You Bought a New Van to Earn Extra Income. Now It's in the Shop Again.
Many Floridians pick up delivery work to bring in extra money. Rideshare packages, food delivery, courier runs. A reliable van is the whole business. So when that brand-new van starts breaking down, the financial hurt goes beyond just transportation. It hits your income, your schedule, and your peace of mind.
Florida's Lemon Law, Chapter 681 of the Florida Statutes, may give you a path to a refund or a replacement vehicle. This post explains how the law works for part-time delivery drivers who purchased or leased a new van in Florida.
Does Florida's Lemon Law Cover Delivery Vans?
The short answer is: it depends on how the vehicle was titled and used.
Chapter 681 covers new and demonstrator motor vehicles sold or leased in Florida. Used vehicles are not covered under this law.
The statute does place some limits on vehicles used primarily for business. Specifically, the law excludes vehicles that weigh more than 10,000 pounds gross vehicle weight, and it limits protection for vehicles titled in a business name or used primarily for business purposes. However, many part-time delivery drivers purchase their van personally, title it in their own name, and use it for both personal and delivery work.
If you bought or leased a new van in your own name and use it for a mix of personal and part-time delivery driving, you may still qualify for Lemon Law protection. The key question is whether the vehicle is primarily used for personal purposes or primarily for commercial ones. Every situation is different, and the facts of how the van is registered and used matter a great deal.
The 24-Month Rights Period
Florida's Lemon Law rights period lasts 24 months from the date of original delivery of the vehicle to the first consumer. This is a firm window. Problems that arise and repair attempts that happen after this period generally fall outside the law's reach.
This is one reason many consumers wait too long and lose their rights. If your van has had the same problem come up again and again, the clock is already running. You can read more about what waiting too long can cost you.
What Counts as a "Lemon" Under Chapter 681?
Not every repair visit qualifies. The defect has to rise to the level of a nonconformity, meaning it must substantially impair the use, value, or safety of the vehicle. Minor nuisances generally do not meet this standard.
Common problems on new vans that may qualify include:
- Engine or transmission failures that recur after repair
- Brake system defects that affect safe driving. You can learn more at brake defects in new cars in Florida.
- Electrical system failures that shut the van down
- Air conditioning failures that make the vehicle unusable in Florida's heat. See AC failure and Florida's Lemon Law.
- Advanced driver assistance system malfunctions that create safety risks. More on that at ADAS safety system defects and lemon law.
The problem does not have to make the van completely undrivable. It just has to substantially affect how you can use it, what it is worth, or whether it is safe to operate.
How Many Repair Attempts Are Required?
The statute sets out two main ways a vehicle may qualify for relief.
Option 1: Three repair attempts for the same problem.
If the manufacturer or its authorized dealer has tried to fix the same nonconformity three times and the problem still exists, the consumer can send a written notice to the manufacturer. This notice is called a Motor Vehicle Defect Notification. It gives the manufacturer one final opportunity to repair the vehicle. If that attempt also fails, the consumer may proceed toward a remedy.
Option 2: Thirty or more cumulative days out of service.
If your van has been out of service for repairs for 30 or more cumulative days during the Lemon Law rights period, that also may qualify. After reaching this threshold, the consumer must provide written notice and give the manufacturer an opportunity to inspect and repair the vehicle.
For reference, the 30-day threshold applies to regular motor vehicles. Recreational vehicles have a different threshold of 60 days.
What Remedies Are Available?
If your van qualifies under Chapter 681, the statute allows for one of two remedies:
- A replacement vehicle of the same or a comparable model, or
- A refund of the purchase price, including collateral charges and finance charges, minus a statutory offset for the consumer's use of the vehicle before the first repair attempt for the nonconformity.
The offset for use is calculated based on a formula in the statute. It accounts for the miles you drove before the problem first came up. So a refund is not necessarily the full purchase price, but it is designed to put the consumer close to whole.
Past results do not predict future outcomes.