The Motor Vehicle Warranty Enforcement Act

In the state of Florida, unfair and deceptive trade practices are prohibited, and with the aid of a good attorney, will not be tolerated.

Any unfair and unethical trade practices seeking to deceive or take advantage of consumers is protected by The Florida Deceptive and Unfair Trade Practices Act (FDUTPA). This includes false advertising, a misleading sales pitch, failing to disclose important information about a product or services, and any other dishonest conduct aiming to cause injury to consumers.

Is your new vehicle constantly breaking down? Do you feel you have been cheated? Have you serviced your vehicle over and over for the same issue? If this sounds familiar to you, it may be time to act. Do not settle for a “lemon.” You have rights. 

HOW THE FLORIDA LEMON LAW WORKS

A “lemon car” is a vehicle that contains significant defects that substantially impair its use, safety, or value, and that the manufacturer has been unable to repair. These defects must be serious in nature and cannot be minor inconveniences or cosmetic issues. To qualify as a lemon, the vehicle must be covered by a warranty, used primarily for personal purposes, and subjected to a reasonable number of repair attempts by the manufacturer or an authorized dealer.

Under the Lemon Law, consumers are protected during what is known as the “Lemon Law Rights Period,” which is defined as the first 24 months after a consumer takes delivery of a motor vehicle. If, during this period, the manufacturer is unable to meet the obligations promised under the written warranty after a reasonable number of attempts to repair the defect, the law requires the manufacturer to either repurchase the defective vehicle and refund the purchase price or provide a replacement vehicle.

Proper documentation is critical in establishing a valid Lemon Law claim. Consumers should keep thorough records of all repair visits, service invoices, and communications with the dealer or manufacturer. Detailed documentation strengthens the claim and significantly increases the likelihood of a successful outcome if legal action becomes necessary.

The Lemon Law covers major mechanical failures and safety-related defects that affect the vehicle’s performance, reliability, or safety. However, it does not cover minor issues or problems caused by unauthorized modifications, abuse, neglect, or accidents. Understanding what is and is not covered is essential when evaluating whether a vehicle qualifies as a lemon.

To determine whether a vehicle qualifies as a lemon, several key factors must be met. The defect must occur within the first 24 months of purchase or lease, and the law applies to new and demonstrator vehicles covered by a written factory warranty. The defect must substantially impair the vehicle’s use, value, or safety. Consumers should gather all purchase documents, warranty information, and detailed repair records, including dates of service and descriptions of the reported issues or repairs performed.

Once the same defect has been repaired three times without success, or if the vehicle has been out of service for a cumulative total of 15 days, the consumer must notify the manufacturer in writing. This notification must be sent directly to the manufacturer—not the dealer—using certified, registered, or express mail to establish proof of delivery. This step provides the manufacturer with a final opportunity to correct the defect.

If the manufacturer fails to repair the vehicle after receiving written notice, the consumer may escalate the claim. At this stage, working with an attorney can help navigate the legal process and negotiate a vehicle replacement or refund. Taking timely action can prevent unnecessary stress and help consumers assert their rights effectively under the Lemon Law.

Frequently Asked questions

What is Florida’s Lemon Law?

Florida’s Lemon Law (Florida Statutes Chapter 681) protects consumers who purchase or lease new motor vehicles that have serious defects which the manufacturer cannot fix after a reasonable number of attempts. If the vehicle qualifies as a “lemon,” the consumer may be entitled to a refund or a replacement vehicle.

What vehicles are covered?

The law generally covers new or demonstrator vehicles purchased or leased in Florida for personal, family, or household use. It also applies to certain recreational vehicles, but only the motorized portion. Motorcycles, mopeds, trucks over 10,000 pounds, and vehicles used primarily for business are usually excluded.

What kinds of problems qualify?

The defect must substantially impair the vehicle’s use, value, or safety. Common qualifying issues include engine failure, transmission problems, electrical system failures, steering or braking defects, stalling, or repeated no-start conditions. Minor annoyances or cosmetic issues typically do not qualify.

How many repair attempts are required?

A vehicle may qualify if the same defect has been subject to three repair attempts without success, or if the vehicle has been out of service for repairs for a cumulative total of 15 or more days during the first 24 months after delivery. For defects that could cause serious injury or death, only one unsuccessful repair attempt may be enough.

Is there a time or mileage limit?

Yes. The problem must occur and be reported within the first 24 months after the vehicle’s original delivery to the consumer. Mileage does not automatically disqualify a claim, but the timing is critical.

Do I have to give the manufacturer a final chance to fix the vehicle?

Yes. Before filing a Lemon Law claim, the consumer must send the manufacturer a written “Motor Vehicle Defect Notification” giving them one final repair opportunity. This step is mandatory and often where claims fail if skipped.

What compensation can I receive?

If the claim is successful, the consumer may receive either a refund or a replacement vehicle. A refund typically includes the purchase price, sales tax, registration fees, and certain finance charges, minus a small usage offset based on mileage before the first repair attempt.

Do I need a lawyer?

A lawyer is not required, but many consumers choose to work with one because Lemon Law cases involve strict deadlines, documentation requirements, and manufacturer defenses. In many cases, attorney’s fees are paid by the manufacturer if the consumer prevails.

What if the manufacturer denies my claim?

If the manufacturer denies the claim, the consumer may file for arbitration through the Florida New Motor Vehicle Arbitration Board. This is a state-run program designed to resolve Lemon Law disputes without going to court.

Does Lemon Law apply to used vehicles?

Generally, no. Florida’s Lemon Law applies to new vehicles. However, used-car buyers may still have rights under warranty law, the Magnuson-Moss Warranty Act, or Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA).

What mistakes do people commonly make?

The most common mistakes include missing the 24-month deadline, failing to provide written notice to the manufacturer, not keeping repair records, or assuming the dealer (instead of the manufacturer) is legally responsible.