Lemon Law in Florida
Buying a car in Florida has become increasingly expensive. As of May 2025, the average price for a new vehicle in the U.S. is $48,699, while the average used car in Florida costs approximately $34,519.
With such significant investments, it’s crucial to ensure that the vehicle you purchase is reliable.
If you find yourself with a defective car, Florida’s Lemon Law may offer protection. Understanding your rights can help you seek a refund or replacement without bearing the financial burden of a faulty vehicle.
Use this guide as an opportunity to plan ahead and get a referral to a local lemon law lawyer.
What Is a Lemon Law?
Florida’s lemon law is a consumer protection statute designed to help car buyers stuck with defective vehicles. To qualify, the problem must be a significant defect that’s not caused by misuse, neglect, or normal wear—and it must be covered under the manufacturer’s warranty.
You may have a claim if repair attempts have not fixed the impact on the car’s safety, value, or use.
When Do Florida Lemon Laws Apply?
In Florida, lemon law protections apply to new vehicles and demonstrator models—and in certain cases, certified pre-owned vehicles if they’re sold with a manufacturer-backed warranty. To qualify, the defect must be serious and unresolved, despite giving the manufacturer a fair chance to fix it.
Here’s what typically must apply under Florida’s lemon law and applicable federal standards:
- Covered vehicle type – The law applies to new or demonstrator vehicles purchased or leased in Florida. Certified pre-owned cars may qualify if sold with the original manufacturer’s warranty still in effect.
- Repeated repair attempts – The manufacturer or authorized dealer must have made several attempts to repair the issue. The exact number may vary depending on the nature of the defect and how the court interprets “reasonable.”
- Timeframe for defects – The defect must occur and be reported within the first 24 months after the delivery date of the vehicle.
- Significant downtime – The vehicle has been out of service for repairs for a total of 30 or more cumulative days—not necessarily consecutive.
How Do You Ensure the Application of Lemon Laws?
If you’re considering a lemon law claim in Florida, a few smart steps can help you build a stronger case. From how you handle repairs to how you document your experience, following the right process is key to preserving your rights and improving your chances of success.
Here are some best practices for Florida consumers:
- Always return to the dealership or an authorized repair center. Avoid using independent mechanics. Repairs must be made by someone the manufacturer recognizes to count toward a valid claim.
- Keep a complete record of every repair. Save service receipts, warranty paperwork, and written communications. These documents help prove the manufacturer had a fair opportunity to fix the issue.
- Act within the required timeframe. Florida law requires that you report the defect—legally called a “nonconformity”—within 24 months of receiving the vehicle.
- Understand what qualifies. Florida’s Lemon Law covers defects that significantly affect the car’s use, safety, or value. Superficial issues or damage from wear and tear typically don’t apply.
According to the Florida Attorney General, the state’s Lemon Law applies to new and demonstrator vehicles and offers protection for consumers dealing with serious, warranty-covered defects. To qualify, the issue must be reported within two years of delivery.
What Exactly Are Consumers Entitled To Under Lemon Laws?
If your vehicle qualifies under Florida’s Lemon Law, you may be entitled to a refund or a comparable replacement. The law is clear: if the manufacturer can’t fix the problem after a reasonable number of attempts, they’re responsible for making it right. That said, they can deduct a usage fee based on the miles you drove before the defect rendered the car unreliable.
A successful lemon law claim in Florida may include compensation for:
- Your original down payment
- Registration and title fees paid to the Florida Department of Highway Safety and Motor Vehicles
- State sales tax included in your purchase price
- Rental car expenses incurred while your vehicle was being repaired
- Loan payments made during the period the vehicle was not drivable
- Towing costs directly related to the defect
- Attorney’s fees and court costs, if your case resolves in your favor
Do Lemon Laws Apply to Used Vehicles?
Florida’s lemon law protections apply only to new and demonstrator vehicles—used cars, even those sold with warranties, are not covered under the statute. While some states offer protections for certified pre-owned vehicles, Florida law does not extend lemon law coverage to used cars.
According to the Florida Highway Safety and Motor Vehicle Department, only first-time buyers of new or demonstrator models qualify for lemon law protection in the state.
When Should You Hire a Qualified Florida Lemon Law Attorney?
If your new vehicle has been in the shop repeatedly—or out of service for 30 or more days—and the defect still isn’t resolved, it may be time to explore legal action. An experienced Florida lemon law attorney can help you determine whether you’re entitled to a refund, replacement, or additional compensation under state law.
How Does the Lemon Law Litigation Process Work?
Navigating Florida’s Lemon Law process can feel overwhelming, but enlisting the help of an experienced attorney can streamline the journey and enhance your chances of a favorable outcome. Here’s what you can typically expect when working with a lemon law attorney:
- Free Case Evaluation: Attorneys often begin with a complimentary assessment to determine if your situation qualifies under Florida’s Lemon Law.
- Claim Filing: Your attorney will assist in filing the necessary paperwork with the manufacturer, ensuring all details about the defects and repair attempts are accurately documented.
- Manufacturer Response: The manufacturer may offer a settlement or dispute the claim. If unresolved, your attorney can guide you through the next steps.
- Arbitration Process: Before pursuing litigation, Florida law requires consumers to attempt resolution through arbitration. If the manufacturer has a state-certified informal dispute settlement program, you must first seek relief through that program. If dissatisfied or if no such program exists, you can apply to the Florida Attorney General’s Office for arbitration. This process is designed to be more expedient and less formal than court proceedings.
- Settlement or Verdict: Should arbitration not yield a satisfactory result, your attorney can help you pursue further legal action to seek compensation, which may include a refund, replacement vehicle, or other remedies as outlined by the law.
It’s important to note that while legal representation is not required during the arbitration process, having an attorney can provide valuable guidance and support. The Florida Attorney General’s Office oversees the arbitration program and can provide additional information and resources.
Work With an Experienced Lemon Law Attorney in Florida
If you’re stuck with a defective vehicle in Florida and the dealership or manufacturer hasn’t made it right, don’t wait to take action. We can connect you with a skilled Florida lemon law attorney who understands the state’s legal process—from arbitration to final resolution. We can even help you connect with an attorney across Florida state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lemon law attorney in Florida!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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