Engine replacements and back-ordered parts can keep a new truck at the dealership for two or three months. Under Florida law, long downtime alone can create a presumption that the vehicle is a lemon, even if it is eventually fixed.

How the 30-Day Rule Works

  • Cumulative days. The days add up across visits during the 24-month rights period. Ten days in one visit and 21 in another make 31.
  • Calendar days. Weekends and holidays count while the vehicle is at the dealer for repair.
  • One or more defects. Different problems can combine to reach 30 days.
  • Routine maintenance doesn't count. Oil changes and tire rotations are excluded.

The 15-Day Notice

Florida requires written notice to the manufacturer once the vehicle has been out of service for repair for a cumulative 15 or more days, sent by registered or express mail to the address in the owner's manual. The manufacturer then must have had at least one chance to inspect or repair the vehicle. If you are already past 30 days without sending notice, send it now and call us.

What to Do While You Wait

  • Keep making loan or lease payments.
  • Get a repair order for each visit, showing the date in. Ask for an "open" RO if the truck is still there.
  • Save loaner or rental agreements and texts from the service advisor.
  • Don't sign a trade-in or a "goodwill" deal before reviewing your rights. See goodwill buyback warning.

How Florida's Lemon Law Applies

Florida's Motor Vehicle Warranty Enforcement Act (Fla. Stat. ch. 681) covers new vehicles bought or leased in Florida and used primarily for personal, family, or household purposes. The key rules:

  • 24-month Lemon Law Rights Period, measured from the date the vehicle was first delivered to the consumer.
  • A presumption that the vehicle is a lemon if, during that period, the same defect has been through 3 or more repair attempts and still exists (after the manufacturer's final repair attempt), or the vehicle has been out of service for repair of one or more defects for a cumulative 30 or more days.
  • Written notice to the manufacturer, sent by registered or express mail, is required before the presumption can be used. The manufacturer then gets a final repair attempt.
  • Remedy: a repurchase (refund) or a comparable replacement vehicle, less a reasonable offset for use. The consumer may choose the refund.
  • Exclusions: trucks over 10,000 pounds gross vehicle weight, off-road vehicles, and motorcycles are not covered.

See our Florida Lemon Law overview and how many repair attempts for more detail.

Heavy-Duty Trucks: The 10,000-Pound GVWR Rule

Florida's Lemon Law excludes "trucks over 10,000 pounds gross vehicle weight." Light-duty 1500 pickups are well under that line. Many 2500HD and 3500HD configurations are over it, and some are close to it, so coverage depends on the specific truck.

Check the GVWR printed on the certification label in the driver's door jamb. If it is 10,000 pounds or less, the truck may be covered. If it is higher, Chapter 681 likely does not apply, though other warranty remedies (such as the federal Magnuson-Moss Warranty Act) may still be available. Send us a photo of the label and we'll tell you where you stand.

Work Trucks and Business Use

The law protects vehicles used primarily for personal, family, or household purposes. A truck you also use for some work can still qualify, but a vehicle bought and used mainly for a business may not. Tell us how you use the truck during the case review.

Documents to Gather

  • Every repair order (RO), with dates in and out, mileage, your complaint, and what the dealer did
  • Your purchase or lease contract and window sticker
  • Any written notice you sent to the manufacturer, and proof of registered or express mail delivery
  • Loaner or rental agreements (they help prove days out of service)
  • Recall and bulletin notices, texts, and emails from the dealer or manufacturer

Statewide Florida Representation

We represent owners in all 67 Florida counties, from Miami and Tampa to Jacksonville and the Panhandle. Case review is by phone and email, with no office visit needed.

Frequently Asked Questions

Do loaner days count against me?

No. Having a loaner doesn't stop the clock. The question is whether your vehicle was out of service for repair.

The dealer waited weeks for parts. Does that time count?

Generally yes, if the vehicle was at the dealer for repair of the defect during that time.

Related Pages

This page is general information, not legal advice. Recall and bulletin details come from manufacturer filings with NHTSA and may change; whether a particular vehicle is covered depends on its VIN and facts.

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