Many people buy a new truck specifically because they need to tow. Whether it is a boat, a camper, a horse trailer, or work equipment, the towing package is often the main reason for the purchase. So when the hitch, trailer brake controller, wiring harness, or tow-haul system has a problem right out of the gate, it is more than an inconvenience. It can make the truck nearly useless for what you bought it to do.
Florida's Lemon Law, Chapter 681 of the Florida Statutes, may give you real options if your new truck has a defect in its towing system that the dealer cannot seem to fix.
Does the Florida Lemon Law Cover Towing Package Problems?
Yes, it can. The law covers new and demonstrator vehicles that were sold or leased in Florida. Used vehicles are not covered. If your truck was purchased new or as a demonstrator, and it is still within 24 months of the original delivery date, you are likely still inside the Lemon Law rights period.
The key question is whether the defect rises to the level of a nonconformity. Under the statute, a nonconformity is a defect or condition that substantially impairs the use, value, or safety of the vehicle. A factory-installed towing package that does not work correctly can meet this standard, especially when towing was the primary purpose of your purchase.
Common Towing System Defects on New Trucks
Towing packages are complex systems. Problems can show up in a number of ways, including:
- The trailer brake controller throwing error codes or failing to communicate with a trailer
- The seven-pin or four-pin wiring harness not delivering power to trailer lights or brakes
- The integrated trailer sway control or stability system malfunctioning while under load
- The hitch receiver being misaligned, cracked, or improperly welded
- The tow-haul mode not engaging or disengaging correctly
- Transmission overheating warnings that appear at loads well below the truck's rated capacity
- A weight distribution or gooseneck prep package that was installed incorrectly at the factory
Any one of these problems can make it unsafe or impractical to do what you need the truck to do. That matters when it comes to the Lemon Law analysis.
The Repair Attempt Rule
Before you can move forward under Florida's Lemon Law, the manufacturer or its authorized dealer generally needs a reasonable chance to fix the problem. Florida law sets a clear threshold: if the same nonconformity has been subject to three repair attempts and the problem remains, the consumer can take action.
After those three attempts, the statute requires the consumer to send written notice to the manufacturer. This document is called a Motor Vehicle Defect Notification. It puts the manufacturer on formal notice of the defect and gives them one final opportunity to repair the vehicle.
Getting this notice right is important. The language, the delivery method, and the timing all matter.
Days Out of Service
There is a second path for consumers whose trucks spend a lot of time sitting at the dealership. If your truck has been out of service for a cumulative total of 30 or more days due to repair, that can also qualify as a basis for a Lemon Law claim, even if the dealer has not had three separate attempts.
The same written notice requirement applies. The manufacturer gets a chance to inspect and repair the vehicle after receiving notice.
For more detail on how the days-out-of-service rule works in practice, see our post on days out of service under Florida's Lemon Law.
What Remedies Are Available?
If your truck qualifies, Florida's Lemon Law provides two possible remedies: a refund or a replacement vehicle.
A refund means the manufacturer returns the purchase price, along with collateral charges and finance charges you paid. A statutory offset is subtracted to account for the miles you were able to use the vehicle. That calculation is set by the statute, not by the manufacturer.
A replacement means the manufacturer provides a comparable new vehicle in exchange for the defective one.