Buying a Used Car in Florida

Before buying a used car in Florida, you should understand that most used vehicles are sold “AS-IS,” meaning once you sign the contract, you are generally responsible for any repairs unless a written warranty applies. When purchasing from a dealer, federal law requires a Buyers Guide under rules enforced by the Federal Trade Commission, which will clearly state whether the vehicle comes with a warranty or is being sold without one. Florida’s Florida Motor Vehicle Warranty Enforcement Act (the state Lemon Law) primarily applies to new vehicles and rarely protects used car buyers unless the vehicle is still within the original manufacturer’s warranty period. However, consumers are still protected from fraud and deceptive practices under the Florida Deceptive and Unfair Trade Practices Act, which makes it illegal for sellers to misrepresent a vehicle’s condition, history, or title status.

Before completing a purchase, you should have the vehicle independently inspected by a trusted mechanic, obtain a vehicle history report to check for prior accidents or title branding (such as salvage or rebuilt status), verify that the VIN on the vehicle matches the title, and carefully review all financing and warranty documents before signing. Make sure any promises about repairs, included warranties, or return policies are put in writing, as verbal statements are difficult to enforce. Taking these precautions can significantly reduce the risk of unexpected repair costs or legal disputes after the sale.

Florida does not have a broad used-car lemon law. The Florida Motor Vehicle Warranty Enforcement Act (Florida Lemon Law) primarily applies to new vehicles and only covers used vehicles in very limited circumstances when they are still within the original manufacturer’s warranty and rights period.

You still have the right to pursue a claim if the seller commits fraud, such as knowingly hiding serious defects or misrepresenting the title.

To protect yourself, Florida buyers should always:
• Get a pre-purchase inspection by an independent mechanic.
• Obtain a vehicle history report.
• Carefully review the title for branding (salvage, rebuilt, etc.).
• Ensure all promises are in writing.
• Keep copies of all documents.

If problems arise, complaints can be filed with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) or the Florida Attorney General's Office, and legal action may be available if fraud or warranty violations occurred.

Advice for Tenants

The best advice for Florida tenants involved in a dispute with their landlord is to stay organized, act promptly, and understand their rights under the Florida Residential Landlord and Tenant Act. This law governs most residential rental relationships in Florida and outlines the duties of both landlords and tenants. Before taking action, carefully review your written lease agreement along with the applicable statutes to determine what the contract requires and whether the landlord has violated a legal obligation, such as failing to maintain the premises in habitable condition or improperly withholding a security deposit.

Documentation is critical. Keep copies of your lease, payment receipts, repair requests, photos or videos of property conditions, and all written communications. If repairs are needed, Florida law generally requires tenants to provide written notice giving the landlord a reasonable opportunity—often seven days—to correct the issue before further legal remedies are available. Verbal complaints are not enough; written notice creates a record that can protect you if the dispute escalates.

Tenants should also avoid common mistakes, such as withholding rent without following proper statutory procedures. Improperly withholding rent can result in eviction, even if the landlord is at fault. If you believe rent withholding is justified due to serious repair issues, you must strictly comply with statutory notice requirements and be prepared to deposit rent into the court registry if an eviction is filed.

If the dispute involves eviction, security deposits, habitability issues, or retaliation, seek legal advice as early as possible. Florida eviction cases move quickly, and tenants often have only five days to respond to a lawsuit. An attorney or local legal aid organization can help ensure deadlines are met and defenses are properly raised.

Ultimately, the strongest position for a tenant in a Florida landlord dispute is one supported by written notice, detailed documentation, timely action, and a clear understanding of legal obligations. Acting strategically rather than emotionally can make a significant difference in protecting your housing and financial stability.

HOA Disputes What to Know

The best advice for handling HOA disputes in Florida is to approach the situation strategically, calmly, and with a clear understanding of your legal rights and obligations. Homeowners’ associations in Florida are governed primarily by Florida Homeowners' Association Act, which outlines both the powers of the association and the protections afforded to homeowners. Before taking action, carefully review your association’s declaration of covenants, bylaws, and rules, as well as the relevant statutes, to determine whether the HOA is acting within its authority. Many disputes arise from misunderstandings of governing documents, selective enforcement, or improper notice procedures.

Communication should be your first step. Put all concerns in writing and request clarification or documentation supporting the HOA’s position. Keeping detailed records of letters, emails, violation notices, meeting minutes, and payments is essential if the matter escalates. If fines are involved, remember that Florida law requires proper notice and an opportunity for a hearing before an independent committee before a fine can be imposed. Failure to follow statutory procedures can invalidate enforcement actions.

If informal efforts do not resolve the issue, Florida law often requires pre-suit mediation before litigation in certain HOA disputes. Mediation can be a cost-effective way to reach a resolution without the expense of court. However, if the HOA is acting arbitrarily, exceeding its authority, breaching fiduciary duties, or failing to maintain common areas, consulting an attorney experienced in Florida HOA law can help you assess whether you have grounds for legal action or injunctive relief.

Most importantly, avoid withholding assessments without legal advice, as this can trigger liens and foreclosure proceedings. Even when you believe the HOA is wrong, unpaid dues can quickly complicate your position. A strategic, documented, and legally informed approach is typically the most effective way to resolve HOA disputes in Florida while protecting your property and financial interests.

What to Know About Estate Planning

An estate planning attorney plays a critical role in protecting your assets, your family, and your wishes under Florida law. Because Florida has specific statutes governing wills, trusts, probate, homestead property, and spousal rights, working with an attorney who understands these rules helps ensure your estate plan is legally valid and properly structured.

First, Florida has strict execution requirements for a valid will under the Florida Probate Code. A will must be properly signed and witnessed, and even small mistakes can render it invalid. An experienced estate planning attorney ensures your documents comply with Florida law so your estate does not end up in unnecessary litigation or default intestate distribution.

Second, Florida’s unique homestead protections—found in the Florida Constitution—can significantly affect how your primary residence may be devised. If not handled properly, a homestead transfer can unintentionally disinherit beneficiaries or create title complications. An attorney ensures your plan complies with these constitutional restrictions.

Third, estate planning attorneys help minimize probate complications. Probate in Florida can be time-consuming and costly if assets are not properly titled or if disputes arise. An attorney can recommend strategies such as revocable living trusts, enhanced life estate deeds (Lady Bird deeds), or proper beneficiary designations to reduce or avoid probate where appropriate.

Fourth, Florida has specific rules regarding spousal elective share rights, creditor protection, and asset protection planning. An attorney can advise on how to structure your estate plan to protect assets from creditors, preserve family wealth, and address blended family situations.

Finally, estate planning is not just about death—it also includes incapacity planning. Florida requires properly drafted durable powers of attorney and health care surrogate designations to ensure someone can manage your financial and medical affairs if you become incapacitated. Without these documents, your family may be forced to seek a court-supervised guardianship.

In short, a Florida estate planning attorney ensures your documents are legally sound, your assets are protected, probate is minimized, and your loved ones are spared unnecessary stress and expense.

Tips for Navigating Florida's Lemon Car Laws

Getting your vehicle declared a lemon under Florida law requires careful documentation, strict compliance with deadlines, and following the correct procedure under the Florida Motor Vehicle Warranty Enforcement Act. Here are practical tips to strengthen your claim and improve your chances of success:

Florida’s Lemon Law generally applies to new or demonstrator vehicles purchased or leased in Florida for personal, family, or household use. The defect must substantially impair the vehicle’s use, value, or safety, and it must arise during the first 24 months after delivery. Start by confirming your vehicle qualifies under the statute before moving forward.

Keep meticulous records from day one. Save all repair orders, invoices, dealership notes, towing receipts, and correspondence. Each repair visit should clearly describe your complaint in writing—avoid vague statements like “check vehicle.” Instead, specify the exact issue (e.g., “vehicle stalls while driving at highway speed” or “loss of power steering while turning”). The wording on the repair order matters because it establishes the defect history.

Give the manufacturer a reasonable number of repair attempts. In most cases, this means three repair attempts for the same defect, or at least 15 cumulative days out of service for one or more defects during the Lemon Law rights period. However, serious safety defects may qualify with fewer attempts. Make sure repairs are performed by an authorized dealership—not an independent mechanic—or they may not count toward your claim.

Send a Motor Vehicle Defect Notification (MVDN) letter if required. Before filing a formal Lemon Law claim, Florida typically requires you to give the manufacturer one final opportunity to repair the defect. This must be done by certified mail to the address listed in your warranty booklet. Keep proof of mailing and delivery. The manufacturer then has 10 days to respond and 10 days to repair.

Act within the time limits. A Lemon Law arbitration request must generally be filed within 60 days after the expiration of the Lemon Law rights period (the first 24 months). Missing this deadline can bar your claim entirely. Timing is critical.

Avoid modifying the vehicle. Aftermarket alterations, performance tuning, or unauthorized repairs can give the manufacturer grounds to argue the defect was caused by owner modification. Keep the vehicle in original condition while pursuing your claim.

Be consistent in your complaints. If the issue is intermittent, report it every time it happens. Gaps in complaints or inconsistent descriptions can weaken your case. Even if the dealership says they “cannot duplicate the concern,” make sure your complaint is documented.

Consider whether the defect substantially impairs use, value, or safety. Minor cosmetic issues typically do not qualify. Problems involving stalling, braking, steering, transmission failure, electrical shutdowns, or repeated no-start conditions are more likely to meet the statutory standard.

Finally, understand that Florida’s Lemon Law process usually involves state-run arbitration before filing a lawsuit. The arbitration board can order a repurchase or replacement if your claim is successful. Because manufacturers often contest these claims aggressively, many consumers benefit from consulting an attorney experienced in Florida Lemon Law cases—especially if the vehicle has serious safety defects or repeated failed repair attempts.

If handled properly and within deadlines, Florida’s Lemon Law can result in a refund (minus a mileage offset) or a comparable replacement vehicle. The key is documentation, persistence, and strict compliance with the statutory process.