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The 2025 Florida Statutes
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F.S. 681.104681.104 Nonconformity of motor vehicles.—(1)(a) After three attempts have been made to repair the same nonconformity, the consumer shall give written notification, by registered or express mail to the manufacturer, of the need to repair the nonconformity to allow the manufacturer a final attempt to cure the nonconformity. The manufacturer shall have 10 days, commencing upon receipt of such notification, to respond and give the consumer the opportunity to have the motor vehicle repaired at a reasonably accessible repair facility within a reasonable time after the consumer’s receipt of the response. The manufacturer shall have 10 days, except in the case of a recreational vehicle, in which event the manufacturer shall have 45 days, commencing upon the delivery of the motor vehicle to the designated repair facility by the consumer, to conform the motor vehicle to the warranty. If the manufacturer fails to respond to the consumer and give the consumer the opportunity to have the motor vehicle repaired at a reasonably accessible repair facility or perform the repairs within the time periods prescribed in this subsection, the requirement that the manufacturer be given a final attempt to cure the nonconformity does not apply. (b) If the motor vehicle is out of service by reason of repair of one or more nonconformities by the manufacturer or its authorized service agent for a cumulative total of 15 or more days, exclusive of downtime for routine maintenance prescribed by the owner’s manual, the consumer shall so notify the manufacturer in writing by registered or express mail to give the manufacturer or its authorized service agent an opportunity to inspect or repair the vehicle. (2)(a) If the manufacturer, or its authorized service agent, cannot conform the motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer, within 40 days, shall repurchase the motor vehicle and refund the full purchase price to the consumer, less a reasonable offset for use, or, in consideration of its receipt of payment from the consumer of a reasonable offset for use, replace the motor vehicle with a replacement motor vehicle acceptable to the consumer. The refund or replacement must include all reasonably incurred collateral and incidental charges. However, the consumer has an unconditional right to choose a refund rather than a replacement motor vehicle. Upon receipt of such refund or replacement, the consumer, lienholder, or lessor shall furnish to the manufacturer clear title to and possession of the motor vehicle. (b) Refunds shall be made to the consumer and lienholder of record, if any, as their interests may appear. If applicable, refunds shall be made to the lessor and lessee as follows: The lessee shall receive the lessee cost and the lessor shall receive the lease price less the lessee cost. A penalty for early lease termination may not be assessed against a lessee who receives a replacement motor vehicle or refund under this chapter. The Department of Revenue shall refund to the manufacturer any sales tax which the manufacturer refunded to the consumer, lienholder, or lessor under this section, if the manufacturer provides to the department a written request for a refund and evidence that the sales tax was paid when the vehicle was purchased and that the manufacturer refunded the sales tax to the consumer, lienholder, or lessor. (3) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the warranty if, during the Lemon Law rights period, either:(a) The same nonconformity has been subject to repair at least three times by the manufacturer or its authorized service agent, plus a final attempt by the manufacturer to repair the motor vehicle if undertaken as provided for in paragraph (1)(a), and such nonconformity continues to exist; or (b) The motor vehicle has been out of service by reason of repair of one or more nonconformities by the manufacturer, or its authorized service agent, for a cumulative total of 30 or more days, 60 or more days in the case of a recreational vehicle, exclusive of downtime for routine maintenance prescribed by the owner’s manual. The manufacturer or its authorized service agent must have had at least one opportunity to inspect or repair the vehicle following receipt of the notification as provided in paragraph (1)(b). The 30-day period, or 60-day period in the case of a recreational vehicle, may be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood, or natural disaster. (4) It is an affirmative defense to any claim under this chapter that:(a) The alleged nonconformity does not substantially impair the use, value, or safety of the motor vehicle; (b) The nonconformity is the result of an accident, abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by persons other than the manufacturer or its authorized service agent; or (c) The claim by the consumer was not filed in good faith. Any other affirmative defense allowed by law may be raised against the claim. History.—s. 5, ch. 83-69; s. 3, ch. 84-55; s. 41, ch. 85-62; s. 4, ch. 85-240; s. 2, ch. 86-229; ss. 4, 19, ch. 88-95; s. 4, ch. 91-429; s. 4, ch. 92-88; s. 4, ch. 97-245.
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Annotations, Discussions, Cases:
Cases Citing Statute 681.104
Total Results: 20
985 So. 2d 1133, 2008 WL 2356354
District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1254422
Cited 39 times | Published
respond to complaints and for case resolution. § 681.104, Fla. Stat. (2007). Attorney fees are recoverable
522 So. 2d 920, 1988 WL 18589
District Court of Appeal of Florida | Filed: Mar 8, 1988 | Docket: 355397
Cited 15 times | Published
authorizing an award of fees to the consumer, § 681.104(5)(b), Fla. Stat. (1983), and to a defendant in
721 So. 2d 710, 23 Fla. L. Weekly Supp. 464, 1998 Fla. LEXIS 1684, 1998 WL 633693
Supreme Court of Florida | Filed: Sep 17, 1998 | Docket: 1694468
Cited 12 times | Published
manufacturer of the vehicle, in accordance with section 681.104(1), Florida Statutes (1989), affording Chrysler
522 So. 2d 894, 1988 WL 12515
District Court of Appeal of Florida | Filed: Feb 23, 1988 | Docket: 1192019
Cited 11 times | Published
entitled to attorney's fees based on the Lemon Law, § 681.104(5)(b), Fla. Stat. (1985), failed to support his
688 So. 2d 361, 1997 WL 14227
District Court of Appeal of Florida | Filed: Jan 17, 1997 | Docket: 1508323
Cited 10 times | Published
to place Porsche on notice of the shudder. Section 681.104(1)(a), Florida Statutes (1991), provides in
522 So. 2d 993, 1988 WL 26271
District Court of Appeal of Florida | Filed: Mar 29, 1988 | Docket: 1660946
Cited 9 times | Published
car into conformity with its express warranty. § 681.104(2)(a)2, Fla. Stat. (1983). In addition, Caplan
780 So. 2d 937, 2001 WL 121115
District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1708727
Cited 8 times | Published
procedure." He also alleged that Kia violated section 681.104(2), by not giving him the option of replacement
926 So. 2d 404, 2006 Fla. App. LEXIS 2994, 2006 WL 508070
District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 1365247
Cited 5 times | Published
pursuant to section 681.1095(4) of the Act. Section 681.104(2)(a) requires the manufacturer to conform
16 So. 3d 883, 2009 Fla. App. LEXIS 9619, 2009 WL 2031284
District Court of Appeal of Florida | Filed: Jul 15, 2009 | Docket: 1640855
Cited 4 times | Published
full reimbursement of the purchase price. See § 681.104(2)(a), Fla. Stat. (2008). After General Motors
955 So. 2d 543, 32 Fla. L. Weekly Supp. 131, 2007 Fla. LEXIS 665, 2007 WL 1074922
Supreme Court of Florida | Filed: Apr 12, 2007 | Docket: 1659278
Cited 3 times | Published
lessees within its definition of "consumer," and section 681.104(2)(b) provides that when a vehicle does not
931 So. 2d 970, 2006 Fla. App. LEXIS 8141, 2006 WL 1409118
District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 2484733
Cited 3 times | Published
rise to the level of a "nonconformity" under section 681.104 because it does not substantially impair the
906 So. 2d 1154, 2005 Fla. App. LEXIS 9712, 2005 WL 1458727
District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 1775565
Cited 2 times | Published
rise to the level of a `nonconformity' under section 681.104 because it does not substantially impair the
908 So. 2d 486, 2005 Fla. App. LEXIS 8885, 2005 WL 1364367
District Court of Appeal of Florida | Filed: Jun 10, 2005 | Docket: 1397776
Cited 2 times | Published
vehicle or a refund of the purchase price. See § 681.104, Fla. Stat. (2002).
The Act also provides for
918 So. 2d 974, 2005 Fla. App. LEXIS 19612, 2005 WL 3299510
District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1361406
Cited 1 times | Published
consumers' claim for a replacement or refund under section 681.104 of the Lemon Law was first submitted to arbitration
664 So. 2d 266, 1995 WL 627828
District Court of Appeal of Florida | Filed: Oct 27, 1995 | Docket: 1229858
Cited 1 times | Published
vehicle. On October 29, 1992, pursuant to section 681.104, Florida Statutes, Singh sent BMW a notice
64 So. 3d 141, 2011 Fla. App. LEXIS 8400, 2011 WL 2200753
District Court of Appeal of Florida | Filed: Jun 8, 2011 | Docket: 457301
Published
vehicle was a "lemon" and requesting a refund. See § 681.104(2)(a), Fla. Stat. (2006). The arbitration board
40 So. 3d 891, 2010 Fla. App. LEXIS 10800, 2010 WL 2866988
District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 1667163
Published
the opportunity to have the vehicle repaired. § 681.104(1)(a), Fla. Stat. (2009). If the manufacturer
835 So. 2d 310, 2002 Fla. App. LEXIS 19379, 2002 WL 31870216
District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 64820062
Published
statute requires to try to sweeten the Lemon. See § 681.104, Fla. Stat. (2002). The alternative explanation
549 So. 2d 795, 14 Fla. L. Weekly 2344, 1989 Fla. App. LEXIS 5443, 1989 WL 114247
District Court of Appeal of Florida | Filed: Oct 5, 1989 | Docket: 64645302
Published
America, Inc., because of the provisions of section 681.104(5)(a), Florida Statutes (1985):
“(5)(a) Any
Florida Attorney General Reports | Filed: Apr 23, 1985 | Docket: 3256258
Published
its agent' for a specified period of time. Section 681.104(3), F.S. (1984 Supp.). Thus, s 681.104(2) appears
