The Remedy Calculation Guideline assists consumers in estimating the amount a consumer might recover if a refund or a replacement motor vehicle is awarded under the Lemon Law.
We recommend visiting the Florida State Attorney General’s website for more detailed information on the Florida Lemon Law Remedy Calculation Guidelines.
The summarized information below is meant to be a guide only. It doesn’t represent any form of guarantee or right to any relief under the Florida Lemon Law. And doesn’t apply to every situation as remedies under the Lemon Law are determined by the New Motor Vehicle Arbitration Board on an individual case basis or by some other agreed upon method between the consumer and manufacturer.
Under the Florida Lemon Law, when a settlement is agreed to between the consumer and the manufacturer or an arbitration hearing has taken place, the consumer is responsible for the mileage put on their vehicle from the time of delivery from purchase to the settlement or arbitration hearing date. This “responsibility” can take the form of either a reduction from any cash awarded to the consumer or a payment to the manufacturer if a replacement vehicle was awarded to the consumer.
The general formula for calculating this consumer offset is as follows:
The purchase price X mileage ascribed to the consumer’s use / 120,000 (60,000 if the vehicle is a RV)
Please keep in mind that there are detailed criteria that need to be factored in when determining the final purchase price and mileage for the above equation. Here are two estimated examples:
(non-RV): If your purchase price was $28,000.00 and your mileage at the applicable date was 10,000 miles, your offset would be $2,333.33.
(RV): If your purchase price was $50,000.00 and your mileage at the applicable date was 15,000 miles, your offset would be $12,500.00.
Again, we’d like to recommend visiting the Florida Attorney General’s website due to the numerous, detailed bits and pieces that need to be taken into account surrounding the remedy calculation guidelines. For example, on the Florida Attorney General’s website you’ll find more information on the following related items:
- Seeking a refund and you financed the purchase of the vehicle
- Trade in allowances
- If the vehicle was leased
- If you paid cash
- Seeking a replacement vehicle