Florida Lemon Law Refund Calculator

How the Florida buyback is calculated

Under the Florida Motor Vehicle Warranty Enforcement Act.

• Your refund starts with the full purchase price, which includes the trade-in allowance, and adds all reasonably incurred collateral and incidental charges (§ 681.104(2)(a)). Collateral charges are charges "wholly incurred as a result of the acquisition of the motor vehicle" and include, but are not limited to, manufacturer-installed or agent-installed items or service charges, earned finance charges, sales taxes and title charges (§ 681.102(3)). Incidental charges are reasonable costs "directly caused by the nonconformity" (§ 681.102(7)).
• The statute names one deduction, a "reasonable offset for use": the miles attributable to you up to the date of a settlement agreement or arbitration hearing, whichever occurs first, times the base selling price, divided by 120,000 (60,000 for a recreational vehicle) (§ 681.102(19)). The base price is the price on the purchase invoice, without taxes, government fees and dealer fees, so those are refunded but are not part of the offset base.
• Because the miles are counted to the settlement or hearing, miles you drive while the dispute is open raise the offset. The department's rule says miles driven by the manufacturer or its agent in repairs, reasonable miles to and from the repair facility, and test-drive and hearing miles are not attributable to you (R. 2-30.001(2)(e)), and the Attorney General's guideline also subtracts the mileage at delivery. Enter the odometer at delivery and those other miles and the calculator takes them out of the reading.
• Refunds go to you and the lienholder of record as your interests may appear. For a lease, the lessee receives the lessee cost (the deposit and rental payments paid) and the lessor the lease price less the lessee cost, and no penalty for early termination may be assessed (§ 681.104(2)(b)); for a lease the offset uses the agreed-upon value in the lease (§ 681.102(19)), which the calculator asks for. Options installed by the manufacturer or its agent are refunded as collateral charges but are not part of the base price the offset multiplies.
• If a court upholds a Board decision in your favor, your recovery includes the award, the attorney's fees incurred in obtaining confirmation, costs, and $25 per day for each day beyond the 40 days after the manufacturer received the decision. Separately, if the court finds the manufacturer acted in bad faith in bringing the appeal, it "shall double, and may triple" the total award (§ 681.1095(13)). Neither is included in the estimate.

Florida lemon law: frequently asked questions

How much can I recover under the Florida lemon law?

A refund is the full purchase price plus reasonably incurred collateral and incidental charges, less a reasonable offset for use. For example, on a $35,000 base price with 12,000 miles attributable to you, the offset is $35,000 x 12,000 / 120,000, or $3,500. Your actual number depends on your miles, your price and your documented costs, so treat the calculator result as an estimate.

How does Florida count the miles for the offset?

The offset counts the miles attributable to you up to the date of a settlement agreement or an arbitration hearing, whichever occurs first (§ 681.102(19)), not only the miles at your first repair. Miles you drive while the dispute is open therefore increase the offset, and the department's Consumer Guide tells consumers to keep a record of mileage they believe is not attributable to them.

What is the Florida New Motor Vehicle Arbitration Board?

It is a board of three-member panels, established within the Department of Legal Affairs and appointed by the Attorney General, that hears disputes under the Act. Manufacturers must submit to arbitration when a consumer requests it and the department finds the dispute eligible (§ 681.1095(5)). The department's Consumer Guide says there is no fee for having a case heard by the Board. Before suing, a consumer must first submit the dispute to the department, and to the Board if it is eligible (§ 681.1095(4)).

Who pays the attorney?

In a civil action the court "shall award a consumer who prevails" the amount of any pecuniary loss, litigation costs, reasonable attorney's fees and appropriate equitable relief (§ 681.112(1)). When a court upholds a Board decision, recovery includes the attorney's fees incurred in obtaining confirmation. The sources we hold provide no fee award for the Board hearing itself. A claim a court finds was filed in bad faith makes the consumer liable for the manufacturer's costs and reasonable attorney's fees (§ 681.106).

How long does the manufacturer have to pay?

If the manufacturer cannot conform the vehicle to the warranty after a reasonable number of attempts, it must repurchase and refund, or replace, within 40 days (§ 681.104(2)(a)). After a Board decision for the consumer, it must comply within 40 days after it receives the decision (§ 681.1095(9)).