Yes, Florida lemon law covers a new car that keeps breaking. Here is how it works
Yes. Florida lemon law covers a new car that keeps breaking under the maker warranty.
TL;DR: Florida lemon law gives protection to a new vehicle buyer whose car keeps breaking under the warranty. After three failed repair tries, the maker owes you a refund or a replacement vehicle. The Florida lemon law time limit for a state claim is sixty days after the rights period ends.
Florida's lemon law is the state Motor Vehicle Warranty Enforcement Act, in Chapter 681 of Florida Statutes. The law provides protection to a new car buyer or lessee for the first 24 months after delivery. If you live outside Florida, your state has its own lemon rules.
What is Florida lemon law?
Florida lemon law pushes a car maker to fix a defective car while under warranty. The law targets a defect that hurts the use, value, or safety of the car.
The maker, or its service shop, must fix the problem at no cost to you while the warranty is live. If the maker fails to fix it after a fair number of tries, the law provides two paths.
You can ask for a refund of the price you paid. You can ask for a new car in place of the old one. These lemon law rights sit in Sections 681.102 and 681.103, Florida Statutes.
Does Florida lemon law cover any kind of car?
Florida lemon law new car coverage applies to a motor vehicle sold or leased in Florida with a maker warranty. The term covers a car, a truck under ten thousand pounds, and some leased cars.
A lease of one year or more under a written lease agreement counts. It also covers a demo car when it carries a maker warranty.
It does not cover a motorcycle, a moped, or an off-road vehicle. It does not cover the living space inside a motor home. It does not cover a defect caused by a crash, by abuse, or by changes you had made.
The scope rules are in Section 681.102, Florida Statutes.
How does Florida lemon law work?
First, you take the car to the maker service shop while the warranty is live. The shop must fix a defect under the warranty at no cost to you. Each repair order should show the test drive, the problem, and the parts and labor.
After three repair tries on the same defect, you send a written notification to the maker. You send it by registered or express mail. The maker then has ten days to let you book a final repair.
The final repair itself must happen within ten more days. For a motor home the maker has forty-five days. If the car is out of service for fifteen days total, send another written notification.
The notification rules sit in Section 681.104, Florida Statutes.
What is the Florida lemon law time limit for a claim?
The lemon law rights period runs 24 months from the day you took delivery of the new vehicle. A defect that first shows up in those 24 months counts for the law. The maker must still fix such a defect even after the rights period ends.
The Florida lemon law time limit to file a claim is a hard rule. You must file a claim no later than sixty days after the rights period ends. The two time rules sit in Sections 681.102 and 681.109, Florida Statutes.
What refund or replacement can you ask for?
The law gives two paths after a fair number of repair tries have failed. You can ask for a refund of the full price, less a mileage based offset. You can ask for a replacement vehicle in place of the old one.
You pick which path. The law gives you an unconditional right to the refund over the new car. The refund also covers taxes, title fees, and other charges tied to the sale.
Three repair tries on the same defect plus one final try usually meet the fair tries rule. Thirty total days out of service during the rights period also meet it. The maker then has forty days to pay the refund or deliver the new car.
These remedy rules sit in Section 681.104, Florida Statutes.
How do you file a Florida lemon law claim?
To file a claim, you must first use the maker own path if the state has certified it. If the maker has none, your lemon law claim goes to the Florida New Motor Vehicle Arbitration Board. The same path opens when the maker path cannot fix the problem.
The board is a state panel of three members. The board must hear the case within forty days of a yes from the state. It must issue a written ruling within sixty days of that yes.
A party may appeal the board ruling in a Florida circuit court within thirty days. The board process and the appeal rule sit in Section 681.1095, Florida Statutes.
Can you sue the car maker in court?
Yes. Section 681.112, Florida Statutes, lets a consumer file a court action for damages caused by a Chapter 681 violation. A consumer who prevails in that action gets pecuniary loss, costs, and reasonable attorney's fees.
The fee shifting rule means a lemon law lawyer who wins a case can collect fees from the maker. The client does not pay those fees.
The court action must start within one year after the rights period ends. If you used the state board, the window is one year after the final board action.
For more Florida guides on car problems, see all of our used car guides. You may also want to read why odometer rollback is illegal in Florida.
What this article does not cover
This article explains the Florida lemon law in short, plain words. It leaves some things out on purpose:
- Rules for a used car bought from a dealer.
- The federal Magnuson Moss Warranty Act for a used car with a warranty.
- The lemon law for a motor home with a mediation path all its own.
- The exact math on a mileage based offset in a sale or a lease.
- Any claim for money for a crash, a repair bill, or lost wages.
It also does not say whether what is happening to you breaks the law. It states the rules in plain words.
Frequently asked questions
What is Florida lemon law?
Florida lemon law is a state statute. It gives protection to a new car buyer when the maker fails to fix a defective car. The law provides a refund or a new car in its place.
What is the Florida lemon law time limit?
The rights period runs 24 months from the day you take delivery of the new car. You must file a claim with the state within sixty days after the rights period ends.
How does Florida lemon law work?
You take the car to the maker service shop for repair tries. Three failed tries, or thirty days out of service, triggers a refund or a new car. You pick which one.
Educational only. Not legal advice.
Nothing here is legal services or advice about your situation. I am not available to represent you or to review your case. Reading this article does not create an attorney-client, fiduciary, or advisory relationship. Used-car laws, lemon laws, and consumer-protection statutes vary by state. Verify every rule, deadline, and remedy against the law where you live. If you have a problem like the one described above, the strongest protection is a consumer-protection attorney licensed in your state. Many consumer-protection statutes include fee-shifting and damages multipliers, which often makes representation affordable.