Recalde Lemon Law

A Palm Beach County Driver's Guide to the Florida Lemon Law

SituationsJuly 6, 20266 min read read

Buying a New Car in Palm Beach County Should Not Mean a Lifetime of Repairs

Palm Beach County has a lot of roads, a lot of traffic, and a lot of new cars. When one of those new cars turns out to have a serious, recurring defect, the experience can be exhausting and frustrating. Constant trips to the dealership, missed workdays, and a vehicle that keeps failing can wear anyone down.

Florida's Lemon Law, Chapter 681 of the Florida Statutes, exists specifically for this situation. It gives consumers who buy or lease certain defective vehicles a path toward a real remedy. This guide walks through the basics so Palm Beach County drivers know where they stand.


Which Vehicles Does the Law Cover?

Not every vehicle qualifies. Florida's Lemon Law covers new and demonstrator motor vehicles that are sold or leased in Florida. Used vehicles are generally not covered under this law.

The vehicle must have been purchased or leased for personal, family, or household use, or for certain business purposes. If you drove a demonstrator off a lot in West Palm Beach or Boca Raton and it turned out to be defective, that vehicle may still qualify.

If you purchased your vehicle outside of Florida, coverage may differ. You can read more about that situation in our post on buying a vehicle out of state and Florida Lemon Law rights.


The Lemon Law Rights Period

Timing matters. The law protects consumers during the Lemon Law rights period, which is the first 24 months from the date the vehicle was originally delivered to the consumer. Problems that surface and are reported within this window are the ones the law addresses.

This does not mean your repair attempts must all be completed within 24 months. It means the defect must be reported and the repair process must begin within that period. If you notice a recurring issue late in the rights period, do not wait. You can learn more about that in our post on defects that appear late in the rights period.


What Counts as a Defect?

Under the statute, not every small imperfection qualifies. The defect must be a nonconformity that substantially impairs the use, value, or safety of the vehicle and is not the result of abuse, neglect, or unauthorized modification by the consumer.

Common examples include:

  • Engines that stall repeatedly or fail to start reliably
  • Transmission problems that cause sudden jerking or loss of power
  • Brake defects that affect stopping ability
  • Air conditioning systems that stop working in Florida heat
  • Advanced safety systems that malfunction or activate without cause

If a defect is serious enough that it affects how safely or reliably you can use the vehicle, it may rise to the level the law recognizes.


The Repair Attempt Requirement

Before the law's remedies come into play, the manufacturer must have a reasonable opportunity to fix the problem.

For the same defect, the process works like this:

  1. The consumer takes the vehicle in for repair attempts.
  2. After three repair attempts for the same nonconformity, the consumer may send a written notice to the manufacturer. This is called a Motor Vehicle Defect Notification.
  3. After receiving that notice, the manufacturer gets one final repair attempt.

There is a second path as well. If the vehicle has been out of service for repair for 30 or more cumulative days (60 days for recreational vehicles), the consumer may also send written notice. After that notice, the manufacturer gets an opportunity to inspect and repair before the next steps proceed.

Keeping detailed records of every repair visit is important. Write down the date you dropped off the vehicle, the date you picked it up, what was repaired, and what was not fixed. Repair orders from the dealership are key documents.


What Happens After the Final Repair Attempt Fails?

If the problem is not resolved after the manufacturer's final opportunity, the consumer may move forward in the process. Florida's system generally directs consumers through arbitration before going to court.

If the manufacturer has a certified arbitration program, a consumer may be required to use it first. After that step, consumers may bring their dispute before the Florida New Motor Vehicle Arbitration Board, which is run through the Florida Attorney General's office. This board hears cases and can award a remedy.

Many consumers find the arbitration process unfamiliar. Our post on what to expect at an arbitration hearing explains how those proceedings generally work, and our post comparing arbitration versus going to court covers how the two paths differ.


What Remedies Are Available?

A consumer who prevails under the law may recover one of two remedies:

  • A replacement vehicle of the same or comparable model, or
  • A refund of the purchase price, including collateral charges and finance charges, minus a statutory offset calculated based on the consumer's use of the vehicle before the first repair attempt for the defect.

The statute also includes a fee-shifting provision. This means that when a consumer prevails, the manufacturer is responsible for paying the consumer's reasonable attorney fees. Many consumers are able to pursue these cases without paying attorney fees out of pocket for that reason. 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.

Past results do not predict future outcomes.


Steps Palm Beach County Consumers Can Take Now

If you believe your new vehicle may qualify, here are general steps many consumers follow:

  1. Gather your repair orders. Collect every service record from every visit related to the defect.
  2. Track days out of service. Note every day the vehicle was in the shop.
  3. Document the defect carefully. Write down what happens, when it happens, and how often.
  4. Count your repair attempts. If you have had three or more attempts for the same problem, you may be approaching the point where written notice is appropriate.
  5. Act within the rights period. The 24-month window moves quickly. Do not delay if something feels wrong.

The Law Is There for a Reason

Florida's Lemon Law, Chapter 681 of the Florida Statutes, was written to protect consumers who end up with a vehicle that does not function as it should. The process has defined steps, and following those steps carefully matters. Palm Beach County drivers who take the time to understand those steps are in a much better position to use the law as it was intended.

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.