The Florida Lemon Law

Florida's Motor Vehicle Warranty Enforcement Act, codified at Chapter 681 of the Florida Statutes, is one of the strongest consumer protection laws in the country. It exists for a simple reason: when a consumer pays for a new vehicle, the vehicle should work. If it doesn't — and the manufacturer can't fix it after a reasonable number of attempts — Florida law requires the manufacturer to either replace the vehicle or refund the purchase price.

This page walks through how the Florida Lemon Law actually works: what vehicles qualify, how the presumption of "nonconformity" is triggered, what you can recover, and the procedural steps required before a consumer can pursue a buyback or replacement. If after reading this you believe your vehicle may qualify, request a free case review.

What Vehicles Are Covered

The Florida Lemon Law applies to any "motor vehicle" sold or leased in Florida — including cars, SUVs, light trucks, vans, and demonstrator vehicles — as long as the vehicle is new and was purchased or leased primarily for personal, family, or household use. Leased vehicles are covered if the lease term is one year or more.

The statute excludes certain vehicles: used cars, trucks with a gross vehicle weight rating (GVWR) over 10,000 pounds, off-road vehicles, motorcycles, mopeds, and the living facilities portion of a recreational vehicle. Our practice is focused exclusively on new passenger vehicles — primarily luxury and electric vehicles — that fall squarely within the statute.

The Lemon Law Rights Period: 24 Months

Florida's Lemon Law Rights Period is 24 months from the date the vehicle is originally delivered to the first consumer. This is a strict window. To preserve your rights, the defect must first be reported to the manufacturer or authorized dealer within this 24-month period. This is not the same as the manufacturer's warranty period — it is the statutory window during which Florida's protections apply.

If you believe your vehicle may qualify, time is critical. Repair orders, final repair opportunities, and pre-suit notices all have to happen within a workable timeline. Waiting until the 23rd month to call an attorney often forecloses meaningful options. The firm accepts cases on contingency, so there is no cost to have a matter evaluated early.

What Counts as a "Nonconformity"

The Florida Lemon Law does not apply to every defect. It applies to a "nonconformity" — defined in § 681.102(16) as a defect or condition that substantially impairs the use, value, or safety of the vehicle. Minor annoyances and ordinary wear items do not qualify. Major mechanical, electrical, safety, or drivetrain defects almost always do.

Examples of defects our firm has seen qualify as nonconformities:

• Engine, transmission, or drivetrain failures that require multiple repairs
• Recurring stalling, hesitation, or no-start conditions
• Electrical system failures, warning lights that won't clear, and safety system malfunctions
• Battery, charging, and range issues in electric vehicles
• Advanced driver assistance system (ADAS) failures — lane keeping, adaptive cruise, emergency braking
• Recurring software glitches that affect drivability, displays, or infotainment systems integral to the vehicle
• Braking, steering, or suspension defects
• Water leaks, persistent interior flooding, or HVAC failures
• Air suspension failures (common in luxury SUVs)

The question is not whether a defect is inconvenient — it's whether a reasonable person would consider the defect significant enough to impair the vehicle's use, value, or safety. In practice, any defect the dealer has tried and failed to fix multiple times is almost certainly serious enough to qualify.

The Presumption: Three Attempts or 15 Days

Florida Lemon Law creates a legal presumption that the manufacturer has had a "reasonable number of attempts" to repair a nonconformity when either of the following occurs within the Lemon Law Rights Period:

• Three or more repair attempts for the same nonconformity, and the defect continues to exist; or
• The vehicle has been out of service for 15 or more cumulative days because of repairs for one or more nonconformities.

Once either threshold is met, the burden effectively shifts to the manufacturer. The consumer still has to provide the manufacturer with one final written repair opportunity — but if that also fails, the consumer is entitled to a refund or replacement.

The Final Repair Opportunity

Before a consumer can demand a buyback, Florida law requires written notice to the manufacturer providing one final chance to repair the vehicle. The notice must be sent by certified mail, return receipt requested, and the manufacturer then has a limited window to inspect and attempt the repair. This is a critical procedural step — and it's where many self-represented consumers lose ground by filing incorrectly or skipping notice altogether. When our firm takes a case, we handle the statutory notice correctly the first time.

What You Can Recover

If the manufacturer cannot (or will not) fix the vehicle, the consumer is entitled under § 681.104 to elect between:

• Replacement with a comparable new motor vehicle acceptable to the consumer; or
• Refund of the full purchase price — including trade-in value, options, taxes, title and registration fees, finance charges, and incidental damages — minus a reasonable offset for use.

The reasonable offset for use is calculated based on mileage at the time the defect was first reported, not at the time of final judgment. It is generally a modest figure relative to the total recovery, particularly for vehicles whose defects appeared early in ownership.

Attorney Fees and the Statutory Framework

Florida Lemon Law cases are economically viable for consumers in part because of Fla. Stat. § 681.112(2), which provides that a prevailing consumer may recover reasonable attorney fees and costs from the manufacturer. That statutory framework is what makes a contingency practice in this area possible.

We take these cases on pure contingency: no retainer, no out-of-pocket cost. If we don't recover for you, you owe us nothing. The specific fee arrangement is set out in writing in our engagement agreement before any case begins.

Arbitration: BBB AUTO LINE and the Florida New Motor Vehicle Arbitration Board

Many manufacturers participate in a state-certified arbitration program — most commonly BBB AUTO LINE. Florida law generally requires consumers to exhaust that program before filing a civil action (§ 681.1095, § 681.108). For manufacturers without a certified program, claims proceed through the Florida New Motor Vehicle Arbitration Board, which is administered through the Department of Agriculture and Consumer Services.

Arbitration is often faster than court, but the outcome depends heavily on preparation — documentation, expert analysis, and a clear presentation of the repair history. If the arbitration outcome is unsatisfactory, Florida law permits a trial de novo in civil court.

What to Do If You Think Your Car Is a Lemon

If you suspect your new vehicle qualifies under the Florida Lemon Law, the single most important thing you can do is document everything:

• Keep every repair order, service invoice, and dealership paperwork — even handwritten notes
• Note the mileage at each repair visit and the dates the vehicle was in the shop
• Save text messages, emails, and voicemails from the dealer or manufacturer
• Do not sign any release, repair authorization, or settlement document without legal review
• Continue driving the vehicle normally — you are not required to surrender it during the case

Then call us. The evaluation is free, the engagement is contingency, and there is no risk to finding out whether you have a claim.