Florida Statute 681.104 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 681.104

Total Results: 20

Long v. State

Court: Supreme Court of Florida | Date Filed: 2013-07-11

Citation: 118 So. 3d 798, 38 Fla. L. Weekly Supp. 587, 2013 WL 3466790, 2013 Fla. LEXIS 1424

Snippet: of the circumstances. Strickland, 466 U.S. at 681, 104 S.Ct. 2052. “Unless a defendant makes both showings

CHRYSLER GROUP, LLC v. Musacchia

Court: District Court of Appeal of Florida | Date Filed: 2011-06-08

Citation: 64 So. 3d 141, 2011 Fla. App. LEXIS 8400, 2011 WL 2200753

Snippet: vehicle was a "lemon" and requesting a refund. See § 681.104(2)(a), Fla. Stat. (2006). The arbitration board

Medina v. Ford Motor Co.

Court: District Court of Appeal of Florida | Date Filed: 2010-07-23

Citation: 40 So. 3d 891, 2010 Fla. App. LEXIS 10800, 2010 WL 2866988

Snippet: the opportunity to have the vehicle repaired. § 681.104(1)(a), Fla. Stat. (2009). If the manufacturer or

General Motors Corp. v. Sanchez

Court: District Court of Appeal of Florida | Date Filed: 2009-07-15

Citation: 16 So. 3d 883, 2009 Fla. App. LEXIS 9619, 2009 WL 2031284

Snippet: full reimbursement of the purchase price. See § 681.104(2)(a), Fla. Stat. (2008). After General Motors

KIA MOTORS AMERICA CORPORATION v. Butler

Court: District Court of Appeal of Florida | Date Filed: 2008-06-11

Citation: 985 So. 2d 1133

Snippet: respond to complaints and for case resolution. § 681.104, Fla. Stat. (2007). Attorney fees are recoverable

AMERICAN HONDA MOTOR CO., INC. v. Cerasani

Court: Supreme Court of Florida | Date Filed: 2007-04-12

Citation: 955 So. 2d 543, 32 Fla. L. Weekly Supp. 131, 2007 Fla. LEXIS 665, 2007 WL 1074922

Snippet: within its definition of "consumer," and section 681.104(2)(b) provides that when a vehicle does not conform

Hamilton v. Ford Motor Co.

Court: District Court of Appeal of Florida | Date Filed: 2006-09-01

Citation: 936 So. 2d 1203, 2006 WL 2520089

Snippet: Department of Motor Vehicles of the repurchase. See §§ 681.104(2)(a), 681.114(1), Fla. Stat. (2002). The trial

Gelinas v. Forest River, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-05-24

Citation: 931 So. 2d 970, 2006 Fla. App. LEXIS 8141, 2006 WL 1409118

Snippet: "compliance" with an arbitration decision. See §§ 681.104(2)(a), 681.1095(8) & (9), Fla. Stat. (2000). This

Allison Transmission, Inc. v. JR Sailing, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-03-03

Citation: 926 So. 2d 404, 2006 Fla. App. LEXIS 2994, 2006 WL 508070

Snippet: pursuant to section 681.1095(4) of the Act. Section 681.104(2)(a) requires the manufacturer to conform the

Fischetti v. American Isuzu Motors, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-12-07

Citation: 918 So. 2d 974, 2005 Fla. App. LEXIS 19612, 2005 WL 3299510

Snippet: claim for a replacement or refund under section 681.104 of the Lemon Law was first submitted to arbitration

Burns v. DaimlerChrysler Corp.

Court: District Court of Appeal of Florida | Date Filed: 2005-10-05

Citation: 914 So. 2d 451, 2005 Fla. App. LEXIS 15784, 2005 WL 2439228

Snippet: filing a civil action on a matter subject to s. 681.104, the consumer must first submit the dispute to

Land v. General Motors Corp.

Court: District Court of Appeal of Florida | Date Filed: 2005-06-22

Citation: 906 So. 2d 1154, 2005 Fla. App. LEXIS 9712, 2005 WL 1458727

Snippet: to the level of a `nonconformity' under section 681.104 because it does not substantially impair the use

Coberley v. Thor Industries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-06-10

Citation: 908 So. 2d 486, 2005 Fla. App. LEXIS 8885, 2005 WL 1364367

Snippet: vehicle or a refund of the purchase price. See § 681.104, Fla. Stat. (2002). The Act also provides for various

Williams v. Potamkin Motor Cars, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-12-26

Citation: 835 So. 2d 310, 2002 Fla. App. LEXIS 19379, 2002 WL 31870216

Snippet: statute requires to try to sweeten the Lemon. See § 681.104, Fla. Stat. (2002). The alternative explanation

King v. King Motor Co. of Fort Lauderdale

Court: District Court of Appeal of Florida | Date Filed: 2001-02-14

Citation: 780 So. 2d 937, 2001 WL 121115

Snippet: procedure." He also alleged that Kia violated section 681.104(2), by not giving him the option of replacement

Chrysler Corp. v. Pitsirelos

Court: Supreme Court of Florida | Date Filed: 1998-09-17

Citation: 721 So. 2d 710, 23 Fla. L. Weekly Supp. 464, 1998 Fla. LEXIS 1684, 1998 WL 633693

Snippet: manufacturer of the vehicle, in accordance with section 681.104(1), Florida Statutes (1989), affording Chrysler

Mason v. Porsche Cars of North America

Court: District Court of Appeal of Florida | Date Filed: 1997-01-17

Citation: 688 So. 2d 361, 1997 WL 14227

Snippet: place Porsche on notice of the shudder. Section 681.104(1)(a), Florida Statutes (1991), provides in part:

BMW of North America, Inc. v. Singh

Court: District Court of Appeal of Florida | Date Filed: 1995-10-27

Citation: 664 So. 2d 266, 1995 WL 627828

Snippet: vehicle. On October 29, 1992, pursuant to section 681.104, Florida Statutes, Singh sent BMW a notice of continuing

Roesch v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-11-17

Citation: 627 So. 2d 57, 1993 WL 477685

Snippet: trial." Strickland v. Washington, 466 U.S. 668, 681, 104 S.Ct. 2052, 2061, 80 L.Ed.2d 674 (1984).

Mercedes Benz of North America, Inc. v. Kling

Court: District Court of Appeal of Florida | Date Filed: 1989-10-05

Citation: 549 So. 2d 795, 14 Fla. L. Weekly 2344, 1989 Fla. App. LEXIS 5443, 1989 WL 114247

Snippet: America, Inc., because of the provisions of section 681.104(5)(a), Florida Statutes (1985): “(5)(a) Any action