Lemon Law

You bought your new vehicle expecting reliability. Instead, you’re stuck with the same unresolved issue, service appointments that never fix the problem, and a manufacturer that keeps pushing you in circles. If your vehicle spends more time in the service bay than on the road, Florida’s Lemon Law may be on your side. It exists to protect consumers when a new car has a substantial defect that the manufacturer can’t (or won’t) repair within a reasonable time, offering an avenue to receive refunds, replacements, or other compensation.

At The Nation Law Firm, we help our community enforce their rights, handle the documentation and deadlines, and challenge manufacturers who refuse to make things right. Our team has a long history of success, and it costs nothing upfront to team up with us. Get started today with a free case evaluation.

What Qualifies as a “Lemon” Under Florida’s Lemon Law

Under Florida law, a vehicle qualifies as a “lemon” if it has a substantial defect that the manufacturer cannot repair within a reasonable number of attempts, and that defect seriously affects the car’s use, value, or safety.

Your situation must also meet the following criteria:

• The vehicle must be new or demonstrator and purchased or leased in Florida for personal, family, or household use (not commercial use)
• The defect must be substantial, as minor cosmetic or comfort issues generally don’t qualify
• The defect must arise within the first 24 months after the date of delivery
• Three or more repair attempts for the same defect with no resolution, or your vehicle is out of service for 15 or more cumulative days because of the repair.

If the manufacturer fails to fix the problem within this timeframe and you’ve followed the proper notice procedures, you may be entitled to a replacement vehicle or a full refund. There are strict timelines and notice requirements, so make sure to act quickly.

Vehicles Covered Under Florida’s Lemon Law

Florida’s Lemon Law Rights Period covers the first 24 months after the vehicle is delivered to its original owner or lessee, and it only applies to certain types of vehicles. The law focuses on new vehicles intended for personal or family use, with specific limits on what’s included and what’s excluded.

What’s Covered

If your car falls into one of these categories, it may qualify:

• New vehicles purchased or leased in Florida for personal, family, or household use
• Demonstrator vehicles, which are often used for test drives by dealerships before sale
• Transferred vehicles still within the original 24-month Lemon Law rights period, if the defect first occurred during that time

What’s Not Covered?

Some vehicles are excluded from Lemon Law protections, even if they have defects:

• Used vehicles that fall outside the original 24-month period
• Motorcycles, mopeds, and off-road vehicles
• Heavy-duty trucks weighing over 10,000 pounds
• Vehicles used primarily for business or commercial purposes, including fleet and delivery vehicles

Even if your vehicle doesn’t meet Lemon Law criteria, other legal remedies may still be available under federal warranty law or deceptive trade practices statutes.

Common Defects That Lead to Lemon Law Claims

Florida’s Lemon Law applies to substantial, non-repairable defects that impact the vehicle’s safety, use, or value. These issues often appear early in ownership and don’t disappear despite repeated attempts.

Some of the most common defects include:

• Engine problems, such as stalling, failure to start, or excessive oil consumption
• Transmission issues, like slipping, jerking, or failure to shift
• Electrical system failures, including faulty wiring, battery drain, or inoperative lights
• Brake malfunctions, especially when they affect stopping distance or safety
• Steering problems, like drifting, stiff turning, or erratic response
• Airbag or safety system failures, including dashboard warning lights that won’t resolve
• Recurring check engine lights without a permanent repair
• Water leaks or structural issues affecting windows, doors, or the roof

The line between what does and doesn’t fall under Lemon Law isn’t always clear, and insurance companies play on the ambiguity. If you’re unsure of whether your situation qualifies, it’s always best to speak with a legal expert, like The Nation Law Firm.

5 Steps to Take When Your Vehicle Is a Lemon

If you believe your situation qualifies under Florida’s Lemon Law, here’s what to do:

1. Document Every Repair Attempt: Keep all service records, work orders, and receipts. Make sure each visit clearly lists the problem reported and the attempted repair.
2. Track the Time Your Vehicle Is in the Shop: Record the number of days your car is out of service for repairs. Once the timeline surpasses 15 cumulative days, your vehicle may qualify under Florida law.
3. Give the Manufacturer One Last Opportunity: If your vehicle still isn’t fixed, Florida law requires you to send a Motor Vehicle Defect Notification to the manufacturer. If they don’t respond within a reasonable period or continue to drag you along, you should move to the next step.
4. Use the State Arbitration Program (If Required): Some manufacturers require you to go through an approved arbitration process before filing a lawsuit. In Florida, this is handled by the Department of Agriculture and Consumer Services.
5. Consult a Lemon Law Attorney: Our team can help ensure your documentation is airtight, represent you during arbitration, and take legal action if the manufacturer refuses to cooperate.

The claims process isn’t easy or straightforward. For the easiest path forward, team up with The Nation Law Firm with a free case evaluation.

Role of Arbitration in Lemon Law Claims

Under Florida law, many vehicle owners must go through arbitration before they can take legal action against the manufacturer. This step is designed to offer a faster, more cost-effective way to resolve disputes, but it’s not always in your favor.

Two Arbitration Paths in Florida

Most manufacturers have dispute resolution programs, which are state-approved claims processes designed to assist consumers and avoid the courts. If the manufacturer of your vehicle has one, participation is required before you can move forward with a formal Lemon Law lawsuit. 

If the manufacturer doesn’t offer a certified program or their process doesn’t resolve the issue, you may be eligible to file with the Florida New Motor Vehicle Arbitration Board. This is a neutral, state-run board operated by the Florida Department of Agriculture that hears Lemon Law disputes and makes a final decision on your claim. 

Arbitration can result in a refund, vehicle replacement, or further repairs, but your documentation must be airtight. You must also file within 60 days of the Lemon Law rights period ending, or you may lose your eligibility.

Rights and Obligations of Vehicle Owners

Florida’s law offers just as many responsibilities as it does protections. As a vehicle owner seeking help under Lemon Law, you’re responsible for:

• Reasonable Attempts to Repair: This means allowing multiple repair attempts or notifying the manufacturer in writing once the defect continues.
• Sending a Motor Vehicle Defect Notification (MVDN): If you’ve endured three unsuccessful repair attempts or the vehicle has been out of service for 15+ cumulative days, you have a responsibility to send the manufacturer a written notice, containing a final opportunity to repair the vehicle under the law. This triggers a 10-day window for the manufacturer to schedule a repair.
• Staying Within Deadlines: You must file for arbitration within 60 days after the 24-month Lemon Law Rights Period ends. Missing this deadline may forfeit your eligibility.
• Preserving All Documentation: Without clear paperwork, your situation quickly becomes a he said/she said. Keep repair orders, work summaries, and communication with the manufacturer to back up your claim from all angles.

How Manufacturers Handle Lemon Law Claims

Most people expect the manufacturer to step up, honor their situation, and make it right. But that’s not always what happens. Some manufacturers cooperate quickly, while others drag their feet, push for more repair attempts, or offer less than what you’re owed. 

Here are the most common outcomes after filing a Motor Vehicle Defect Notification (MVDN):

• Buyback (Repurchase): Often the fastest resolution, the manufacturer may agree to buy back the vehicle for its purchase price (minus a mileage-based deduction for use).
• Replacement Vehicle: They may offer to swap your car for a similar new model. You don’t have to accept a replacement if you’d prefer a refund.
• Final Repair Offer: If you haven’t submitted a proper MDVN, the manufacturer may push for one more repair attempt before offering anything else.
• Dispute or Denial: Some manufacturers try to avoid responsibility by claiming the defect isn’t serious, blaming wear and tear, or arguing the vehicle was misused.

Even a positive outcome might not be in your best interest. If you’re unsure of whether the manufacturer of your vehicle is offering fair value, The Nation Law Firm is here to help.

Legal Remedies Beyond Lemon Law

If your vehicle doesn’t meet the strict Lemon Law criteria or if the manufacturer refuses to cooperate, other legal avenues may still allow you to find a resolution.

Some options include:

• Breach of Warranty Claims: If your manufacturer’s warranty covers the defect, you may be able to pursue a claim for failing to honor the warranty, even if it doesn’t meet Lemon Law timelines or thresholds.
• Federal Magnuson-Moss Warranty Act: This federal law protects consumers from defective products, including vehicles, and may allow you to recover legal fees and damages if a manufacturer fails to repair a warranted defect.
• Deceptive or Unfair Trade Practices (FDUTPA): If the dealership or manufacturer knowingly sold you a defective vehicle or misrepresented its condition, you may have a claim under Florida’s consumer protection laws.
• Negligence or Fraud Claims: In rare cases, legal action may be based on misrepresentation, concealment of damage, or failure to disclose known issues before sale.

These paths require experienced representation, like The Nation Law Firm. We can help you learn more about whether these options apply to your situation or the best path forward.

Common Mistakes in Lemon Law Cases

Any legal situation comes with its complexities, and it’s not uncommon for mistakes to trip someone up during the process. Knowing these common hurdles puts you one step ahead, increasing your likelihood of reaching the best possible outcome.

Here are some mistakes to avoid:

• Missing key deadlines, like the 60-day arbitration filing window after the Lemon Law Rights Period ends.
• Failing to send the required Motor Vehicle Defect Notification (MVDN) to the manufacturer before pursuing arbitration or legal action.
• Not keeping complete repair records, relying only on the dealership to relay information, and forgetting to get copies of work orders.
• Letting the dealership handle everything, assuming they’re notifying the manufacturer or keeping proper documentation.
• Accepting a lowball settlement without understanding the full value of your buyback or replacement rights.
• Waiting too long to involve an attorney, especially if you’re facing pushback or delays from the manufacturer.

Florida’s Lemon Law has strict requirements, and the system often favors manufacturers who know the process better than most consumers. The Nation Law Firm can help you avoid these pitfalls and take control of your claim, starting on day one.

How Attorneys Help with Lemon Law Claims

Manufacturers have legal teams trained to minimize payouts. You should have someone in your corner, too.

If you’re dealing with a defective vehicle, endless repairs, or pushback from the manufacturer, Florida’s Lemon Law gives you powerful rights, but the process can be frustrating, technical, and filled with red tape. That’s where we come in.

Since 1997, we’ve helped Florida drivers get real answers and real compensation after being sold vehicles that never should’ve left the lot. From documentation to arbitration to court, we take on the hard part so you can focus on moving forward.

Complete a free case evaluation to get started with no upfront costs.

Frequently Asked Questions

What is Florida’s Lemon Law, and how does it protect consumers?

Florida’s Lemon Law protects buyers or lessees of new vehicles that develop substantial defects within the first 24 months. If the manufacturer fails to fix the issue after a reasonable number of repair attempts, you may be entitled to a refund or replacement.

How do I know if my vehicle qualifies as a “lemon” under Florida’s Lemon Law?

Your vehicle may qualify if it has a serious defect that began within 24 months of delivery, wasn’t repaired after multiple attempts, or was out of service for at least 15 cumulative days due to repairs.

What are the key steps I must take to file a Lemon Law claim?

You’ll need to document all repair attempts, send a Motor Vehicle Defect Notification (MVDN) to the manufacturer, and complete any required arbitration before pursuing legal action.

How many repair attempts must the manufacturer make before my vehicle qualifies as a lemon?

Typically, three failed repair attempts for the same issue or 15+ days out of service qualify your vehicle under Florida’s Lemon Law—if the defect affects safety, use, or value.

Does the Lemon Law apply to leased or demonstrator vehicles?

Yes. Leased and demonstrator vehicles are covered if they were acquired in Florida and used primarily for personal, family, or household purposes.

What should I do if my Lemon Law claim is denied by the manufacturer?

If your claim is denied, you can pursue state-run arbitration or legal action. Our team can help strengthen your case and challenge the denial.

What is the role of arbitration in resolving Lemon Law disputes?

Arbitration is a required step for many claims and gives both parties a chance to resolve the issue without going to court. In Florida, arbitration can be done through a manufacturer’s certified program or the state’s arbitration board.

Can I file a Lemon Law claim if my vehicle’s warranty has expired?

Yes, if the defect first occurred within the 24-month Lemon Law Rights Period, your claim may still qualify, even if the warranty has expired.

What documentation do I need to prove my vehicle is a lemon?

You’ll need detailed repair records, dates of service, descriptions of the defect, and a copy of your MVDN. Keeping a timeline of communication with the manufacturer is also helpful.

How can an attorney help me with a Lemon Law arbitration or lawsuit?

Our team can help ensure your documentation is complete, represent your interests in arbitration, and hold the manufacturer accountable in court if needed, all while helping you pursue the strongest possible outcome.