CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2001 WL 121115
...See §
681.104(2)(a), Fla.Stat. (2000). The Lemon Law also sets out a procedure for enforcing the consumer's rights to a replacement or refund. In certain circumstances, the Lemon Law provides relief other than the replacement/refund option. See §§
681.111 &
681.112, Fla.Stat....
...Chapter 88-95 made the Lemon Law more consumer friendly by expanding the reach of Chapter 681 in three ways. First, it provided for an expedited, out-of-court arbitration process to afford consumers the most complete relief. Second, section 9 of Chapter 88-95, rewrote section 681.111 to enlarge the number of Chapter 681 violations that might give rise to a cause of action for an unfair or deceptive trade practice under part II of Chapter 501, Florida Statutes (2000)....
...Section
681.104(2)(a), Florida Statutes (1987), applied where a manufacturer was unable to repair or correct "any default or condition which impairs the use, market value, or safety of the motor vehicle to the consumer." (Italics supplied). [3] Before the passage of Chapter 88-95, Laws of Florida, section
681.111 applied only to a "misrepresentation by a manufacturer as to the existence of an informal dispute settlement mechanism." §
681.111, Fla.Stat. (1987). Chapter 88-95, section 9 broadened the statute to apply to a manufacturer's "violation" of Chapter 681. §
681.111, Fla.Stat....
