681.103

Duty of manufacturer to conform a motor vehicle to the warranty.

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681.103 Duty of manufacturer to conform a motor vehicle to the warranty.—

(1) If a motor vehicle does not conform to the warranty and the consumer first reports the problem to the manufacturer or its authorized service agent during the Lemon Law rights period, the manufacturer or its authorized service agent shall make such repairs as are necessary to conform the vehicle to the warranty, irrespective of whether such repairs are made after the expiration of the Lemon Law rights period. Such repairs shall be at no cost to the consumer if made during the term of the manufacturer’s written express warranty. Nothing in this paragraph shall be construed to grant an extension of the Lemon Law rights period or to expand the time within which a consumer must file a claim under this chapter.

(2) Each manufacturer shall provide to its consumers conspicuous notice of the address and phone number for its zone, district, or regional office for this state in the written warranty or owner’s manual. By January 1 of each year, each manufacturer shall forward to the department a copy of the owner’s manual and any written warranty for each make and model of motor vehicle that it sells in this state.

(3) At the time of acquisition, the manufacturer shall inform the consumer clearly and conspicuously in writing how and where to file a claim with a certified procedure if such procedure has been established by the manufacturer pursuant to s. 681.108. The nameplate manufacturer of a recreational vehicle shall, at the time of vehicle acquisition, inform the consumer clearly and conspicuously in writing how and where to file a claim with a program pursuant to s. 681.1096. The manufacturer shall provide to the dealer and, at the time of acquisition, the dealer shall provide to the consumer a written statement that explains the consumer’s rights under this chapter. The written statement shall be prepared by the department and shall contain a toll-free number for the department which the consumer can contact to obtain information regarding the consumer’s rights and obligations under this chapter or to commence arbitration. If the manufacturer obtains a signed receipt for timely delivery of sufficient quantities of this written statement to meet the dealer’s vehicle sales requirements, it shall constitute prima facie evidence of compliance with this subsection by the manufacturer. The consumer’s signed acknowledgment of receipt of materials required under this subsection shall constitute prima facie evidence of compliance by the manufacturer and dealer. The form of the acknowledgments shall be approved by the department, and the dealer shall maintain the consumer’s signed acknowledgment for 3 years.

(4) A manufacturer, through its authorized service agent, shall provide to the consumer, each time the consumer’s motor vehicle is returned after being examined or repaired under the warranty, a fully itemized, legible statement or repair order indicating any test drive performed and the approximate length of the test drive, any diagnosis made, and all work performed on the motor vehicle including, but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the motor vehicle was submitted for examination or repair, and the date when the repair or examination was completed.

History.—s. 4, ch. 83-69; s. 40, ch. 85-62; s. 3, ch. 85-240; ss. 3, 19, ch. 88-95; s. 4, ch. 91-429; s. 3, ch. 92-88; s. 3, ch. 97-245; s. 1, ch. 2002-71; s. 20, ch. 2002-235; s. 18, ch. 2011-56; s. 28, ch. 2011-205.

Notes of Decisions

Cited in 8 cases, 1998–2010 · leading case: Chrysler Corp. v. Pitsirelos

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Chrysler Corp. v. Pitsirelos (1998) fla · cites it 4× “[2] Section 681.103(1), Florida Statutes (1989), [3] requires a motor vehicle manufacturer or its authorized service agent to make repairs necessary to conform a vehicle to its warranty.”

King v. King Motor Co. of Fort Lauderdale (2001) fladistctapp · cites it 3× “Such circumstances might include: (1) a warranty violation under section 681.103 which does not rise to the level of a "nonconformity" under section 681.”

Gelinas v. Forest River, Inc. (2006) fladistctapp “Such circumstances might include: (1) a warranty violation under section 681.103 which does not rise to the level of a "nonconformity" under section 681.”

AMERICAN HONDA MOTOR CO., INC. v. Cerasani (2007) fla “102(4) includes lessees within its definition of "consumer," and section 681.104(2)(b) provides that when a vehicle does not conform to the manufacturer's warranty, "[t]he lessee shall receive the lessee cost and the lessor shall receive the lease price less the lessee cost.”

Holzhauer-Mosher v. Ford Motor Co. (2000) fladistctapp · cites it 2× “" § 681.103(3), Fla. Stat. (1997). The Legislature should consider adding a provision that requires that the written statement also expressly advise consumers that if they elect to seek relief under the Lemon Law, they may not recover the full bargain they negotiated at the time…”

Land v. General Motors Corp. (2005) fladistctapp · cites it 5× “112 action could be brought when "a warranty violation under section 681.103. . . does not rise to the level of a `nonconformity' under section 681.”

Coberley v. Thor Industries, Inc. (2005) fladistctapp · cites it 2× “See § 681.103, Fla. Stat. (2002). If the manufacturer or its agent are unable to correct the nonconformities within a reasonable number of attempts, the consumer is entitled to a replacement vehicle or a refund of the purchase price.”

Medina v. Ford Motor Co. (2010) fladistctapp · cites it 2× “§ 681.103(1), Fla. Stat. (2009). After three attempts to repair the nonconformity, the consumer is required to give the manufacturer written notification of the need to repair the nonconformity and a final opportunity to cure it.”

— 681.103(1) — 3 cases

Chrysler Corp. v. Pitsirelos (1998) fla “[2] Section 681.103(1), Florida Statutes (1989), [3] requires a motor vehicle manufacturer or its authorized service agent to make repairs necessary to conform a vehicle to its warranty.”

Land v. General Motors Corp. (2005) fladistctapp “112 action could be brought when "a warranty violation under section 681.103. . . does not rise to the level of a `nonconformity' under section 681.”

Medina v. Ford Motor Co. (2010) fladistctapp “§ 681.103(1), Fla. Stat. (2009). After three attempts to repair the nonconformity, the consumer is required to give the manufacturer written notification of the need to repair the nonconformity and a final opportunity to cure it.”

— 681.103(3) — 2 cases

King v. King Motor Co. of Fort Lauderdale (2001) fladistctapp “Such circumstances might include: (1) a warranty violation under section 681.103 which does not rise to the level of a "nonconformity" under section 681.”

Holzhauer-Mosher v. Ford Motor Co. (2000) fladistctapp “" § 681.103(3), Fla. Stat. (1997). The Legislature should consider adding a provision that requires that the written statement also expressly advise consumers that if they elect to seek relief under the Lemon Law, they may not recover the full bargain they negotiated at the time…”

— 681.103(4) — 1 case

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