Florida Lemon Law, answered straight.
Twenty-four real questions from Florida vehicle owners, answered without the legalese. General information about Florida law, not legal advice about your situation.
Qualifying
Which vehicles and defects the Florida Lemon Law actually covers.
Does the Florida Lemon Law cover used cars?
No. Chapter 681 covers new and demonstrator vehicles only. But if your used car came with a written warranty, you may have a claim under the federal Magnuson-Moss Warranty Act instead. We evaluate that path as part of the same free case check.
I leased my vehicle. Am I covered?
Yes. Leased vehicles are covered when the lease was entered in Florida and you are the one responsible for making repairs happen. The remedies work the same way: the manufacturer takes the vehicle back and you get your payments refunded, or you get a replacement.
Are demonstrator vehicles covered?
Yes. A demonstrator, the lightly driven car the dealership used for test drives and then sold to you, is treated like a new vehicle under Chapter 681. The same rights period, notice rules, and remedies apply.
What about RVs and motorhomes?
Partially. The chassis, engine, and drive parts of a recreational vehicle are covered. The living quarters, things like cabinets, plumbing, and appliances, are not. Motorcycles, mopeds, off-road vehicles, and trucks over 10,000 pounds gross vehicle weight are excluded entirely.
What kind of defect counts?
The statute calls it a nonconformity: a defect or condition that substantially impairs the use, value, or safety of the vehicle. Stalling, brake failures, electrical gremlins, a transmission that lurches. What does not count: problems caused by an accident, abuse, neglect, or a modification the manufacturer did not authorize.
What is the 24-month Lemon Law Rights Period?
It is the clock on your rights. You must report the defect to the manufacturer or its authorized dealer within 24 months after the day you took delivery. Report it inside that window and your rights are protected, even if the rest of the fight happens later.
I bought my car in another state. Can I still use the Florida Lemon Law?
Usually not. Chapter 681 generally applies to vehicles sold or leased in Florida. But federal warranty law applies nationwide, so a defective vehicle bought elsewhere can still support a claim. Bring us the facts and we will map the right path.
I modified my car. Did I lose my rights?
Not automatically. The exclusion covers defects caused by an unauthorized modification. If your aftermarket wheels have nothing to do with the transmission defect, the transmission claim stands. Expect the manufacturer to argue otherwise, which is why the repair record matters.
Process
The repair attempts, the notice, the clocks, and the arbitration board.
What counts as a repair attempt?
Each time you bring the vehicle to the manufacturer or its authorized dealer to fix the same defect, that is one attempt. Keep every repair order. The write-up should describe the same problem each visit, in your words, so the pattern is visible on paper.
What counts as a day out of service?
Any day your vehicle sits at an authorized repair shop for a covered defect and you cannot drive it. The days add up across separate visits and across different defects. After 15 cumulative days you can send the written defect notice, and at 30 days the law presumes the manufacturer had a reasonable number of chances.
What is the Motor Vehicle Defect Notification?
The official written notice that tells the manufacturer, by registered or express mail, that it gets one final chance to fix your vehicle. It is the step most owners fumble on their own: wrong form, wrong address, wrong mail service, and the legal clock never starts. We draft it, send it, and keep the proof.
What happens after the notice goes out?
Two short clocks. The manufacturer has 10 days to respond and direct you to a repair facility, then 10 more days after you deliver the vehicle to actually fix the defect. Miss either window, or fail the fix, and its duty to repurchase or replace the vehicle kicks in.
Do I have to go through the manufacturer’s own dispute program first?
Sometimes. If the manufacturer runs a state-certified informal dispute program, you must complete it before the state arbitration board will take the case. It is paperwork heavy but fast, and we prepare the filing so your claim shows up at full strength.
What is the Florida New Motor Vehicle Arbitration Board?
A state board, run through the Florida Attorney General, that decides Lemon Law disputes. There is no filing fee, hearings move fast, and the board can order the manufacturer to refund or replace your vehicle. If the board rules for you, the manufacturer must comply within 40 days.
Can I keep driving the car while the claim is pending?
Generally yes, and most people have to. Keep it maintained, keep records of every new symptom, and know that miles you drive can affect the use offset math. If the defect makes the car unsafe, document that and tell the dealer in writing.
Do I need a lawyer for arbitration?
The system was built so consumers can use it alone, and some should. Others are holding files with gaps a manufacturer will exploit. The honest answer depends on your record, which is exactly what the free case check looks at.
Money
What a claim costs, what a refund includes, and how the math works.
What does this cost me?
Florida's Lemon Law allows a consumer who prevails to recover attorney fees from the manufacturer. If there is no recovery, you owe us no attorney fee. Court costs and expenses may apply and are explained in writing before we begin.
What does a refund include?
The full purchase price, collateral charges like sales tax, tag, and title fees, and the finance charges you have paid so far. The one deduction is the use offset for the miles you drove before the first repair attempt.
What is the use offset?
A deduction for the use you got from the vehicle before the trouble started. The formula: purchase price, times the miles driven before the first repair attempt, divided by 120,000. Pay $40,000 and drive 6,000 miles before the first repair visit, and the offset is $2,000.
Can I get a replacement vehicle instead of money?
Yes. The statute lets you choose a comparable new vehicle, acceptable to you, with reasonably incurred collateral charges covered. We help you run the numbers on both remedies before you decide anything.
I still owe on my car loan. How does that work?
The refund process pays off the lien. The manufacturer’s repurchase covers what you have paid plus the loan payoff, with the lienholder made whole before you receive your share. Bring your loan statement to the case check so the math starts accurate.
How long does the whole thing take?
The statute runs on defined clocks: 10 days for the manufacturer to respond to the defect notice, 10 more for the final repair attempt, and arbitration hearings are scheduled on a set timetable. Timelines vary case by case. Past results do not predict future outcomes.
Situations
The messy real-world scenarios that do not fit the clean examples.
The dealer says it cannot reproduce the problem. Does the visit still count?
Document it anyway. Make sure the repair order records your complaint in your words, even if the shop writes "could not duplicate." A pattern of no-fix visits for the same symptom is still a pattern, and intermittent defects are some of the most common lemons.
The same defect came back after they said it was fixed. Now what?
That next visit is another repair attempt for the same nonconformity, and it strengthens the count. Bring the old repair orders with you so the new write-up ties the recurrence to the earlier visits.
The manufacturer offered me a buyback directly. Should I take it?
Measure it against your statutory number first. Direct offers often quietly skip collateral charges or inflate the use offset. Get the offer in writing, run the math the statute requires, and then decide with full information.
My car was totaled while the claim was pending. Is it over?
Not necessarily, but the path changes, because the remedy attaches to the vehicle. Insurance, the lienholder, and the claim all interact, and timing matters. Get advice on the specifics quickly.
Two of us co-signed the loan. Who brings the claim?
Both names belong on the claim, since both of you have a stake in the refund and the loan payoff. It mostly changes paperwork, not strategy, but signatures and notices need to include the right people.
My company owns the vehicle. Can a business file?
Often yes. A vehicle bought for business use can still qualify if it fits the statute’s definitions, including weight limits and how many vehicles the business registers. Fleet-scale buyers face extra hurdles, so this one is worth a specific look.
Didn't find your question?
The 80+ guides go deeper on every topic here, or just ask us directly. The case check is free, and so is calling (305) 792-9100.
Stop paying for their mistake.
Two minutes. A few questions about your vehicle and its repair history. You will know where you stand before you finish your coffee.
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