Orange County and Orlando Area Lemon Law Guide: Filing Under Chapter 681

If Your New Car Has Problems, Florida Law May Be on Your Side

Buying a new car in the Orlando area is a big deal. When that car keeps breaking down or heading back to the shop, it can feel like a nightmare. The good news is that Florida has a law designed for exactly this situation.

Florida's Lemon Law, Chapter 681 of the Florida Statutes, gives consumers in Orange County and throughout the state a path to a refund or replacement vehicle when a new car has serious, unfixed defects. This guide walks you through the basics so you know what to expect.

What Vehicles Are Covered?

Florida's Lemon Law covers new and demonstrator vehicles that were sold or leased in Florida. This includes cars, trucks, vans, and motorcycles, among others.

Used vehicles are not covered under Chapter 681. If you purchased a used car, your situation may fall under different legal protections.

Recreational vehicles have some coverage too, but the rules differ slightly from standard motor vehicles.

The Lemon Law Rights Period

Time matters under this law. The Lemon Law rights period runs for 24 months from the date the vehicle was originally delivered to you.

Any qualifying repair attempts and written notices generally need to happen within this window. Many consumers are surprised to learn how quickly this period can pass, especially when a dealer keeps a car for weeks at a time.

What Makes a Defect "Count"?

Not every rattle or cosmetic scratch qualifies. The law requires that the defect be a nonconformity: a condition that substantially impairs the use, value, or safety of the vehicle.

Problems like persistent transmission failures, repeated engine stalls, or brakes that do not work reliably are examples of the kinds of issues the law is meant to address. Minor annoyances that do not affect how the car performs or how safe it is to drive generally fall outside the law's reach.

For more on specific defects that often come up in Florida Lemon Law cases, the post on AC failure in new cars and the guide on brake defects in new cars are helpful starting points.

How Many Repair Attempts Are Required?

The statute sets out two main ways a vehicle can qualify as a lemon. Here is a straightforward breakdown:

Path 1: Same Problem, Multiple Attempts

The manufacturer or dealer has made 3 or more repair attempts for the same nonconformity.
After those attempts, the consumer sends the manufacturer a written notice called a Motor Vehicle Defect Notification.
The manufacturer then gets one final opportunity to fix the problem.
If the problem still is not resolved, the consumer may proceed with a claim.

Path 2: Too Many Days Out of Service

The vehicle has been out of service for repair for 30 or more cumulative days (60 days for RVs).
After written notice, the manufacturer gets an opportunity to inspect and repair the vehicle.
If the problem continues, the consumer may move forward with a claim.

Keeping a detailed log of every repair visit is one of the most important things a consumer can do. Dates, mileage, and repair orders all matter. The post on days out of service under Florida's Lemon Law goes deeper on how that calculation works.

What Happens After Written Notice?

Once the consumer sends the Motor Vehicle Defect Notification and the manufacturer gets its final repair opportunity, the next step is usually arbitration.

Florida requires consumers to go through an informal dispute settlement process before filing in court. This typically means:

Going through a manufacturer-sponsored arbitration program, if that program is certified by the state.
If that does not resolve the issue, appearing before the Florida New Motor Vehicle Arbitration Board, which is administered through the Florida Attorney General's office.

The arbitration process is less formal than a courtroom, but it still involves presenting evidence, repair records, and testimony. Many consumers find it helpful to understand the process before they walk in. The post on what to expect at an arbitration hearing is a good resource. You can also read about arbitration versus going to court to understand how those two paths compare.

What Can a Consumer Receive?

If a Lemon Law claim is successful, the statute allows for one of two remedies:

A Refund: The manufacturer repurchases the vehicle and returns the purchase price, including collateral charges and finance charges. A statutory offset is subtracted to account for the consumer's use of the vehicle before the problems began.

A Replacement Vehicle: The manufacturer replaces the defective vehicle with a comparable new vehicle.

Which remedy applies often depends on what the consumer requests and the specific facts of the case. Past results do not predict future outcomes.

Who Pays the Attorney?

This is one of the most consumer-friendly parts of Florida's Lemon Law. If the consumer prevails, the manufacturer is required to pay the consumer's reasonable attorney fees. This is called fee shifting.

Because of this provision, many consumers are able to have legal help without paying attorney fees out of pocket. Many Lemon Law attorneys handle these cases on that 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.

Common Questions from Orange County and Orlando Consumers

My car was bought at a dealership outside Florida. Does the law still apply? The law covers vehicles sold or leased in Florida. If you purchased the car in another state and brought it to Florida, the situation is more complicated. The post on buying a vehicle out of state covers this scenario.

My lease is almost up. Have I lost my rights? The 24-month rights period runs from original delivery, not from when you first noticed the problem. Leased vehicles are covered under Chapter 681 just as purchased ones are, but timing still matters.

The dealer says the problem is fixed, but it keeps coming back. Each time the vehicle returns for the same issue, that counts as a new repair attempt. Consistent documentation is key. Keep every repair order, even if the dealer says the repair was minor.

My car is a certified pre-owned vehicle. Am I covered? Certified pre-owned vehicles are used vehicles and are generally not covered by Florida's Lemon Law. However, warranty claims may still be available. The post on certified pre-owned warranty claims in Florida explains those options.

Living in the Orlando Area and Dealing With a Lemon

Orange County is one of Florida's most populated counties. Residents here buy and lease thousands of new vehicles every year. That means a significant number of people are dealing with repeat repair visits and manufacturer runarounds at any given time.

Florida's Lemon Law was written to put consumers on equal footing with large manufacturers. Understanding how Chapter 681 works is the first step toward using it effectively. Gathering documentation, tracking repair dates, and acting within the 24-month rights period are all things that can make a real difference in how a claim unfolds.

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.