681.112

Consumer remedies.

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681.112 Consumer remedies.
(1) A consumer may file an action to recover damages caused by a violation of this chapter. The court shall award a consumer who prevails in such action the amount of any pecuniary loss, litigation costs, reasonable attorney’s fees, and appropriate equitable relief.
(2) An action brought under this chapter must be commenced within 1 year after the expiration of the Lemon Law rights period, or, if a consumer resorts to an informal dispute-settlement procedure or submits a dispute to the department or board, within 1 year after the final action of the procedure, department, or board.
(3) This chapter does not prohibit a consumer from pursuing other rights or remedies under any other law.
History.ss. 10, 19, ch. 88-95; s. 4, ch. 91-429; s. 24, ch. 2011-56; s. 33, ch. 2011-205.
Notes of Decisions
Cited in 16 cases, 1993–2011 · leading case: Gelinas v. Forest River, Inc.
Gelinas v. Forest River, Inc. (2006) fladistctapp · cites it 27× “This award was entered based on a proposal for settlement following the trial court's granting of a summary judgment in favor of Forest River on Gelinas's claims for recovery under Florida Statutes section 681.112. We reverse. Gelinas filed suit against Forest River under…”
King v. King Motor Co. of Fort Lauderdale (2001) fladistctapp · cites it 13× “The narrow issue we consider in this case is whether a consumer must be able to furnish clear title to and possession of a motor vehicle in order to bring a circuit court action for damages under section 681.112, Florida Statutes (2000), Florida's Lemon Law, and 15 U.”
KIA MOTORS AMERICA CORPORATION v. Butler (2008) fladistctapp · cites it 2× “§ 2310 ; § 681.112, Fla. Stat. In addition, the National Highway Safety Act, 49 U.”
General Motors Corp. v. Sanchez (2009) fladistctapp · cites it 3× “Specifically, the plaintiffs entire reliance on section 681.112(1), Florida Statutes (2008), is misplaced.”
Hamilton v. Ford Motor Co. (2006) fladistctapp · cites it 4× “The plaintiffs then filed a complaint alleging claims under the Motor Vehicle Warranty Enforcement Act, section 681.112, Florida Statutes (2002) [Florida Lemon Law Act] and the Magnuson-Moss Warranty Act, 15 U.”
General Motors LLC v. Bowie (2011) fladistctapp · cites it 16× “§ 681.112, Fla. Stat. (2006). . This holding is also consistent with our supreme court’s decision in Hubbel v.”
AMERICAN HONDA MOTOR CO., INC. v. Cerasani (2007) fla · cites it 2× “" Finally, section 681.112(1) authorizes a consumer to file suit to recover damages caused by a violation of the Lemon Law, and section 681.”
Burns v. DaimlerChrysler Corp. (2005) fladistctapp · cites it 2× “Further, section 681.112(3), Florida Statutes, states: "This chapter does not prohibit a consumer from pursuing other rights or remedies under any other law.”
Allison Transmission, Inc. v. JR Sailing, Inc. (2006) fladistctapp “But King is inapposite because, in that case, the Fourth District decided only the narrow question of whether a consumer had to furnish clear title to and possession of a motor vehicle in order to bring a circuit court action for "damages" under section 681.112. The court held…”
Land v. General Motors Corp. (2005) fladistctapp · cites it 5× “NOTES [1] It appears Land's reliance on section 681.112, Florida Statutes, is misplaced, despite this Court's opinion in King v.”
General Motors Corp. v. Neu (1993) fladistctapp · cites it 2× “Also, section 681.112(1), Florida Statutes (1991) permits a consumer to file an action for violation of the Lemon Law in the trial court.”
CHRYSLER GROUP, LLC v. Musacchia (2011) fladistctapp · cites it 5× “We have recently held that “ ‘damages’ under section 681.112 do not include attorney’s fees incurred in pursuing the refund option through arbitration.”
— 681.112(1) — 8 cases
General Motors Corp. v. Sanchez (2009) fladistctapp “Specifically, the plaintiffs entire reliance on section 681.112(1), Florida Statutes (2008), is misplaced.”
King v. King Motor Co. of Fort Lauderdale (2001) fladistctapp “The narrow issue we consider in this case is whether a consumer must be able to furnish clear title to and possession of a motor vehicle in order to bring a circuit court action for damages under section 681.112, Florida Statutes (2000), Florida's Lemon Law, and 15 U.”
Gelinas v. Forest River, Inc. (2006) fladistctapp “This award was entered based on a proposal for settlement following the trial court's granting of a summary judgment in favor of Forest River on Gelinas's claims for recovery under Florida Statutes section 681.112. We reverse. Gelinas filed suit against Forest River under…”
Hamilton v. Ford Motor Co. (2006) fladistctapp “The plaintiffs then filed a complaint alleging claims under the Motor Vehicle Warranty Enforcement Act, section 681.112, Florida Statutes (2002) [Florida Lemon Law Act] and the Magnuson-Moss Warranty Act, 15 U.”
AMERICAN HONDA MOTOR CO., INC. v. Cerasani (2007) fla “" Finally, section 681.112(1) authorizes a consumer to file suit to recover damages caused by a violation of the Lemon Law, and section 681.”
— 681.112(2) — 3 cases
King v. King Motor Co. of Fort Lauderdale (2001) fladistctapp “The narrow issue we consider in this case is whether a consumer must be able to furnish clear title to and possession of a motor vehicle in order to bring a circuit court action for damages under section 681.112, Florida Statutes (2000), Florida's Lemon Law, and 15 U.”
Gelinas v. Forest River, Inc. (2006) fladistctapp “This award was entered based on a proposal for settlement following the trial court's granting of a summary judgment in favor of Forest River on Gelinas's claims for recovery under Florida Statutes section 681.112. We reverse. Gelinas filed suit against Forest River under…”
— 681.112(3) — 2 cases
Burns v. DaimlerChrysler Corp. (2005) fladistctapp “Further, section 681.112(3), Florida Statutes, states: "This chapter does not prohibit a consumer from pursuing other rights or remedies under any other law.”
AMERICAN HONDA MOTOR CO., INC. v. Cerasani (2007) fla “" Finally, section 681.112(1) authorizes a consumer to file suit to recover damages caused by a violation of the Lemon Law, and section 681.”
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