The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 681
MOTOR VEHICLE SALES WARRANTIES

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F.S. 681.104

681.104 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

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.

F.S. 681.104 on Google Scholar

F.S. 681.104 on Casetext

Amendments to 681.104

Arrestable Offenses / Crimes under Fla. Stat. 681.104

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 681.104.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CHRYSLER GROUP, LLC, v. MUSACCHIA, 64 So. 3d 141 (Fla. Dist. Ct. App. 2011)

. . . See § 681.104(2)(a), Fla. Stat. (2006). . . .

MEDINA, v. FORD MOTOR COMPANY,, 40 So. 3d 891 (Fla. Dist. Ct. App. 2010)

. . . . § 681.104(l)(a), Fla. Stat. (2009). . . . . § 681.104(2)(a), Fla. Stat. (2009). . . .

GENERAL MOTORS CORPORATION, v. SANCHEZ,, 16 So. 3d 883 (Fla. Dist. Ct. App. 2009)

. . . See § 681.104(2)(a), Fla. Stat. (2008). . . .

KIA MOTORS AMERICA CORPORATION, v. BUTLER,, 985 So. 2d 1133 (Fla. Dist. Ct. App. 2008)

. . . . § 681.104, Fla. Stat. (2007). Attorney fees are recoverable under both the MMWA and Lemon Law. . . .

AMERICAN HONDA MOTOR COMPANY, INC. v. CERASANI,, 955 So. 2d 543 (Fla. 2007)

. . . Section 681.102(4) includes lessees within its definition of “consumer,” and section 681.104(2)(b) provides . . . of “consumer” and providing definitions of “lease price,” “lessee,” “lessee cost,” and “lessor”); § 681.104 . . .

H. HAMILTON B. v. FORD MOTOR COMPANY, a, 936 So. 2d 1203 (Fla. Dist. Ct. App. 2006)

. . . See §§ 681.104(2)(a), 681.114(1), Fla. Stat. (2002). . . .

GELINAS, v. FOREST RIVER, INC., 931 So. 2d 970 (Fla. Dist. Ct. App. 2006)

. . . See §§ 681.104(2)(a), 681.1095(8) & (9), Fla. Stat. (2000). . . . violation under section 681.103 which does not rise to the level of a “nonconformity” under section 681.104 . . . the meaning of section 681.102(16); (2) a violation of a provision of Chapter 681 other than sections 681.104 . . . For example, Forest River points to section 681.104(2)(a) which requires the refund or replacement of . . .

ALLISON TRANSMISSION, INC. v. J. R. SAILING, INC., 926 So. 2d 404 (Fla. Dist. Ct. App. 2006)

. . . Section 681.104(2)(a) requires the manufacturer to conform the motor vehicle to the warranty or repurchase . . . It deals with the Lemon Law statute, which provides in section 681.104(2)(a): If the manufacturer ... . . .

FISCHETTI D. v. AMERICAN ISUZU MOTORS, INC., 918 So. 2d 974 (Fla. Dist. Ct. App. 2005)

. . . Initially, we note that the consumers’ claim for a replacement or refund under section 681.104 of the . . .

BURNS, v. DAIMLERCHRYSLER CORPORATION,, 914 So. 2d 451 (Fla. Dist. Ct. App. 2005)

. . . The statute states, in relevant part, "Before filing a civil action on a matter subject to s. 681.104 . . .

H. LAND, v. GENERAL MOTORS CORPORATION,, 906 So. 2d 1154 (Fla. Dist. Ct. App. 2005)

. . . warranty violation under section 681.103 ... does not rise to the level of a 'nonconformity' under section 681.104 . . .

COBERLEY, v. THOR INDUSTRIES, INC., 908 So. 2d 486 (Fla. Dist. Ct. App. 2005)

. . . See § 681.104, Fla. Stat. (2002). . . .

WILLIAMS, v. POTAMKIN MOTOR CARS, INC. GMC LLC d b a JM d b a v., 835 So. 2d 310 (Fla. Dist. Ct. App. 2002)

. . . See § 681.104, Fla. Stat. (2002). . . .

KING, v. KING MOTOR COMPANY OF FORT LAUDERDALE, a a a, 780 So. 2d 937 (Fla. Dist. Ct. App. 2001)

. . . He also alleged that Baa violated section 681.104(2), by not giving him the option of replacement or . . . See § 681.104(2)(a), Fla.Stat. (2000). . . . Consistent with the language of section 681.104(2)(a), the “relief’ contemplated by section 681.1095 . . . See §§ 681.104(2)(a), 681.1095(8) & (9), Fla.Stat. (2000). . . . See §§ 681.104(2)(a), 681.1095(8) & (9), Fla. Stat. (2000). . . .

CHRYSLER CORPORATION, v. PITSIRELOS,, 721 So. 2d 710 (Fla. 1998)

. . . of the defect to Chrysler Corporation, the manufacturer of the vehicle, in accordance with section 681.104 . . . to the consumer, make such repairs as are necessary to conform the vehicle to the warranty.... . § 681.104 . . .

C. MASON, D. P. M. P. A. v. PORSCHE CARS OF NORTH AMERICA, INC., 688 So. 2d 361 (Fla. Dist. Ct. App. 1997)

. . . Section 681.104(l)(a), Florida Statutes (1991), provides in part: After three attempts have been made . . .

BMW OF NORTH AMERICA, INC. v. SINGH,, 664 So. 2d 266 (Fla. Dist. Ct. App. 1995)

. . . majority holds that the trial court incorrectly interpreted the applicable statutory provisions, paragraph 681.104 . . . (l)(a) and subparagraph 681.104(3)(a)2., and that contrary to the trial court’s conclusion, BMW was entitled . . . that a manufacturer must be given a final repair attempt after receiving notice pursuant to paragraph 681.104 . . . See § 681.104(4), Fla.Stat. (1993). . . . See §§ 681.104(l)(a) and 681.104(3)(a)2. . . . On October 29, 1992, pursuant to section 681.104, Florida Statutes, Singh sent BMW a notice of continuing . . . The Board then proceeded to find that, pursuant to section 681.104(3)(a), Florida Statutes, Singh’s motor . . . The Board also rendered a conclusion of law that: [T]he terms of section 681.104(l)(b) make no reference . . . Only Section 681.104(l)(a), which relates to notice to Manufacturers under the repair attempts standard . . . Reducing them as much as possible to the essential, the statute reads as follows: 681.104. . . .

FAUST v. SUNRISE NISSAN OF ORANGE PARK, INC., 40 Fla. Supp. 2d 111 (Fla. Cir. Ct. 1990)

. . . By analogy, see § 681.104(1), Florida Statutes. . . .

MERCEDES BENZ OF NORTH AMERICA, INC. v. M. KLING,, 549 So. 2d 795 (Fla. Dist. Ct. App. 1989)

. . . barred from recovery against Mercedes Benz of North America, Inc., because of the provisions of section 681.104 . . . See § 681.104(5)(b), Fla.Stat. (1985). . . .

MASERATI AUTOMOBILES INCORPORATED S. P. A. v. CAPLAN,, 522 So. 2d 993 (Fla. Dist. Ct. App. 1988)

. . . . § 681.104(2)(a)2, Fla.Stat. (1988). . . . Finally, § 681.104(2)(a)2, Fla.Stat. (1983), specifically provides for damages in addition to the purchase . . .

CAPLAN, v. EAST SUNRISE MOTORS, INC., 522 So. 2d 920 (Fla. Dist. Ct. App. 1988)

. . . Although the Lemon Law does contain fee provisions authorizing an award of fees to the consumer, § 681.104 . . .

CHRYSLER CORPORATION, a v. WEINSTEIN,, 522 So. 2d 894 (Fla. Dist. Ct. App. 1988)

. . . that Weinstein’s attorney, while statutorily entitled to attorney’s fees based on the Lemon Law, § 681.104 . . .