Recalde Lemon Law

The Florida New Motor Vehicle Arbitration Board: How State Arbitration Works

Process & RightsMay 6, 20266 min read

When a Florida lemon dispute does not settle, it does not usually start in a courtroom. It goes to a state forum built for exactly this fight: the Florida New Motor Vehicle Arbitration Board. The board hears Lemon Law cases quickly, without a filing fee, and its decisions carry real enforcement teeth.

This guide explains how the board works, how a case reaches it, and what it can order.

What the board is

The New Motor Vehicle Arbitration Board is created by section 681.109 of the Florida Statutes and administered through the Florida Attorney General's office. Board members are volunteers with relevant backgrounds, and panels typically include a member with technical automotive knowledge. The board's only job is deciding whether vehicles qualify for relief under Chapter 681, which makes it a far more focused forum than a court of general jurisdiction.

There is no filing fee to request arbitration, and the process was designed so consumers can navigate it without procedural training. The forms are plain-language, the state publishes guidance alongside them, and the schedule is set by statute rather than by crowded court dockets.

How a case reaches the board

A consumer starts by filing a Request for Arbitration on the state's form. The request is screened for eligibility by the state before the board ever sees it: the screening looks at whether the vehicle is covered, whether the repair attempt or days out of service triggers were met, whether the defect notification was sent properly, and whether the request is timely.

Timing matters here. A request generally must be filed within 60 days after the expiration of the Lemon Law Rights Period, or within 30 days after the final action of a certified manufacturer dispute program, whichever is later. The rights period itself is explained in the 24-month rights period guide.

One detour can apply first. If the manufacturer runs a state-certified informal dispute settlement procedure, the consumer must complete that program before the state board takes the case. How those programs work is covered in the certified programs guide.

What happens after acceptance

Once a dispute is approved for arbitration, the schedule moves quickly compared to ordinary litigation. The board generally hears the dispute within about 40 days of approval, and decisions follow shortly after the hearing.

Hearings are held around the state and are deliberately informal. Both sides present their story: the consumer describes the defect and the repair history, the manufacturer responds, board members ask questions, and in many cases the board inspects or rides in the vehicle. There is no jury, and the rules of evidence are relaxed. What to expect in the room is described in the arbitration hearing guide.

What the board can order

If the board finds the vehicle qualifies, it orders the remedy the statute provides: repurchase or replacement, at the consumer's option. A repurchase award covers the purchase price, collateral charges, and paid finance charges, minus the statutory offset for use. A replacement award provides a comparable new vehicle plus reasonably incurred collateral charges.

The manufacturer must comply with an award within 40 days of receiving it. Compliance is not optional. A manufacturer that fails to comply on time exposes itself to additional consequences, and the Attorney General's office tracks compliance.

Appeals are limited

Either side may appeal a board decision to circuit court within 30 days, where the case is heard fresh. In practice, manufacturer appeals are uncommon, and the statute discourages weak ones: a manufacturer that loses an appeal can face additional damages if the appeal was brought without a reasonable basis. For most consumers, the board's decision is the practical end of the road, which is exactly what the legislature intended when it built a forum this fast.

The board versus a lawsuit

Chapter 681 also allows civil actions, and some cases belong in court rather than arbitration, particularly where federal warranty claims under the Magnuson-Moss Warranty Act run alongside the state claim. Florida law allows a consumer who prevails in a civil action under the chapter to recover attorney fees from the manufacturer. If there is no recovery, you owe us no attorney fee. Court costs and expenses may apply and are explained in writing before we begin.

The choice between forums is strategic, and it depends on the defect, the record, and what the manufacturer has offered so far.

Where this leaves you

The arbitration board exists so that Florida consumers do not need years and a courtroom to resolve a lemon dispute. A clean record and a properly built request put the process to work the way the legislature intended. For a quick read on whether your case is board-ready, the free case check at the Recalde client portal takes about two minutes, or call (305) 792-9100. Se habla español.

This article is general information about Florida law, not legal advice about your situation. Attorney advertising.