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Lemon Law Attorneys Florida
Work with the top-rated lemon law attorney in Florida and top consumer protection lawyers in Florida
What Is the Florida Lemon Law?
Florida’s Lemon Law protects consumers who are impacted by defective vehicles. It mainly protects people who buy a new car and then encounter substantial problems that cannot be fixed after several attempts.
By holding manufacturers accountable, the law ensures that Floridians have a pathway to resolve issues with new cars that don’t meet basic standards of quality and reliability.
New Car Lemon Law Scope in Florida: The law applies specifically to new or demonstrator vehicles purchased or leased in Florida. Consumers who purchase or lease a vehicle for personal, family or household reasons are covered by the lemon law as these are new cars (the claim needs to fall within the state lemon law rights period). The law defines the “lemon law rights period” as the 24 months following the vehicle’s original delivery to the consumer.
What about used car lemon law coverage? Does Florida’s lemon law cover used cars? The Florida Lemon Law does not expressly cover used vehicles. Please note: We highlight some potential exceptions under our section below, titled ‘Unique Aspects of Florida’s Lemon Law.’
The Florida lemon law covers new cars, and does not cover vehicles which run on tracks, off-road vehicles, trucks with a gross vehicle weight more than 10,000 pounds, motorcycles, mopeds, or the living facilities of recreational vehicles.
Additional Ineligible Vehicles:
- Commercial vehicles used for business purposes.
- Rental cars or vehicles purchased for resale.
This focus keeps the law targeted on individual consumers rather than fleet or commercial buyers.
The lemon law covers “nonconformities,” defined as any specific defect or condition or combination thereof that substantially impairs the use, market value or safety of the vehicle. The defect and condition must also render the vehicle nonconforming to the warranty.
Problems caused by the consumer’s abuse, neglect, or unauthorized modification or alteration are not covered by the Florida lemon law.
How Does the Florida Lemon Law Work?
How a Vehicle is Classified as a Lemon: A vehicle qualifies if the same defect has been subject to three or more repair attempts within the first 24 months of ownership, or if it has been out of service for a cumulative total of 30 or more days due to repairs during that same period. That duration is extended to 60 days for recreational vehicles. These thresholds ensure that only significant, unresolved issues trigger lemon law protections, not insignificant deficiencies.
Time and Mileage Criteria: Eligibility hinges on timing rather than mileage. The defect must be reported within the first 24 months after the vehicle’s delivery to the original owner or lessee. There’s no specific mileage cap, but the issue must arise during this two-year window, aligning with typical warranty periods. This timeframe gives consumers a reasonable window to identify and address defects. If the consumer notifies the manufacturer or their authorized agent of a nonconformity within the two-year lemon law rights period, the manufacturer must repair the issue.
Please note: The nonconformity repairs must be covered by the manufacturer if they were reported to the manufacturer within the rights period, even if the repairs are made after the expiration of the 24-month term of protection.
Filing a Lemon Law Claim in Florida
Process Overview: Your lemon law lawyers in Florida will help you navigate this process so you have the best opportunity to gain compensation:
Notify the Manufacturer: Send written notice of the defect, giving them one last chance to fix it.
Final Repair Attempt: The manufacturer has 10 days to direct you to a repair facility, which then has 10 days to attempt the repair (45 days for a recreational vehicle).
Arbitration: If the problem persists, file for arbitration either through the manufacturer’s state-certified program (if they have one) or the Florida New Motor Vehicle Arbitration Board.
Before filing a civil action in court under Florida’s lemon law, consumers must try to obtain a resolution through arbitration. You’ll go through either a manufacturer’s state-certified program or the Florida New Motor Vehicle Arbitration Board, overseen by the Department of Legal Affairs. This step streamlines disputes but requires you to act quickly and follow through.
The manufacturer must abide by the decision of the arbitrator, while the consumer does not have to do so. If dissatisfied with the outcome, a consumer can bring civil action in court.
- Lawsuit (if needed): If arbitration fails, you can sue, but only after exhausting arbitration.
This process balances giving manufacturers a fair chance to fix the issue with protecting your rights if they can’t.
Important federal protection: By filing a claim under the Magnuson-Moss Warranty Act, consumers can hire Florida lemon law lawyers who will represent them without the vehicle owner having to pay any lemon law lawyers’ fees directly out of their pocket. This is because the federal Act provides that the vehicle manufacturer shall pay the claimants’ reasonable attorneys’ fees if the claimant prevails against the manufacturer.
Key Deadlines: Timing is critical. You must file for arbitration within 60 days after the 24-month Lemon Law rights period ends (typically 24 months from delivery, plus any repair days). If pursuing a lawsuit, you have one year from the arbitration decision or the end of the rights period.
The Florida Attorney General recommends being proactive in reporting a problem, as delays may cost both time as well and certain rights.
Remedies Under Florida’s Lemon Law
Consumer Options: If your vehicle is deemed a lemon, Florida law offers two main remedies: a replacement vehicle or a full refund. The choice is yours; unlike some states, Florida gives consumers the unconditional right to opt for a refund over a replacement, empowering you to walk away from a defective car entirely.
Remedy Specifics: A refund means a complete reimbursement to the vehicle owner of the full purchase price, trade-in allowance, finance charges, sales tax, and incidental costs like towing or rental fees. For leased vehicles, the refund covers deposits and lease payments. However, the manufacturer can deduct a “reasonable allowance for use,” calculated based on mileage driven before the defect was reported.
A replacement vehicle must be comparable to the original in model and features, ensuring you’re not shortchanged.
Manufacturer Responsibilities: Once a vehicle is ruled a lemon, manufacturers are legally required to provide the chosen remedy—refund or replacement—and cover associated costs. If they delay or act in bad faith, they could face additional penalties.
If you win your claim, the manufacturer is legally obligated to pay your Florida lemon law lawyer fees. They must also pay all legal costs, including court filing fees, fees for expert testimony, and other out-of-pocket expenses.
Settlement Proceeds Details & Paying for Car Loans During the Lemon Law Process
A client can use their settlement proceeds for anything they want after their claim resolves.
Clients remain on the hook for car payments if they financed their vehicle, even when the vehicle is under repair for defects. Clients must continue making their car payments throughout the lifetime of their lemon law claim, as falling behind can negatively affect their claim. Once they receive their settlement funds, they can use those funds to pay off the remainder of their loan and get out from under a nonconforming, defective vehicle.
Potential Remedies Under the Federal Magnuson-Moss Warranty Act
As stated previously, the federal Magnuson-Moss Warranty Act can help you in some situations where state laws may fall short. It allows you to pursue claims for up to 4 years from the date of purchase.
A key provision of the Magnuson-Moss Warranty Act is that it requires manufacturers to pay successful claimants’ attorneys fees.
Unique Aspects of Florida’s Lemon Law
Subsequent owners’ rights during the lemon law rights period: As previously stated, there is no specific Florida used car lemon law. But, the law protects anyone to whom the used car is transferred for the same purposes during the lemon law rights period, and anyone else entitled by the warranty to enforce its obligations.
Florida’s Motor Vehicle Warranty Enforcement Act specifically states subsequent owners may be covered if the used car is transferred during the 24-month “lemon law rights period.”
The Florida Bar states that the fact of a sale of the used car itself during this 24-month rights period doesn’t void the rights.
Florida Lemon Law Representation
Allen Stewart, P.C. provides Florida lemon law representation to safeguard your rights. Whether through settlement discussions, arbitration, or courtroom proceedings, our Florida lemon law lawyers deliver the best opportunity to win your case.
Please contact us as soon as you realize your vehicle might be irreparable. By reaching out as soon as possible, you enable us to review your claim and outline the best course of action.
Thanks to federal law, our clients pay nothing out of pocket, so contact us now (866-440-2460).
Navigating Florida’s Lemon Law
Important points to note: To build a strong case, gather:
- Repair records showing dates, issues, and repair attempts.
- Warranty documents outlining coverage.
- Proof of written notification to the manufacturer.
These documents are your primary evidence, proving the defect’s persistence and your compliance with the process.
State-Specific Resources: Florida offers solid support for lemon law claimants:
- Florida Attorney General’s Office: How The Florida Lemon Law Works.
- Florida Lemon Law Hotline (1-800-321-5366): A toll-free resource for questions and next steps.
Florida Lemon Law FAQs
Why should I consider hiring a Lemon Law attorney in Florida? -
Allen Stewart, attorney and owner of Allen Stewart P.C., says a consumer with an attorney backing them has an advocate throughout the claims process. They have someone on their side working for them and their best interests, who knows how the laws work and how various rules and regulations affect their claim.
“A consumer with a lawyer has someone who knows when they’re being bamboozled,” Stewart said. “Someone who knows when what that company just said isn’t the law, or the truth, or equitable. The consumer with the lawyer has an advocate that has seen many other people in like circumstances and knows what the appropriate standard of care and compensation should be.
Does Florida have a Lemon Law for vehicles? +
Florida’s lemon law is known as the Motor Vehicle Warranty Enforcement Act. It covers cars and trucks sold in Florida to transport persons or property.
How does the Lemon Law function in Florida? +
The Florida lemon law covers “nonconformities,” defined as any specific defect or condition or combination thereof that impairs the use, market value or safety of the vehicle. It protects the vehicle’s purchaser or anyone to whom the vehicle is transferred during the 24 months following its original delivery to the consumer. Any defects found within that time period that are not caused by the consumer themselves must be repaired by the manufacturer.
Are leased vehicles protected under Florida's Lemon Law? +
Leased vehicles are covered by the Florida lemon law.
Are used cars eligible for Florida Lemon Law protection? +
No. The Florida lemon law excludes used cars unless they are still covered by the original manufacturer’s warranty.
Do Florida Lemon Laws apply to certified pre-owned vehicles? +
Not unless they are still covered by their original manufacturer’s warranty.
What is the timeframe for pursuing a Lemon Law case in Florida? +
Using the Florida lemon law, consumers have two years and 60 days to file a claim. Florida residents have four years, however, to file a claim under the federal Magnuson-Moss Warranty Act.
Is the Lemon Law applicable to private vehicle sales in Florida? +
Florida’s lemon law requires an original manufacturer’s warranty still be in effect.
Are salvage vehicles included in the Florida Lemon Law? +
No. Salvage vehicles are considered “totaled” by an insurance company and their warranties are voided.
Are vehicle recalls considered defects under the Florida Lemon Law? +
Yes.
How is a refund calculated under the Florida Lemon Law? +
The Florida lemon law requires manufacturers that repurchase defective vehicles pay the consumer the vehicle’s full purchase price including trade-in allowances, collateral charges including sales taxes and title charges, service charges, finance charges and “reasonably incurred incidental charges.” The manufacturer can deduct from this amount a “reasonable offset for the vehicle’s use” depending on miles driven before the arbitration hearing.
What is the process for filing a Lemon Law claim in Florida? +
The first step should always be contacting a qualified, experienced lemon law attorney. The attorneys of Allen Stewart P.C. know how to get your claim started and guide it to a successful conclusion.
Which documents are required to prove my vehicle is a lemon in Florida? +
As with a claim in any state, please gather all documents received when you bought the vehicle. You should also gather all records pertaining to any repairs done to your vehicle.