Florida/Georgia Personal Injury & Workers Compensation

...t to the consumer, make such repairs as are necessary to conform the vehicle to the warranty.... [4] § 681.104, Fla. Stat. (1989). A "nonconformity" is "a defect or condition that substantially impairs the use, value, or safety of a motor vehicle." § 681.102(12), Fla....

...de edges of the left-side tires." The Board concluded that the transmission shudder and the rear end problem constituted defects which substantially impaired the vehicle's use and value and therefore constituted nonconformities within the meaning of section 681.102, Florida Statutes (1991)....

...1047, 1050 (E.D.Pa.1988) (holding that automobile purchaser did not have to prove specific defect under Pennsylvania lemon law), affirmed without opinion, 877 F. 2d 54 (3d Cir.1989). Similar to the Warranty Act's use of the term "malfunction," the lemon law refers to a nonconformity as being a "defect or condition." § 681.102(15), Fla....

...We can find no basis for the lower court's determination that, by failing to present quantified estimates, Mason failed to offer any evidence of substantial impairment of value. The testimony adduced by Mason was sufficient to support a finding of substantial impairment of value. 4. SUBSTANTIALLY IMPAIRED USE Although section 681.102(15) defines a nonconformity as a defect or condition that substantially impairs the use, value or safety of a motor vehicle, the lower court judge's oral ruling on Porsche's motions for directed verdict addressed only the safety and value aspects....

...n of sale, or the lessee is responsible for repairs, but does not include vehicles run only upon tracks, off-road vehicles, trucks over 10,000 pounds gross vehicle weight, motorcycles, mopeds, or the living facilities of recreational vehicles. . . . § 681.102(15), Fla....

...dants argue that a boat is not a motor vehicle under Florida's Motor Vehicle Sales Warranties Act ("Lemon Law"). Plaintiff argues that the boat he purchased from Defendants should be included in the definition of motor vehicles pursuant to Fla.Stat. § 681.102(14). This Court agrees. There is nothing [in] the definition of motor vehicles in Fla. Stat. § 681.102(14), which indicates that the Legislature intended to exclude watercraft in its definition of motor vehicles. In fact, as Plaintiff points out in his memorandum to the Defendants' motions to dismiss, in 1992, the Legislature amended Fla. Stat. § 681.102(14) to exclude the phrase "and is properly operated over the public streets and highways of this state." The Court finds that this deletion signifies the Legislature's desire to expand the scope of motor vehicles under the "Lemon Law"....

...unt equal to 100 percent of the retail price of the trade-in vehicle as reflected in the NADA Official Used Car Guide (Southeastern Edition) or NADA Recreation Vehicle Appraisal Guide, whichever is applicable, in effect at the time of the trade-in." § 681.102(19), Fla....

...dition of sale, or the lessee is responsible for repairs, but does not include vehicles run only upon tracks, off-road vehicles, trucks over 10,000 pounds gross vehicle weight, the living facilities of recreational vehicles, motorcycles, or mopeds." § 681.102(14), Fla....

...a). For a similar reason, the court also dismissed the Magnuson-Moss counts, since King was not able to make the car "available" to Kia within the meaning of 15 U.S.C. § 2304(b)(2). I The Lemon Law applies to the purchase of new motor vehicles. See § 681.102(15), Fla.Stat....

...Such circumstances might include: (1) a warranty violation under section 681.103 which does not rise to the level of a "nonconformity" under section 681.104 because it does not substantially impair the use, value, or safety of a motor vehicle within the meaning of section 681.102(16); (2) a violation of a provision of Chapter 681 other than sections 681.104 or 681.103, such as section 681.114, pertaining to the resale of returned vehicles; (3) where the refund/replacement remedy does not fully compensate the consumer, see Maserati Autos., Inc....

..., value, or safety of a motor vehicle, but does not include a defect or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent. § 681.102(16), Fla.Stat....

...Motion to Dismiss into a Motion to Stay the Proceedings, pending resolution of Burns' Lemon Law arbitration. On March 5, 2003, the Board conducted a hearing on Burns's Lemon Law claim, and determined that the Jeep was a "Lemon" within the meaning of section 681.102, Florida Statutes....

...A nonconformity is defined as a "defect or condition that substantially impairs the use, value or safety of a motor vehicle, but does not include a defect or condition that results from an accident, abuse, neglect, modification, or alteration ... by persons other than the manufacturer or its authorized service agent." § 681.102(15), Fla....

...to section 681.1095(4) of the Act. Section 681.104(2)(a) requires the manufacturer to conform the motor vehicle to the warranty or repurchase the vehicle. The principal issue at arbitration was whether the vehicle had a "nonconformity" as defined in section 681.102(16), i.e., "a defect or condition that substantially impairs the use, value, or safety of a motor vehicle." If a consumer loses at arbitration, section 681.1095(12) provides that the consumer may file a civil action in circuit court and receive a trial de novo....

...A condition that is annoying or unacceptable to the owner can be evidence that the defect substantially impairs it use, value or safety. (Emphasis added). While the first sentence of the instruction is simply a repetition of the statutory language of section 681.102(16), the final sentence of the instruction was a product of the Mason court's language quoted above and was a clear emphasis of some of the evidence to the exclusion of other competing evidence....

...Daimler-Chrysler Motors Corporation, Case No.: XX-XXXX-XXXX/FTL," in what is known as a Lemon Law proceeding. See id. On or about February 12, 2003, after an evidentiary hearing, the Board determined that the vehicle was not a "new vehicle" within the meaning of Florida Statute § 681.102(15) and, as a result, the Board held in favor of the manufacturer, Daimler-Chrysler, and denied the relief requested by Mr....

...Such circumstances might include: (1) a warranty violation under section 681.103 which does not rise to the level of a "nonconformity" under section 681.104 because it does not substantially impair the use, value, or safety of a motor vehicle within the meaning of section 681.102(16); (2) a violation of a provision of Chapter 681 other than sections 681.104 or 681.103, such as section 681.114, pertaining to the resale of returned vehicles; (3) where the refund/replacement remedy does not fully compensate the consumer, see Maserati Autos., Inc....

...cause such claims are permitted by statute. For example, Forest River points to section 681.104(2)(a) which requires the refund or replacement of the "lemon" vehicle to take account of "all reasonably incurred collateral and incidental damages." See § 681.102(3), (8), Fla....

...ther law." § 681.101, Fla. Stat. (1997). In this case, the dispute as to the correct amount of the refund centers on the amount considered to be the purchase price of the "lemon." On October 1, 1997, the definition of "purchase price," contained in section 681.102, was amended to read: "Purchase price" means the cash price as defined in s....

...cted in the NADA Official Used Car Guide (Southeastern Edition) or NADA Recreation Vehicle Appraisal Guide, whichever is applicable, in effect at the time of the trade-in. The manufacturer shall be responsible for providing the applicable NADA book. § 681.102(19), Fla. Stat. (1997) (emphasis added). [2] The predecessor provision defined purchase price as "the cash price as defined in s. 520.31(1), inclusive of any allowance for a trade-in vehicle." § 681.102(17), Fla....

...om the purchase price, resulting in negative equity for which Holzhauer-Mosher, not Ford, was responsible. Because the net trade-in allowance reflected in the purchase contract for the Mustang was not acceptable to Ford, it exercised its right under section 681.102(19) and argued that the refund should be calculated by using the NADA guide price of the trade-in vehicle which was $14,050....

...In her motion for summary judgment, Holzhauer-Mosher requested that the trial court affirm the arbitration award or declare the statutory definition of "purchase price" to be unconstitutional. The trial court concluded that there were no disputed issues of material fact and that Holzhauer-Mosher failed to establish that section 681.102(19) was unconstitutional....

...owed on Isuzu at time of ___________ trade $-2,343.45 Negative equity in Isuzu tradein + $7,231.95 Holzhauer-Mosher's loan ___________ payments on the new Mustang $ 4,888.50 Subtotal - 3,791.51 Offset for use of new Mustang, ___________ pursuant to section 681.102(20) $ 1,096.99 REFUND On appeal, Holzhauer-Mosher argues that there is a material issue of fact as to whether there was "debt owed on any other transaction." She contends that there was no evidence that debt from any other transaction was included in or added to the purchase price of the Mustang....

..." Although Holzhauer-Mosher couches her argument as a disputed issue of material fact, the determination of whether the Isuzu debt should be excluded from the "purchase price" of the Mustang turns on the statutory construction of "purchase price" in section 681.102(19), which is a question of law....

...Holzhauer-Mosher further argues that even if the debt owed on the Isuzu should be considered in determining the "purchase price," the debt amount should be subtracted from the trade-in value she negotiated with the dealer, and not the NADA guide value. She contends that if section 681.102(19) is interpreted to mean that the manufacturer may reject the trade-in value she negotiated with the dealer and substitute the NADA guide value therefor, it deprives her of her constitutional right to contract without due process of...

...essly held Florida's Lemon Law to *11 be constitutional. We agree with the Fourth District's reasoning in rejecting the constitutional challenges to the Lemon Law in Pitsirelos, and conclude the same reasoning applies here. Accordingly, we hold that section 681.102(19), Florida Statutes (1997), is constitutional....

...5th DCA 1995) (applying chapter 681 to claim by automobile lessee). Section 681.103 imposes a duty on the manufacturer (or its authorized service agent) to conform a vehicle to the warranty if the nonconformity is reported by the "consumer" within the "Lemon Law rights period." Section 681.102(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...

...aler, in connection with the sale of a motor vehicle to a consumer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is free of defects or will meet a specified level of performance. § 681.102(23), Fla....

...Under this construction, which is consistent with provisions throughout chapter 681 specifically bringing motor vehicle lessees within its operation, a sale is unnecessary *549 to trigger the protections of the Lemon Law under a written warranty. See § 681.102(4), (9), (11)-(13), Fla....

...n could be brought when "a warranty violation under section 681.103. . . does not rise to the level of a `nonconformity' under section 681.104 because it does not substantially impair the use, value or safety of a motor vehicle within the meaning of section 681.102(16)." Id. at 941. However, a studied review of the statutory language does not suggest that the Legislature intended for damages to be paid where minor or insignificant defects do not rise to the level of section 681.102(16), at least not through section 681.103....

...Although the Lemon Law defines motor vehicles to include recreational vehicles, it treats recreational vehicles somewhat differently from ordinary automobiles. Of importance to this case, the Lemon Law specifically excludes "living facilities of recreational vehicles" from its coverage. See § 681.102(15), Fla....

...issal, saying: This case has gone on far too long, and the reasons for this are not entirely clear. What is clear, however, is that the remaining alleged "defects" in the RV are not within the definition of "motor vehicle" as defined in F.S. chapter 681.102(15). Otherwise stated, F.S., Chapter 681 specifically excludes defects in the "living facilities of recreational vehicles", (as defined by F.S. 681.102(15))....

...Appellant, a Florida corporation, brought this suit under the statute alleging performance of all conditions precedent by it and the failure of the vehicle to conform to several express warranties. We focus on the narrow legal point ruled on by the trial court by first examining the following portion of section 681.102, Florida Statutes (1985): 681.102(3) "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle primarily used for personal, family, or household purposes; any person to whom such motor vehicle is transferred for the same purposes during the duratio...

...In our study of the three clauses set apart by semicolons in the definition section of the statute, we discern no legislative intent which would completely foreclose application of the Act to purchasers who take title to the vehicle in a corporate name. It can be argued that clauses one and two of section 681.102(3) are meant to apply to natural persons only since the specific purposes identified which entitle the purchaser or transferee to the benefits of the Act are "personal, family or household" uses....

...value, or safety of a motor vehicle, but does not include a defect or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent." § 681.102(16), Fla....

Attorney General RAB/tjw 1 See, s. 681.10, F.S. 2 Section 681.102(3), F.S. (1988 Supp.). 3 See, Results Real

...uestion to the respective plaintiff 3 provided by section 681.112(2), Florida Statutes (2002)(“An action brought under this chapter 4 must be commenced within 1 year after the expiration of the Lemon Law rights period .... ”), which incorporates section 681.102(10), Florida Statutes (Supp....

...88-95, Laws of Fla., includes section 681.112(2), which is § 10, at 442, Laws of Fla. and the resale provision sued upon, section 681.114(2), which is § 12, at 443, Laws of Fla. .Because "a” means any, Izadi v. Machado Ford, Inc., 550 So.2d 1135, 1138, n. 3 (Fla. 3d DCA 1989), and section 681.102(4) provides that: "Consumer” means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle primarily used for personal, family, or household purposes[,] it is clear that the "Lemon Law rights period” be...