What Pinellas County Drivers Should Know About the Lemon Law
Buying a new vehicle is a big deal. When that vehicle turns out to have a serious defect, it can be frustrating and stressful. The good news is that Florida has a law designed to protect you.
Florida's Lemon Law, Chapter 681 of the Florida Statutes, gives consumers a clear path to a remedy when a new vehicle cannot be fixed after a reasonable number of attempts. If you live in Pinellas County and you are dealing with a stubborn defect on a new car, truck, or SUV, this guide explains how the law works and what options may be available to you.
Which Vehicles Are Covered?
Florida's Lemon Law covers new and demonstrator vehicles that were sold or leased in Florida. This includes cars, trucks, motorcycles, and certain recreational vehicles.
Used vehicles are not covered under the Lemon Law. This is one of the most common points of confusion. If you purchased a pre-owned vehicle, even a certified pre-owned one, the Lemon Law generally does not apply. You may still have other warranty rights, but the Lemon Law path is not available for used cars.
The law also covers leased vehicles, not just purchased ones. Many consumers in Pinellas County lease their vehicles, and they have the same Lemon Law rights as buyers.
The Lemon Law Rights Period
You do not have unlimited time to bring a Lemon Law claim. The law gives consumers a rights period of 24 months from the date of original delivery of the vehicle.
All repair attempts and the written notice described below must generally fall within this window. Waiting too long can affect your ability to pursue a claim, so it is important to act promptly if you believe your vehicle qualifies.
What Makes a Defect a "Lemon"?
Not every problem with a new vehicle rises to the level of a Lemon Law claim. The defect must be a nonconformity, meaning it substantially impairs the use, value, or safety of the vehicle and is covered by the manufacturer's warranty.
Minor inconveniences or cosmetic issues generally do not qualify. However, many consumers find that recurring problems with engines, transmissions, electrical systems, brakes, or advanced safety technology do meet this standard. For example, issues with air conditioning or advanced driver assistance systems can qualify when they seriously affect how the vehicle functions or how safe it is to drive. You can read more about A/C failure claims under Florida's Lemon Law and ADAS safety system defects in separate posts.
The Repair Attempt Requirement
The manufacturer must be given a reasonable opportunity to fix the problem. Under Florida's Lemon Law, the process generally works like this:
- The consumer takes the vehicle in for repair. The dealer attempts to fix the same defect.
- After three repair attempts for the same nonconformity, the consumer sends a written notice to the manufacturer. This is called a Motor Vehicle Defect Notification.
- The manufacturer then receives one final opportunity to repair the defect.
If the manufacturer cannot fix the problem after that final attempt, the vehicle may qualify as a lemon.
There is also a second path based on days out of service. If a vehicle has been out of service for repair for 30 or more cumulative days (or 60 days for recreational vehicles), the consumer may also be entitled to relief. Written notice and an opportunity for the manufacturer to inspect and repair the vehicle are still required. You can find a deeper explanation of how days out of service are counted at this post on days out of service in Florida.
What Remedies Are Available?
If a vehicle qualifies under the Lemon Law, the statute allows for one of two remedies:
- A refund of the purchase price, including collateral charges and finance charges, minus a statutory offset that accounts for the consumer's use of the vehicle before the problems began.
- A replacement vehicle that is comparable to the original.
The consumer generally gets to choose between these two options. Most people prefer the refund, but circumstances vary.
It is worth noting that the refund calculation involves a formula set out in the statute. The offset for use reduces the refund based on the miles driven before the first repair attempt for the defect. The law spells out how that calculation works so there is no guessing involved.