you. The fol low ing pro vi sions apply spe cif i cally to rec re ation vehi -cles. All other pro vi sions not spec i fied in this sec tion are the same asthose out lined in the rest of this Guide.

COVERAGE: Cer tain parts of your vehi cle, char ac ter ized as “liv ingfacil i ties” are not cov ered under the Lemon Law. These include por -tions of the vehi cle designed, used or main tained pri mar ily as liv ingquar ters, such as the floor ing, plumb ing sys tem and fix tures, roof aircon di tioner, fur nace, gen er a tor, elec tri cal sys tems other than auto mo -tive cir cuits, the side entrance door, exte rior com po nents, and win -dows other than the wind shield and driver and front pas sen gerwin dows.

REPEAT REPAIRS: After at least 3 attempts to have the same defector con di tion repaired, you must send writ ten noti fi ca tion giv ing a finalrepair oppor tu nity to the man u fac turer(s) (not the dealer) by reg is -tered (return receipt requested) or express mail. You must receive theman u fac turer(s) response within 10 days, direct ing you to a rea son ably acces si ble repair facil ity for a final repair attempt. The appoint mentfor the final attempt must be within a rea son able time after you receive the man u fac turer’s response. Once the vehi cle is deliv ered to the

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rights period expires. It is rec om mended that you KEEP A RECORD ofthe date you file your claim. Some cer ti fied pro ce dures allow you tofile by telephone.

If your man u fac turer does not spon sor a cer ti fied pro ce dure, or if a man u fac turer’s cer ti fied pro ce dure fails to make a deci sion within 40days of the date you filed your claim, or if you are not sat is fied with thedeci sion, con tact the attor ney gen eral’s office at 1-800-321- 5366 (or850-414-3500 out side Florida) to have your dis pute arbi trated by thestate-run Florida New Motor Vehi cle Arbi tra tion Board. Be sure to askfor a “Request for Arbi tra tion” form. The Florida New Motor Vehi cleArbi tra tion Board is admin is tered by the Office of the Attor neyGen eral.

Your man u fac turer may spon sor a dis pute set tle ment pro ce durewhich has not been cer ti fied by the Depart ment of Legal Affairs; youare not required to sub mit to such a pro ce dure. Con tact the attor neygen eral’s office at 1-800-321-5366 (or 850-414-3500 out side Florida)to have your claim arbi trated by the state-run Florida New Motor Vehi -cle Arbi tra tion Board.

When must I request arbi tra tion by the state-runboard?

You must request arbi tra tion by the Florida New Motor Vehi cle Arbi tra -tion Board within 60 days of the expi ra tion of the Lemon Law rightsperiod or within 30 days from the final action of a man u fac turer’s cer ti -fied pro ce dure, which ever occurs later. The date the attor ney gen eral’soffice receives your Request for Arbi tra tion form is the date your claimis con sid ered filed. DO NOT DELAY!!

When you fill out a Request for Arbi tra tion form, you will have toinclude cop ies of per ti nent doc u ments in your pos ses sion. The attor -ney gen eral’s office will screen your arbi tra tion request and if it isdeemed eli gi ble for an arbi tra tion hear ing, the attor ney gen eral’soffice will then notify you and the man u fac turer of the approval of your claim and will send you addi tional infor ma tion about the arbi tra tionpro cess. A hear ing will be set before the state-run board at a loca tionthat is rea son ably close to you. The hear ing may last about two hours.You are not required to have an attor ney rep re sent you, although useof an attor ney is per mit ted (at your expense). There is no fee for hav ing your case heard by the Florida New Motor Vehi cle Arbi tra tion Board.

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What proof will I need at my hear ing?

To show that your vehi cle meets the require ments of the Lemon Law,you should gather and orga nize all your records on the pur chase orlease, main te nance, oper a tion, and repair his tory of the vehi cle. (It may be nec es sary to dem on strate that you prop erly main tained your vehi -cle.) If you called the man u fac turer or its autho rized ser vice agentabout a war ranty prob lem, note the time of day, date, and with whomyou spoke. When you notify the man u fac turer in writ ing by reg is teredor express mail, request a return receipt or obtain a track ing recordindi cat ing when the man u fac turer received the noti fi ca tion, and keep acopy of the writ ten noti fi ca tion with the receipt. You should bring tothe hear ing your copy of the Request for Arbi tra tion form and all doc -u ments you sub mit ted with your Request for Arbitration.

Get ting a refund or replace ment vehi cle

If you have a “lemon,” you have the option under the Lemon Law tochoose a refund or replace ment vehi cle; how ever, you do not have toaccept a replace ment vehi cle. You have an uncon di tional right to arefund.

If you accept a replace ment vehi cle, the replace ment vehi cle mustbe either iden ti cal or rea son ably equiv a lent to your vehi cle. A rea son -ably equiv a lent replace ment vehi cle is one with a man u fac turer’s sug -gested retail price of not more than 105 per cent of the man u fac turer’ssug gested retail price of your lemon vehi cle. You are also enti tled to be reim bursed for cer tain “col lat eral” and “inci den tal” charges (See theGlos sary for def i ni tions).

If you accept a refund, you are enti tled to reim burse ment for thefull pur chase price of your vehi cle, includ ing any cash you paid and thenet allow ance for a trade-in. If you and the man u fac turer can not agreeon the net trade-in allow ance that is reflected in your sale or lease doc -u ments, then, your trade-in reim burse ment will be equal to the retailprice stated in the NADA Offi cial Used Car Guide (South east ern Edi tion) in effect at the time you acquired your vehi cle. If you owed money onyour trade-in vehi cle when it was traded in, then the retail price will bereduced by the amount of the debt. The man u fac turer must pro videthe appli ca ble NADA book. You are also enti tled to be reim bursed forcer tain “col lat eral” and “inci den tal” charges (See the Glossary fordefinitions).

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If you are leas ing or mak ing loan pay ments on the vehi cle, therefund will be divided between you and the les sor or lienholder (e.g.bank, credit union or finance com pany) based on your respec tive finan -cial inter ests. (Your refund will include any cash down pay ment, nettrade-in allow ance as explained above, and pay ments you have madeon the lease or loan, includ ing inter est.) If you are leas ing your vehi cle,under the Lemon Law, your lease agree ment ends when you turn in the vehi cle. You can not be charged any pen al ties for end ing the leaseearly.

Be sure to KEEP COPIES of your lease, sales or retail install mentagree ment, and receipts for any rea son able expenses paid in con nec -tion with your pur chase or lease of the vehi cle (e.g., win dow tint ing,extended war ranty, etc.) or directly incurred because of the vehi cle’sdefect(s) (e.g., tow ing expenses, repair bills, car rental charges whileyour vehi cle was being repaired, etc.), if you were not reim bursed forthese items.

REASONABLE OFFSET FOR USE: If you receive a replace ment vehi -cle or a refund under the Lemon Law, the man u fac turer is enti tled to be com pen sated for your use of the vehi cle up to the time you and theman u fac turer set tle your claim or an arbi tra tion hear ing is held, which -ever occurs first. The off set equals the num ber of miles on the vehi cleattrib ut able to you up to the date of a set tle ment agree ment or arbi -tra tion hear ing, which ever occurs first, mul ti plied by the base saleprice of the vehi cle and divided by 120,000 (See the Glos sary). Mile -age on the odom e ter at the time of pur chase/lease, mile age accrued bythe man u fac turer or ser vice agent, and mile age you drive to an arbi tra -tion hear ing are not included in the off set cal cu la tion. Rea son ablemiles driven to/from the autho rized ser vice agent for repair of the sub -stan tial defect(s) are not included in the off set cal cu la tion. If you par tic -i pated in a man u fac turer-spon sored dis pute res o lu tion pro ce dure, besure to note the mile age on your vehi cle’s odom e ter on the date of thehear ing. The off set reduces the amount of any refund pay able to you,or you may have to pay the off set if you receive a replace ment vehi cle. KEEP A RECORD of mile age that you believe is not attrib ut able to you. The lower your mile age, the lower the off set amount.

What hap pens after the arbi tra tion hear ing?

If you are awarded a refund or replace ment vehi cle, the man u fac turermust com ply with the board’s deci sion within 40 days from the date the

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