Florida lemon law used car rules: when Florida law or federal law covers you

Florida lemon law used car rules are narrow. Chapter 681 covers a used car only in its first 24 months since new delivery. Federal law adds rights if the sale came with a written warranty.

TL;DR: Florida lemon law used car rights span two laws, but they help only some buyers. Chapter 681 covers a used car only in the first 24 months after new delivery. A written warranty may give added rights under the federal Magnuson Moss Warranty Act.

This guide has two parts. The first looks at Florida lemon law. The second looks at the federal Magnuson Moss Warranty Act.

Florida lemon law used car rights rest in two laws. The state law is Chapter 681 of the Florida Statutes. Lawyers call it the Motor Vehicle Warranty Enforcement Act.

The federal law is the Magnuson Moss Warranty Act. It sits in 15 U.S.C. §§ 2301 to 2312. If you live outside Florida, your state has its own lemon rules.

Does Florida lemon law apply to used vehicles?

Florida lemon law Chapter 681 covers new motor vehicles. Section 681.102, Florida Statutes, defines a motor vehicle as a new vehicle sold in Florida. The term also covers a demo car and some leased cars.

Chapter 681 can reach a used car in one setting. Section 681.102 covers each person the car moves to during the lemon law rights span. That span runs 24 months from the first new car delivery.

So Florida lemon law applies to used vehicles only in those first 24 months. After the span ends, Chapter 681 stops. A lease of one year or more counts the same as a sale.

How do Florida used car laws connect with federal law?

Florida used car laws for lemon claims stop at 24 months. The federal Magnuson Moss Warranty Act has no fixed cut off. It covers a used car if the sale came with any written warranty.

The federal law sits in 15 U.S.C. §§ 2301 to 2312. It defines a consumer product and a written warranty. A used car with a written warranty from a dealer or a maker fits both.

Section 2308 bars a supplier from cutting an implied warranty when the supplier gives a written one. The federal law runs as long as the written warranty runs.

A used car sold as is with no written warranty is not covered by the federal law.

What about a Florida lemon law private seller sale?

A Florida lemon law private seller sale is not covered by Chapter 681. The state law speaks to a motor vehicle maker and its service agent. A private seller is neither of those.

The federal Magnuson Moss Warranty Act may still help. It covers any supplier who gives a written warranty. A private seller rarely gives one.

If the private seller used fraud, other Florida laws may apply. Those rules sit outside this guide. See our used car fraud guide for a plain look.

How does lemon law in Florida for used cars work in practice?

Lemon law in Florida for used cars works in a narrow slice. The used car must sit in its first 24 months since new delivery. You take the car to a maker service shop for a defect under the warranty.

The shop must fix it at no cost while the warranty is live. After three failed repair tries on the same defect, you send written notice to the maker. The notice goes by registered or express mail.

The maker then has 10 days to try a final repair. That final repair itself must happen within 10 more days at a fair shop. For a motor home the maker has 45 days.

These steps sit in Section 681.104, Florida Statutes.

A used car out of service 15 or more days during the rights span needs a second notice. The maker then gets a chance to inspect or fix the car.

What refund or replacement can a used car buyer ask for?

The rules for a covered used car buyer match those for a new car. After the repair tries fail, the law gives two paths.

You can ask for a full refund, less a mileage offset for use. You can ask for a new motor vehicle in place of the old one. You pick which path.

The law gives you a firm right to the refund over the new car. The refund also covers taxes, title fees, and other charges tied to the sale. The maker has 40 days to pay the refund or deliver the new vehicle.

These rules sit in Section 681.104, Florida Statutes.

How do you file a claim under Florida lemon law?

You first use the maker informal path if the state has approved it. If the maker has none, your claim goes to the Florida New Motor Vehicle Arbitration Board. The same path opens if the maker path cannot fix the problem.

The board is a state panel of three members. It must hear the case within 40 days of a yes from the state. It must issue a written ruling within 60 days of that yes.

A party may appeal the board ruling in a Florida circuit court within 30 days. These rules sit in Section 681.109, Florida Statutes.

To file a claim with the board, you file within 60 days. The clock runs from the end of the lemon law rights span. A used car buyer counts the 24 months from the first new delivery to the first owner.

How does Magnuson Moss help a used car buyer?

The federal Magnuson Moss Warranty Act sits in 15 U.S.C. §§ 2301 to 2312. It covers any consumer product with a written warranty. A used car sold with a dealer warranty fits that rule.

A certified used car from a dealership often carries such a warranty. Section 2310(d) lets a consumer sue for damages when a warrantor fails to honor its written warranty. A winning consumer may also recover costs and attorney fees.

You may file a claim in state court or in federal court. The federal law has no fixed span like the 24 months in Florida. The law reads the written warranty itself for how long it runs.

A used car dealership warranty of 30 days may last only 30 days.

Can you sue the dealer or the maker in court?

Yes, in some cases. Section 681.112, Florida Statutes, lets a covered consumer file a court action for damages. A consumer who wins gets money loss, costs, and fair attorney fees.

The action must start within one year after the lemon law rights span ends. If you used the state board, the window is one year after the final board ruling.

The federal Magnuson Moss Warranty Act gives a like path. 15 U.S.C. § 2310(d) lets a consumer sue in state or federal court. A lemon law attorney who takes the case may collect fees from the warrantor.

For more Florida guides, see our Florida used car hub. You may also want to read our main guide on how Florida lemon law protects a new car buyer.

What this article does not cover

This guide explains Florida lemon law used car rules in short, plain words. It leaves some points out on purpose:

• Any 3-day right to cancel a used car sale.
• Rules on a used car return under other Florida laws.
• The exact math on a mileage offset in a refund.
• Dealer fraud under the Florida Deceptive and Unfair Trade Practices Act.
• State lemon law rules for any state outside Florida.
• The mediation path for a used motor home.

This guide does not say whether what is happening to you breaks the law. It states the rules in short words, so you know where to look.

Frequently asked questions

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.