Recalde Lemon Law

A Broward County Driver's Guide to the Florida Lemon Law

SituationsJuly 5, 20266 min read read

Driving in Broward County with a Problem Vehicle

Broward County roads are busy. From I-95 through Fort Lauderdale to US-1 in Hollywood, drivers put real miles on their vehicles every day. When a brand-new car keeps breaking down, it is more than an inconvenience. It can affect your safety, your job, and your daily life.

The good news is that Florida law has specific protections for consumers in exactly this situation. Florida's Lemon Law, Chapter 681 of the Florida Statutes, sets clear rules for what happens when a new vehicle cannot be fixed after a reasonable number of attempts.

This guide explains how the law works and what Broward County consumers generally need to know.


Which Vehicles Does the Law Cover?

Florida's Lemon Law covers new motor vehicles and demonstrator vehicles that were sold or leased in Florida. If you drove a new car or a demo unit off a Broward County dealership lot, you are likely in the right category.

The law does not cover used vehicles in the same way. If you purchased a used car, the Lemon Law protections described here generally do not apply. You may have other options, but they fall under different laws.

Not sure whether a demonstrator qualifies? The short answer is yes, in most cases. You can read more in our post on demonstrator vehicle lemon law.


The Lemon Law Rights Period

Timing matters. The Lemon Law rights period is 24 months from the date of original delivery of the vehicle to the first consumer. Problems that appear and are reported within that window can qualify. Problems that first surface after the 24-month period has passed generally fall outside the law's reach.

This is why it is important not to wait. Many consumers assume they have more time than they do, or they keep hoping the dealership will eventually fix the issue on its own.


What Counts as a "Nonconformity"?

Not every rattle or minor annoyance rises to the level the law requires. To qualify under the statute, a defect must be a nonconformity. That means it must substantially impair the use, value, or safety of the vehicle.

Common nonconformities include:

  • Repeated engine stalling or failure to start
  • Transmission problems that affect driveability
  • Brake defects that create a safety concern
  • Air conditioning systems that fail completely in Florida's heat
  • Electrical or software issues that disable critical functions

If you are dealing with an air conditioning problem specifically, our post on AC failure and Florida's Lemon Law goes into more detail.


The Repair Attempt Rule

The statute sets a specific threshold for repair attempts. After 3 repair attempts for the same nonconformity, the consumer is generally required to send written notice to the manufacturer. This notice is called a Motor Vehicle Defect Notification.

Once the manufacturer receives that written notice, they get one final opportunity to repair the defect. If the vehicle still is not fixed after that final attempt, the consumer may have the right to seek a remedy.

Keeping good records is critical. Save every repair order. Note the date you dropped off the vehicle, the date you picked it up, and exactly what the technicians said they did. That paperwork becomes your evidence.


The Days-Out-of-Service Rule

There is a second path to qualifying under the law. If your vehicle has been out of service for repair for 30 or more cumulative days within the Lemon Law rights period, that alone may support a claim. For recreational vehicles, the threshold is 60 days.

The days do not have to be consecutive. They add up across all visits related to warranty repairs.

Written notice to the manufacturer is also required under this route, and the manufacturer gets an opportunity to inspect or repair the vehicle before a claim moves forward.

For a deeper look at how these days are counted, see our post on days out of service and Florida's Lemon Law.


What Remedy Can Consumers Seek?

If a vehicle qualifies under the law, the statute allows for one of two remedies:

  1. A refund, which includes the purchase price plus collateral charges and finance charges, minus a statutory offset. The offset accounts for the consumer's use of the vehicle before the problem first occurred.
  2. A replacement vehicle of the same or comparable model.

The choice between a refund and a replacement depends on the facts of each case and what the consumer wants. Past results do not predict future outcomes.


How the Arbitration Process Works

Before a Broward County consumer can take a lemon law case to court, the statute generally requires going through an arbitration process first.

Here is how it typically works:

  • If the manufacturer has a certified dispute resolution program (sometimes called a manufacturer-sponsored arbitration program), the consumer may need to go through that first.
  • After that step, or if no certified program exists, the consumer can request a hearing before the Florida New Motor Vehicle Arbitration Board, which is run through the Florida Attorney General's office.
  • If the Board rules in the consumer's favor and the manufacturer does not comply, court becomes an option.

Many consumers feel nervous about arbitration. Understanding what to expect can make a real difference. Our post on what to expect at an arbitration hearing walks through the process in plain terms.


Attorney Fees Under the Florida Lemon Law

One of the most important features of Florida's Lemon Law is fee shifting. If a consumer prevails, the law requires the manufacturer to pay the consumer's reasonable attorney fees. This means many consumers can pursue a lemon law claim without paying legal fees out of pocket.

Many lemon law attorneys handle these cases on this basis. If there is no recovery, you owe no attorney fee. Court costs and expenses may apply and are explained in writing before any case begins.

This structure is designed to make the law accessible to ordinary consumers, not just those who can afford to pay a lawyer by the hour.


Tips for Broward County Consumers

Here are some practical steps that many consumers take when they suspect they have a lemon:

  • Keep every repair order. Even if you think the visit was minor, hold onto the paperwork.
  • Report the problem in writing. Email or written notes to the dealer create a record.
  • Track your days out of service. Note every date you drop off and pick up the vehicle.
  • Act before the 24-month window closes. Do not assume you have unlimited time.
  • Understand who is responsible. Lemon law claims are generally against the manufacturer, not the dealership. Our post on dealer vs. manufacturer responsibility explains the difference.

Florida's Lemon Law Is There for a Reason

The legislature created Florida's Lemon Law, Chapter 681 of the Florida Statutes, to give consumers a real remedy when a manufacturer cannot fix a new vehicle. Broward County drivers have the same rights as any other Florida consumer under this law.

Understanding those rights is the first step. The process has specific rules and deadlines, and the details matter. Many consumers find it helpful to speak with someone who knows the statute well before deciding how to move forward.

Think your car qualifies?

If there is no recovery, you owe no attorney fee. Court costs and expenses may apply and are explained in writing before any case begins. Take the free 2-minute case check or call Recalde Lemon Law at (305) 792-9100.

This article is general information about Florida law, not legal advice about your situation. Attorney advertising.