Recalde Lemon Law

Florida Rainy Season Electrical Shorts in New Cars and Lemon Law Claims

SituationsJuly 29, 20266 min read read

Florida's Rainy Season and Your New Car

Florida gets more lightning strikes than any other state. From June through September, afternoon storms roll in almost every day. Heavy rain, humidity, and flooding can stress a vehicle's electrical system in ways that dry-weather driving simply does not.

For many owners of new cars, these conditions reveal problems that were already there. A wiring harness with a small flaw. A connector that was not fully seated at the factory. A water seal that was not properly installed. Moisture finds its way in, and suddenly warning lights are on, windows stop working, or the car shuts off in traffic.

If your new car keeps having electrical problems and the dealership cannot fix them, Florida's Lemon Law, Chapter 681 of the Florida Statutes, may give you important rights.


What Counts as an Electrical "Nonconformity"?

The law uses the word "nonconformity." That means a defect or condition that substantially impairs the use, value, or safety of the vehicle.

Not every glitch rises to that level. A single dome light that flickers once probably does not. But many electrical problems do qualify. Here are some examples that consumers commonly report:

  • Repeated short circuits that trigger warning lights or cause shutdowns
  • Power windows or door locks that fail after rain exposure
  • Engine stalling or no-start conditions tied to moisture in the wiring
  • Infotainment systems that go dark or restart randomly in wet weather
  • Battery drain caused by a parasitic draw linked to a wet electrical component
  • Safety systems like ABS, traction control, or lane assist that malfunction due to electrical faults

If a problem substantially affects whether you can safely drive the car, or whether the car holds its value, it is worth taking seriously. You can also read about how ADAS safety system defects can qualify under the lemon law for more context on how electrical faults in modern vehicles are evaluated.


Coverage Basics: Who and What Qualifies

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 protection applies during the Lemon Law rights period, which is 24 months from the date of original delivery of the vehicle to the consumer. If your electrical problems started or were first reported to the dealer within that window, you are likely still within your rights period.

The vehicle must have been purchased or leased for personal, family, or household use, or as a demonstrator. Certain business fleet vehicles have different rules, but most everyday consumers are covered.


The Repair Attempt Rules

The statute does not expect perfection from a dealer on the first try. But it does set limits on how many chances the manufacturer gets.

Three Repair Attempts for the Same Problem

If the same electrical defect has been worked on three times and the problem is still not fixed, the consumer can send written notice to the manufacturer. This notice is called a Motor Vehicle Defect Notification. It gives the manufacturer one final opportunity to repair the vehicle.

After that final attempt, if the problem persists and substantially impairs the vehicle, the consumer may be eligible to pursue a lemon law claim.

30 Days Out of Service

There is a second path that many consumers do not know about. If your vehicle has been out of service for repair for 30 or more cumulative days within the rights period, that also may qualify you to move forward. The days do not have to be for the same problem. They add up across all repair visits.

For this route, the consumer also sends written notice, and the manufacturer gets a chance to inspect and repair the vehicle. You can learn more about how days out of service are counted and why documentation matters at our dedicated post on this topic.


Why Rainy Season Electrical Problems Are Tricky

Intermittent problems are notoriously hard to diagnose. A short that only appears when the car is wet may not show up on a dealer's diagnostic scanner on a dry day. The technician sees nothing wrong and returns the car. The next rainstorm, the problem comes back.

This creates a frustrating cycle. Here is what many consumers find helpful during this process:

  1. Document every visit. Keep every repair order, even if the dealer says "no problem found." Those records help establish a pattern.
  2. Describe the conditions. When you drop off the car, write down that the problem happens in rain or humidity. Ask the dealer to note that in the repair order.
  3. Take photos or videos. If warning lights come on or something fails while you are safely parked, a short video on your phone can be useful documentation.
  4. Track the dates and days. Write down the date you dropped off the car and the date you picked it up. This helps with the days-out-of-service count.
  5. Save all communication. Texts, emails, and voicemails from the dealer or manufacturer are all part of your record.

Good records do not win a case by themselves, but they form the foundation that any lemon law process depends on.


The Arbitration Process

Before most lemon law cases go to court in Florida, they go through arbitration. Many manufacturers have certified arbitration programs. After that, consumers can request a hearing before the Florida New Motor Vehicle Arbitration Board, which is run through the Attorney General's office.

Arbitration is a formal process. A neutral decision-maker reviews the evidence and makes a ruling. Consumers present their repair records, and manufacturers present their side. The arbitrator decides whether the vehicle qualifies and what remedy is appropriate.

If you want to understand what to expect in that setting, our post on what to expect at an arbitration hearing walks through the process step by step.


What Remedies Are Available?

If a claim is successful, the statute allows for two possible remedies.

The first is a refund. This generally includes the purchase price of the vehicle plus collateral charges and finance charges, minus a statutory offset. That offset accounts for the consumer's use of the vehicle before the problems were first reported.

The second is a replacement vehicle of comparable value.

The consumer, not the manufacturer, chooses which remedy to pursue.

Past results do not predict future outcomes.


Attorney Fees Under the Lemon Law

One of the most significant 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 claims without paying attorney fees out of pocket if they win.

Many lemon law attorneys handle 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.


Moisture, Wiring, and the Long Florida Summer

Electrical problems caused or worsened by Florida's rainy season are not fringe issues. Modern vehicles have thousands of feet of wiring and dozens of computer modules. Moisture intrusion in a vehicle that was not sealed or assembled correctly is a real manufacturing problem, not normal wear and tear.

Florida's Lemon Law, Chapter 681 of the Florida Statutes, was written to protect consumers when manufacturers cannot or will not fix those problems within a reasonable number of attempts. If your new car has been in and out of the shop for electrical issues since the rains started, it is worth understanding what the law says about your situation.

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.