You Bought a New Car in Sarasota. Now It Has a Problem.
Sarasota County is a great place to drive. The Gulf Coast scenery makes every commute feel a little easier. But when your brand-new car keeps breaking down, the drive to work or the bridge to Siesta Key suddenly feels a lot less pleasant.
If you bought or leased a new vehicle in Florida and it has a defect that keeps coming back, you may have rights under Florida's Lemon Law, Chapter 681 of the Florida Statutes. This guide walks through the basics in plain language so you know where you stand.
What Vehicles Does the Law Cover?
Florida's Lemon Law covers new and demonstrator vehicles that were sold or leased in Florida. That includes cars, trucks, vans, motorcycles, and certain other motor vehicles.
Used vehicles are not covered. If you bought a pre-owned car, your situation may involve different legal options, but the Florida Lemon Law does not apply to used cars.
If you are unsure whether your vehicle qualifies, it is worth learning more about the law before assuming you have no options.
The Lemon Law Rights Period
Timing matters a great deal under this law. The Lemon Law rights period is 24 months from the date the vehicle was originally delivered to you. If the defect appears and the repair attempts happen within that window, the law can apply.
Many consumers wait too long before looking into their rights. Once the 24-month period closes, the path under Chapter 681 is generally no longer available. Waiting can cost you more than you realize.
What Counts as a "Lemon"?
Not every annoying quirk qualifies. Florida's Lemon Law applies when a vehicle has a nonconformity that substantially impairs the use, value, or safety of the vehicle, and the defect is not fixed after a reasonable number of repair attempts.
The word "substantially" is important. A minor rattle that does not affect how the car runs or whether it is safe is different from a recurring engine stall, a transmission that slips unexpectedly, or a safety system that misfires. Defects tied to driver-assistance and safety technology have become increasingly common in newer model years, and many consumers do not realize those systems are covered too.
How Many Repair Attempts Are "Reasonable"?
The statute describes two main ways a vehicle can qualify.
The same defect, multiple attempts:
- The manufacturer or its authorized dealer has attempted to repair the same nonconformity three or more times within the Lemon Law rights period.
- After those three attempts, the consumer must send the manufacturer a written notice called a Motor Vehicle Defect Notification.
- The manufacturer then gets one final opportunity to repair the vehicle.
- If that final attempt does not fix the problem, the consumer may move forward with a claim.
Too many days out of service:
- If the vehicle has been out of service for repairs for 30 or more cumulative days during the Lemon Law rights period, that can also qualify.
- For recreational vehicles, the threshold is 60 cumulative days.
- Written notice must also be given, and the manufacturer receives an opportunity to inspect and repair.
Keeping a detailed record of every repair visit, every repair order, and every day the car was at the dealership is one of the most practical things a consumer can do from day one.
What Can You Recover?
If a claim succeeds, the statute provides two possible remedies.
- A refund. This generally means the purchase price plus collateral charges and finance charges, minus a statutory offset calculated based on your use of the vehicle before the first repair attempt for the defect.
- A replacement vehicle. The manufacturer replaces the defective vehicle with a comparable new one.
The law does not leave consumers to guess which remedy applies. Both options are defined in Chapter 681, and many consumers work through the details with a lemon law attorney.
Past results do not predict future outcomes.