Florida Lemon Law: How It Protects Car Buyers
The Florida Lemon Law (Chapter 681, Florida Statutes) is a state consumer protection act designed to help buyers who purchase or lease defective new or “demonstrator” vehicles. If your vehicle has a substantial defect that the manufacturer cannot fix after a reasonable number of attempts, the law requires them to either repurchase or replace the vehicle.
This guide explains Florida Lemon Law vehicle buyers rights, how the process works, and what steps you must take to secure a refund or replacement under Florida consumer protection statutes.
What Is the Florida Lemon Law?
The Florida Lemon Law (Motor Vehicle Warranty Enforcement Act) provides a legal remedy for consumers who buy or lease vehicles with “nonconformities.” A nonconformity is defined as a defect or condition that substantially impairs the vehicle’s use, value, or safety.
These protections generally apply to:
- New vehicles purchased or leased in Florida.
- Demonstrator vehicles (demos).
- Transferred vehicles (if transferred to a new owner within the first 24 months of original delivery).
Note: The law does not typically cover used cars unless they fall into the specific “transferred” category mentioned above.
Does My Vehicle Qualify as a Lemon?
Not every mechanical issue makes a car a “Lemon.” To qualify under Florida Lemon Law vehicle buyers rights, the defect must meet specific criteria:
- Substantial Impairment: The issue must seriously affect the safety, value, or use of the car (e.g., engine failure, faulty brakes, repeated stalling). Minor issues like a loose radio knob usually do not qualify.
- Warranty Covered: The defect must be covered by the manufacturer’s express warranty.
- Not Your Fault: The defect cannot be caused by accident, abuse, neglect, or unauthorized modifications.
- Within the Rights Period: The defect must be reported within the Lemon Law Rights Period, which is the first 24 months after the vehicle’s original delivery.
Florida Lemon Law: How It Works
The core of the law revolves around giving the manufacturer a “reasonable number of attempts” to fix the problem. Under Florida law, a vehicle is presumed to be a Lemon if it meets one of the following criteria:
1. The “Three Attempts” Rule
You have taken the vehicle in for repair three times for the same nonconformity, and the problem continues to exist. After the third failed attempt, you must send a written notification to the manufacturer (via certified or express mail) to give them one final repair opportunity.
2. The “Days Out of Service” Rule
The vehicle has been out of service for repair of any nonconformities for a cumulative total of 30 days or more.
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Warning Step: When the vehicle has been out of service for 15 days, you should notify the manufacturer in writing to alert them of the mounting downtime.
Florida Lemon Law New Car Lease Coverage
Many consumers mistakenly believe Lemon Laws only apply to purchased vehicles. However, Florida Lemon Law new car lease coverage is robust. If you lease a new vehicle for more than one year, you are entitled to the same protections as a buyer. If your leased vehicle is deemed a Lemon:
- The manufacturer must refund the “lessee cost” (deposit + rental payments made).
- You may be eligible to have the lease terminated without penalty.
- Alternatively, they may offer a replacement vehicle of comparable value.
Steps to File a Lemon Law Claim in Florida
If you suspect you have a Lemon, follow this checklist to protect your claim:
- Document Everything: Keep all repair orders, invoices, and receipts. Ensure the service advisor accurately writes down your complaint on the repair order.
- Check the Timeline: Verify you are within the 24-month “Lemon Law Rights Period.”
- Send Notice: Once you hit 3 repair attempts or 15 days out of service, send the required Motor Vehicle Defect Notification form to the manufacturer (not the dealer) via certified mail.
- Final Repair Attempt: The manufacturer has 10 days to direct you to a repair facility and then 10 days to fix the car.
- Arbitration or Legal Action: If the final attempt fails, you may proceed to state-certified arbitration or file a lawsuit.
How United Law Group Helps With Consumer Protection Cases
While you can file for arbitration yourself, manufacturers have experienced legal teams fighting to deny claims. At United Law Group, we understand that navigating consumer law disputes can be intimidating.
Whether you are dealing with a defective vehicle, a personal injury claim, or unfair business practices, Jack’s Got Your Back. We can help you navigate the complex notification requirements and ensure you receive the full compensation you are owed whether that is a buyback, a replacement, or a cash settlement.
Frequently Asked Questions
Does Florida Lemon Law apply to used cars?
Generally, no. The law applies to new or demonstrator vehicles. However, if you bought a used car from the original owner within the first 24 months of its original delivery, you may still be covered.
Who pays the attorney fees in a Lemon Law case?
In many Lemon Law cases, if you win, the manufacturer is required to pay your attorney’s fees and costs. This allows consumers to seek legal help without worrying about upfront hourly rates.
What is the “Lemon Law Rights Period” in Florida?
The rights period is 24 months from the date the vehicle was originally delivered to the consumer. You must report the defect within this window.
Does the Lemon Law cover motorcycles or RVs?
The law covers recreational vehicles (RVs) but excludes the “living facilities” (kitchen, bathroom, etc.) of the RV. Motorcycles and mopeds are generally excluded from Florida Lemon Law coverage.
What is a “reasonable offset for use”?
If the manufacturer buys back your car, they are allowed to deduct a fee for the miles you drove the car before the first repair attempt for the defect. This is calculated using a formula based on the purchase price and mileage.
