Outcomes
What compensation can you receive?
Money or a car, and the choice is yours
A car that survives a reasonable number of repair attempts with the defect intact triggers section 681.104(2)(a). The manufacturer then has 40 days to take the car back and return the purchase price, or swap it for a vehicle you're willing to accept, with the reasonable side costs you paid on top either way. Florida calls the owner's right to insist on money unconditional. A replacement has to be identical or reasonably equivalent, which section 681.102(21) caps at 105 percent of the original's sticker price.
The refund is split between you and your lender as your interests appear, so in practice the loan is paid off and you get back what you put in. A leased car is unwound the same way: your deposit and payments come back to you, the leasing company is paid the balance, and no early termination penalty applies.
How the offset is worked out
Refund or replacement, you pay for the miles you used. The formula is in section 681.102(19), and the Attorney General's remedy guideline shows how the Board applies it:
- Take the base selling price from the invoice, without taxes, government fees or dealer fees. On a lease, use the agreed value in the lease, less any manufacturer rebate.
- Multiply by the miles you drove, up to a settlement or the hearing, whichever comes first.
- Divide the result by 120,000. For a recreational vehicle the divisor is 60,000.
A car with a $36,000 base price and 15,000 of your own miles carries a $4,500 offset. That only holds if the miles are yours. The guideline takes off delivery mileage, the dealer's test drives during repairs, the manufacturer's test drives at its inspection, and test drives by a program's inspectors or the Board. A manufacturer rebate paid toward your down payment usually isn't refunded, but it can reduce the offset.
What builds your side of the refund
With a car loan, it's what left your pocket: money down, each installment so far with its interest, extras you paid for separately like tint or a service contract, and your trade credit. Subtract the use charge, then add the costs the defect caused you, from tow bills and rentals to postage and repair invoices. If the dealer inflated your trade-in to absorb money you still owed on it, the Board may use the NADA Southeastern retail value less that debt, and the result can be negative.
Legal fees shift to the manufacturer when a consumer wins a Chapter 681 lawsuit, since section 681.112(1) makes the award mandatory, and when a manufacturer's appeal of a Board award fails, under section 681.1095(13). Our qualifying cases are taken on contingency. And a Florida buyback carries a mark: under section 681.114, it can't be resold without clear disclosure of the defect, and the manufacturer must warrant the fix for 1 year or 12,000 miles.