Recalde Lemon Law

Key Fob and Keyless Entry Defects in a New Car

DefectsJune 19, 20266 min read read

When a Key Fob Problem Is More Than an Annoyance

You walk out to your brand-new car and press the button. Nothing happens. Or the car locks itself randomly. Or the push-button ignition stops recognizing the fob and leaves you stranded in a parking lot.

Key fob and keyless entry problems might sound minor at first. But for many consumers, these defects cause real disruption. They can affect your ability to start the car, lock it securely, or even drive it at all. That is when a seemingly small electronics issue can become a serious legal matter under Florida's Lemon Law, Chapter 681 of the Florida Statutes.


What Vehicles Are Covered

Florida's Lemon Law covers new and demonstrator vehicles that were sold or leased in Florida. Used cars are not covered under this law.

The law applies during the Lemon Law rights period, which is 24 months from the date the vehicle was originally delivered to you. If your key fob or keyless entry system starts acting up within that window, the clock is already running. It is important to document problems and bring the vehicle in for repairs as soon as possible.


Does a Key Fob Defect "Count" Under the Law?

Not every inconvenience qualifies. Florida's Lemon Law requires that a defect be a nonconformity, meaning it must substantially impair the use, value, or safety of the vehicle.

Key fob and keyless entry defects can meet this standard in several ways:

  • Use: If the vehicle cannot be started, unlocked, or driven reliably, that clearly affects how you use the car.
  • Safety: A fob that randomly unlocks the car, or fails to lock it at all, raises security concerns. A push-button start failure that leaves you stranded raises safety concerns too.
  • Value: Repeated, documented electrical problems can reduce what a vehicle is worth.

Whether a particular defect rises to the level of "substantially impairs" depends on the facts. A fob that occasionally needs a second press is different from one that causes repeated no-start events or lockouts. Keeping thorough records helps show the real-world impact of the problem.


The Repair Attempt Rule

The law gives the manufacturer a chance to fix the problem before stronger remedies kick in. Generally, after three repair attempts for the same defect, the consumer can send a written notice to the manufacturer. This is called a Motor Vehicle Defect Notification.

Once the manufacturer receives that notice, it gets one final opportunity to repair the vehicle. If that attempt also fails to fix the problem, the consumer may be entitled to a refund or a replacement vehicle.

With key fob and keyless entry defects, the challenge is often getting each visit documented clearly as the same defect. Dealers sometimes describe the problem differently on repair orders, or replace different parts each visit. Always review your repair orders carefully. Make sure the complaint you described is written down accurately.


The Days Out of Service Rule

There is another path if the repair attempts standard is hard to meet. If your vehicle has been out of service for 30 or more cumulative days due to repair attempts, that can also qualify under the statute. For recreational vehicles, the threshold is 60 days.

Key fob and keyless entry repairs can sometimes involve waiting for backordered parts or software updates. Those days still count. Keep a record of every date you dropped the car off and every date you picked it up.

For a deeper look at how this calculation works, see our post on days out of service under Florida's Lemon Law.


What Happens After Written Notice

Once you send the Motor Vehicle Defect Notification and the final repair attempt fails, the process generally moves toward arbitration before going to court.

If the manufacturer runs a state-certified arbitration program, you would go through that program first. After that, consumers can bring their case before the Florida New Motor Vehicle Arbitration Board, which is run through the Florida Attorney General's office.

Arbitration may feel unfamiliar. Our post on what to expect at an arbitration hearing walks through how that process generally works.


What Remedies Are Available

If a consumer prevails, the statute allows for either:

  • A refund of the purchase price, plus collateral and finance charges, minus a statutory offset for the consumer's use of the vehicle before the problems began, or
  • A replacement vehicle of comparable value.

The offset for use is calculated based on a formula in the statute. It is tied to the mileage you put on the car before the first repair attempt for the defect.

Past results do not predict future outcomes.


Attorney Fees and Costs

One of the most important features of Florida's Lemon Law is fee shifting. If a consumer prevails, the manufacturer is required to pay the consumer's reasonable attorney fees.

This means many consumers can pursue a valid Lemon Law claim without paying attorney fees out of pocket. 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.


Should You Handle This on Your Own?

Many consumers wonder whether they need a lawyer for a Lemon Law matter. The arbitration process was designed to be accessible, but the rules around repair attempts, written notices, and defect documentation can be tricky to navigate. Our post on whether you need a lawyer for lemon arbitration covers the key considerations.


Tips for Protecting Your Claim

If you are dealing with a key fob or keyless entry problem on a new Florida vehicle, here are steps many consumers take to build a strong record:

  1. Write down every incident. Date, time, what happened, where you were.
  2. Describe the problem clearly at each dealer visit. Be specific. "Key fob fails to unlock or start vehicle" is better than "fob issue."
  3. Review every repair order before you leave. Make sure your description of the problem matches what the dealer wrote down.
  4. Keep copies of everything. Repair orders, loaner car agreements, rental receipts, and any communication with the dealer or manufacturer.
  5. Track your days without the car. Note drop-off and pick-up dates for every visit.
  6. Do not ignore the 24-month rights period. Problems that surface late in that window still count, but time matters.

The Bottom Line

A key fob or keyless entry defect can feel like a small problem, but when it repeats and the dealer cannot fix it, Florida law may give you real options. Florida's Lemon Law, Chapter 681 of the Florida Statutes, was built for exactly these situations. Knowing the rules around repair attempts, written notice, and the 24-month rights period puts you in a much better position to protect yourself.

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.