Why Turbo Engine Problems Are on the Rise
Turbocharged engines are now standard on many new cars, trucks, and SUVs. Automakers use them to get more power from smaller engines, which helps with fuel economy. The trade-off is added complexity. More parts mean more things that can go wrong.
Common turbo-related complaints on new vehicles include oil leaks at the turbocharger, loss of boost pressure, excessive smoke or burning smell, unusual noises like whining or rattling, and repeated check-engine lights tied to boost or exhaust flow sensors. These issues can affect how safely and reliably a vehicle operates, and that matters a great deal under Florida law.
What Florida's Lemon Law Covers
Florida's Lemon Law, Chapter 681 of the Florida Statutes, protects consumers who buy or lease new or demonstrator motor vehicles in Florida. Used vehicles are not covered under this law. If you purchased a certified pre-owned vehicle, different rules may apply. You can read more about that in our post on certified pre-owned warranty claims in Florida.
The law applies during the Lemon Law rights period, which runs for 24 months from the date of original delivery of the vehicle to the consumer.
What Makes a Turbo Defect "Count"?
Not every defect automatically qualifies. The statute requires that the problem be a nonconformity, meaning a defect or condition that substantially impairs the use, value, or safety of the vehicle and is not caused by abuse, neglect, or unauthorized modifications.
A turbo defect that causes loss of power on a highway, unexpected stalling, or persistent smoke could easily meet this threshold. A minor rattle that has no effect on how the car drives is a harder case. The key question is whether the defect meaningfully affects your ability to use the vehicle safely or whether it reduces the vehicle's value in a significant way.
How Many Repair Attempts Are Enough?
The statute sets a clear standard. If the manufacturer or its authorized dealer has made three or more repair attempts for the same nonconformity during the Lemon Law rights period and the problem still exists, the consumer may be entitled to relief.
There is an important step many consumers miss. Before the manufacturer is obligated to act, the consumer must send a written notice of the defect to the manufacturer. This is called a Motor Vehicle Defect Notification. After receiving that notice, the manufacturer gets one final opportunity to repair the vehicle. If that final attempt fails, the consumer may move forward with a claim.
Days Out of Service
There is a second path to a claim that does not require counting repair attempts. If a vehicle has been out of service for 30 or more cumulative days for warranty repairs during the Lemon Law rights period, that may also qualify. For recreational vehicles, the threshold is 60 days.
The same written notice requirement applies. The manufacturer receives notice and an opportunity to inspect and repair the vehicle before a formal claim moves forward.
Keeping a careful log of every repair visit, including drop-off and pick-up dates, is one of the most useful things a vehicle owner can do. Our post on days out of service in Florida explains how to track this correctly.
What Remedies Does the Law Allow?
A consumer who prevails under Florida's Lemon Law may recover one of two remedies.
- Refund: The manufacturer repurchases the vehicle. The refund includes the purchase price plus collateral charges and finance charges. The manufacturer may subtract a statutory offset, which accounts for the consumer's use of the vehicle before the defect first appeared.
- Replacement: The manufacturer provides a comparable replacement vehicle.
The statute also provides for fee shifting. This means a prevailing consumer's reasonable attorney fees are paid by the manufacturer, not by the consumer. Many consumers handle these cases without paying attorney fees out of pocket. 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.
The Arbitration Process
Before a case goes to court, Florida law generally requires consumers to go through an arbitration process. If the manufacturer has a certified arbitration program, the claim is typically heard there first. After that step, consumers have access to the Florida New Motor Vehicle Arbitration Board, which is administered through the Florida Attorney General's office.
Arbitration is less formal than a courtroom, but preparation still matters. Our post on what to expect at an arbitration hearing walks through the basics.
A Checklist for Turbo Defect Claims
If you believe your turbocharged vehicle may qualify, here is a general overview of what to gather and verify:
- Confirm vehicle eligibility. The vehicle must be new or a demonstrator, sold or leased in Florida, and still within the 24-month Lemon Law rights period from original delivery.
- Document every repair visit. Save all repair orders. Note the date in, date out, mileage, and what the dealer found or did.
- Count your repair attempts. Track how many times the same turbo-related problem has been repaired without a lasting fix.
- Track days out of service. Add up the total days the vehicle has been in for any warranty repair during the rights period.
- Send written notice. Before filing a claim, the statute requires written notice to the manufacturer giving them a final opportunity to repair.
- Keep all communication. Save emails, letters, and any written responses from the dealer or manufacturer.
A Few Things to Know Before You Act
The Lemon Law rights period is firm. If 24 months have passed since original delivery, most claims under this statute are no longer available. Many consumers are surprised to learn how quickly that window can close, especially if repairs dragged on for months.
It is also worth knowing that the defect must appear and be reported within the rights period. A turbo problem that surfaces in month 25 is typically outside the law's reach. If your defect appeared late in the rights period, our post on defects that appear late in the rights period covers that situation in more detail.
Florida's Lemon Law is designed to hold manufacturers accountable when a vehicle fails to meet the standards set out in the warranty. Consumers who document their problems carefully and follow the statutory steps put themselves in the strongest position to pursue a claim.
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.