Florida Lemon Law – Complete Consumer Guide

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    Florida Lemon Law – Complete Consumer Guide

    The Florida Lemon Law (officially the Motor Vehicle Warranty Enforcement Act) protects buyers and lessees of certain new or demonstrator vehicles that have substantial defects the manufacturer can’t repair after a reasonable number of attempts.

    If your vehicle qualifies as a lemon, you may be entitled to a refund, replacement, or cash settlement — plus reimbursement for certain expenses.


    1. Does the Florida Lemon Law Apply to You?

    Covered Vehicles

    • New passenger cars, trucks, and motorcycles

    • Purchased or leased in Florida

    • For personal, family, or household use

    • Problems occur within the first 24 months after delivery

    Not Covered

    • Used cars (unless still covered under original warranty and defect occurs within the Lemon Law rights period)

    • Mopeds, off-road vehicles

    • Trucks with a gross vehicle weight rating (GVWR) over 10,000 pounds

    • Motorhomes’ living quarters


    2. What Qualifies as a “Lemon” in Florida

    Your vehicle may be a lemon if:

    1. The same defect has been subject to 3 or more repair attempts without success; OR

    2. The vehicle has been out of service for 15 or more cumulative days for a safety defect; OR

    3. The vehicle has been out of service for 30 or more cumulative days for any defect; AND

    4. The defect substantially impairs the use, value, or safety of the vehicle.


    3. Your Rights Under the Law

    If your vehicle meets the Lemon Law requirements, you may be entitled to:

    • Replacement vehicle of comparable value

    • Refund of the purchase/lease price, including taxes, registration, and other fees

    • Reimbursement of incidental costs (towing, rental cars, etc.)

    • Attorney’s fees and costs if you prevail


    4. The Process – Step-by-Step

    Step 1 – Report the Problem

    • Take your vehicle to an authorized dealer for repairs.

    • Keep all repair orders and receipts.

    Step 2 – Manufacturer’s Notice

    • If the defect isn’t fixed after a reasonable number of attempts, send written notice to the manufacturer.

    • Use Florida’s Motor Vehicle Defect Notification form and send it by certified mail.

    Step 3 – Final Repair Attempt

    • The manufacturer has 10 days to schedule and complete a final repair.

    Step 4 – Arbitration Before Filing Suit

    • Florida requires state-run arbitration through the Florida New Motor Vehicle Arbitration Board before you can file a lawsuit.

    • If arbitration fails, you may proceed to court.


    5. The Litigation Process in Florida Lemon Law Cases

    If your claim can’t be resolved through arbitration or settlement, litigation may be necessary.

    A. Filing the Lawsuit

    • Filed in Florida state court or federal court (if applicable).

    • We may include:

      • Florida Lemon Law

      • Magnuson-Moss Warranty Act

      • Florida Deceptive and Unfair Trade Practices Act (FDUTPA)

    B. Discovery Phase

    • Exchange of documents and information:

      • Repair history

      • Manufacturer’s internal defect reports

      • Technical bulletins

    C. Expert Inspections

    • Independent experts can confirm the defect and repair history.

    D. Settlement Negotiations

    • Many cases settle with:

      • Vehicle buyback

      • Replacement

      • Cash and keep (compensation while you keep the vehicle)

      • Expense reimbursement

    E. Trial

    • Judge or jury decides whether your car qualifies as a lemon and determines your remedy.

    • If you win, the manufacturer may be ordered to pay your attorney’s fees.


    6. Common Myths About the FL Lemon Law

    • Myth: “I must keep letting them try to fix it forever.”
      Truth: The law sets clear limits on repair attempts and days out of service.

    • Myth: “If I bought the car used, I have no protection.”
      Truth: If the defect occurs within the 24-month Lemon Law rights period and is covered by warranty, you may still qualify.

    • Myth: “It costs too much to sue.”
      Truth: If you win, the manufacturer usually pays your legal fees.


    7. How We Help

    At Ginsburg Law Group, we:

    • Review your repair history and purchase documents

    • Handle manufacturer communications

    • Represent you in arbitration and, if necessary, in court

    • Seek the maximum recovery with no upfront costs to you


    8. What to Do Now

    1. Gather Your Records

      • Purchase or lease contract

      • All repair orders and receipts

      • Correspondence with the dealer or manufacturer

    2. Contact Us

    3. Act Fast

      • The Lemon Law rights period in Florida is only 24 months from delivery.

    CLICK HERE FOR FLORIDA LEMON LAW STATUTE.