Consumer protection guide · FL

Florida Lemon Law

Under Florida's lemon law, a new vehicle qualifies as a lemon after 3 unsuccessful repair attempts or 30 cumulative days out of service, entitling the buyer to a refund or a replacement vehicle.

Florida Motor Vehicle Warranty Enforcement Act

StatuteFla. Stat. § 681.101 et seq.· Enacted 1983

Last reviewed

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24 mo

Coverage period

3

Repair attempts

30 days

Days out of service

Cumulative for warranty work

1 yr

Statute of limitations

After the 24-month rights period, or after a dispute program's final action

If you bought or leased a new vehicle in Florida that keeps going back to the dealer for the same unresolved defect, you may be protected under Florida Motor Vehicle Warranty Enforcement Act (enacted 1983), codified at Fla. Stat. § 681.101 et seq. This guide explains — in plain English — how the law works, what qualifies a vehicle as a lemon in Florida, what remedies you can demand from the manufacturer, and how to file a claim. It is not legal advice; when a real dispute emerges you should consult a licensed Florida consumer attorney.

What the Florida lemon law covers

New vehicles Leased vehicles

Qualifying criteria

The law covers new vehicles and leased vehicles. The defect must appear within the first 24 months of original delivery. The manufacturer or its authorized dealer must have had at least 3 opportunities to fix the same defect. OR the vehicle must have been out of service for at least 30 cumulative days for warranty repairs during the coverage period.

Your remedies

If your vehicle qualifies, the Florida lemon law requires the manufacturer to provide a refund or a replacement vehicle. The statute (Fla. Stat. § 681.101 et seq.) decides who chooses between them, what a refund must include — often the purchase price plus taxes and fees — and how much the manufacturer may deduct for your use of the vehicle. A replacement must be comparable to the vehicle it replaces. If you win, Florida law can also make the manufacturer pay your reasonable attorney's fees, which is why many lemon-law attorneys take these cases without an upfront fee.

refund
replacement vehicle

How to file a Florida lemon law claim

Here is how a typical Florida lemon-law claim unfolds: (1) Keep every repair order the dealer gives you — dates, mileage, the defect description, and the parts replaced. These become your evidence. (2) Send the manufacturer written notice of the defect after the third or fourth repair attempt and request a final repair opportunity. (3) Go through the Florida New Motor Vehicle Arbitration Board before going to court for a lemon-law remedy — Florida requires this step. (4) File before the deadline: generally 1 year (after the 24-month rights period, or after a dispute program's final action). Confirm the exact date for your claim with a Florida lemon-law attorney.

Notice requirement

Florida requires written notice to the manufacturer by registered or express mail: after 3 repair attempts for the same defect, so it can make a final repair attempt, and once the vehicle has been out of service 15 or more cumulative days, so it can inspect or repair the vehicle. The 30-day presumption (60 days for a recreational vehicle) applies only if the manufacturer had at least one chance to inspect or repair the vehicle after that 15-day notice (Fla. Stat. § 681.104(1), (3)(b)).

Required arbitration program

Florida New Motor Vehicle Arbitration Board

Federal backup: Magnuson-Moss Warranty Act

Whether or not your claim fits the Florida lemon law, the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) provides an independent cause of action whenever a written warranty has been breached. Magnuson-Moss applies in every state, allows you to recover attorney’s fees and costs from the manufacturer when you prevail, and covers used vehicles sold with an express written warranty — filling many of the gaps that narrow state lemon laws leave open.

Florida lemon law FAQs

Under Fla. Stat. § 681.101 et seq., a vehicle qualifies as a lemon in Florida if it has a defect covered by the manufacturer's express warranty that substantially impairs its use, value, or safety and (a) the manufacturer or authorized dealer has attempted to repair the same defect 3 times without success, or (b) the vehicle has been out of service for warranty repairs for at least 30 cumulative days — all within the first 24 months of the original delivery date.

Lemon laws in other states

Check a Florida VIN for a lemon-law buyback before you buy

Many states require a manufacturer buyback to be branded on the title (California’s “Lemon Law Buyback” brand, for example), but not all do — some only require a written disclosure to the next buyer. A full vehicle history report shows title brands where they were reported; the free VIN check does not.