Note:  In Florida lemon law only applies to new cars from the dealership, not used cars, preowned cars, and certified pre-owned cars.  

If you have ever bought or leased a car in Florida, you should know about the Lemon Law. This Law protects consumers who have purchased or leased a defective vehicle. This guide will discuss everything you need to know about the Lemon Law in Florida. We will cover what qualifies as a lemon, how to file a claim, and what remedies are available under the Law.

What is the Lemon Law?

The Lemon Law is a state law that protects consumers who have purchased or leased a defective vehicle. The Law covers vehicles such as cars, trucks, boats, RVs, ATVs, SUVs, and motorcycles. To be covered under the Lemon Law, you must have purchased or leased the vehicle in Florida. The vehicle must also be covered.

The Law requires manufacturers to provide a refund or replacement for lemons. To qualify as a lemon, the vehicle must have one of the following defects:

-A serious safety defect that affects the structure, performance, or safety of the vehicle

-A defect that prevents the vehicle from operating in accordance with the manufacturer’s warranty

-A defect that substantially impairs the use, value, or safety of the vehicle

What qualifies as a lemon under the Law?

Under the Law, a lemon is defined as a motor vehicle with one or more manufacturing defects that substantially impair the vehicle’s use, value, or safety. To be considered a lemon, the defect must occur during the first 24 months after the date of purchase or lease or within the first 18,000 miles driven, whichever comes first.

What defects are covered under the Lemon Law?

The Law covers any manufacturing defect that substantially impairs the vehicle’s use, value, or safety. This includes engine problems, transmission issues, and electrical defects.

What if you can’t get the manufacturer to fix the defect?

Suppose you cannot get the manufacturer to repair the defect after a reasonable number of attempts. In that case, you may be entitled to a refund or replacement under Lemon Law. To qualify for a refund or replacement, you must have notified the manufacturer of the defect in writing and given them a reasonable amount of time to repair the issue.

How does the state Lemon Law work?

If your vehicle qualifies as a lemon, you may be entitled to a refund or replacement of the vehicle. The Law requires manufacturers to provide a refund or replacement for lemons. To qualify for a refund or replacement, you must notify the manufacturer of the defect and give them a reasonable opportunity to repair the problem.

You may also be entitled to reimbursement for certain expenses, such as towing and rental car costs. If unsatisfied with the manufacturer’s response, you can file a claim with the Florida Attorney General’s Office.

How do you file a Lemon Law claim?

If you believe you have a lemon, you should contact your vehicle manufacturer and notify them of the problem. Filing a claim takes the following steps:

1. Gather all documentation relating to the purchase or lease of your vehicles, such as the contract, warranty, repair orders, and correspondence with the manufacturer.

2. File a complaint with the Florida Attorney General’s Office, and Include all relevant documentation with your complaint.

3. The Attorney General’s Office will investigate your claim and may contact the manufacturer on your behalf.

4. If the Attorney General’s Office finds that your vehicle is a lemon, they will attempt to resolve the issue through mediation.

5. If mediation is unsuccessful mediation is unsuccessful, the Attorney General’s Office may refer your case to the Florida Lemon Law Arbitration Board, which may order the manufacturer to provide a refund or replacement.

If you think you have been sold a lemon vehicle in Florida, it is important that you take action immediately and contact an experienced attorney. They will be able to help you determine if you qualify for a refund or replacement under the Lemon Law. With their help, you can ensure your rights are protected and get the justice you deserve.

What are the remedies available under Lemon Law?

If your vehicle is found to be a lemon, you may be entitled to a refund or replacement of the vehicle. You may also be entitled to reimbursement for certain expenses, such as towing and rental car costs.

Federal warranty Laws

Federal warranties are rules that protect consumers who buy products that turn out to be lemons. The Magnuson-Moss Warranty Act, for example, requires manufacturers and sellers of consumer products that come with a written warranty to provide certain information to the consumer.

The Federal Trade Commission’s Used Car Rule requires dealers to display a Buyers Guide in every used car they offer and give it to buyers after the sale. The guide tells buyers whether the dealership offers a warranty on the car and, if so, what it covers.

The Rule also requires that dealerships tell consumers about any material damage on a used car’s body or frame before the sale. This is important because damage can affect a car’s safety, value, and longevity. Dealers who fail to comply with the Rule may be subject to civil penalties.

What are the different types of warranties?

There are two types of warranties: written and implied.

A written warranty is a guarantee set out by the manufacturer or seller of a product. An implied warranty is a guarantee not set out in writing but assumed to exist by Law. For example, an implied warranty of merchantability means that a product must be fit for its intended purpose.

If a product comes with a written warranty, the Magnuson-Moss Warranty Act requires that the manufacturer or seller provide certain information to the consumer, such as:

* The terms and conditions of the warranty

* The duration of the warranty

* How to claim the warranty

If a product comes with an implied warranty, the Law requires that the product be fit for its intended purpose. If not, the consumer may be entitled to a refund or replacement of the product.

What is the Magnuson-Moss Warranty Act?

The Magnuson-Moss Warranty Act is a federal law requiring manufacturers and sellers of consumer products with a written warranty to provide certain information to the consumer. The Act also requires that dealerships tell consumers about any material damage on a used car’s body or frame before the sale.

The Law originated in 1975 in response to concerns about unfair warranty practices. The Act is enforced by the Federal Trade Commission and applies to any product that is sold with a written warranty, including:

* Cars

* trucks

* boats

* RVs

* ATVs

* SUVs

* and motorcycles

What constitutes a breach of warranty?

A breach of warranty is quite different from a lemon case, but the result is the same: you are entitled to a refund or replacement of your vehicle.

A breach of warranty occurs when a manufacturer or seller fails to live up to the terms of a written or implied warranty. For example, if you buy a car with a 5-year/100,000-mile warranty and the engine blows up after 50,000 miles, the manufacturer has breached the terms of the warranty.

In a breach of warranty, you may be entitled to a refund or replacement of your vehicle and reimbursement for certain expenses, such as towing and rental car costs.

How does the Magnuson-Moss Warranty Act protect consumers?

The workings of the Act are threefold. First, it requires that manufacturers and sellers of products with written warranties provide certain information to the consumer, such as the warranty terms and conditions, the warranty duration, and how to make a claim under warranty.

Second, it requires dealerships to tell consumers about any material damage on a used car’s body or frame before the sale. Finally, if a product comes with an implied warranty, the Act requires that the product be fit for its intended purpose. If not, the consumer may be entitled to a refund or replacement of the product.

What is the Florida Lemon law?

The Florida Lemon Law is a state law designed to protect consumers who have purchased motorized vehicles that don’t meet performance and quality standards. The Law provides remedies for consumers who have purchased lemons, including

* A refund of the purchase price

* A replacement vehicle

* Reimbursement for certain expenses, such as towing and rental car costs

Does the Law only apply to new cars?

Yes, the Florida Lemon Law applies to new cars only.

For a new car, the vehicle must have a defect that substantially impairs its use, value, or safety and that is not repaired after a reasonable number of attempts by the manufacturer or dealer.

What is the Used Car Rule?

The Used Car Rule is a federal law that requires dealerships to display a Buyers Guide in every used car they offer for sale and to give it to buyers after the sale. The guide tells buyers whether the dealership offers a warranty on the car and, if so, what it covers.

The Rule also requires that dealerships tell consumers about any material damage on a used car’s body or frame before the sale. This is important because damage can affect a car’s safety, value, and longevity. Dealers who fail to comply with the Rule may be subject to civil penalties.

What is an extended warranty?

An extended warranty is an insurance policy that extends the coverage of a manufacturer’s warranty or a dealership’s warranty on a vehicle. An extended warranty can be purchased from the manufacturer, the dealership, or an independent provider. It is useful for consumers who want to extend the coverage on their vehicle beyond the original warranty period.

Extended warranties typically cover repairs for a certain period or miles, whichever comes first. They may also cover parts that are not covered by the manufacturer’s warranty or the dealership’s warranty, such as:

* Tires

* Batteries

* Brakes

* Suspension

* Electrical components

What is the Lemon law rights period?

The Lemon law rights period is the time during which a consumer can assert their rights under the Lemon law. In Florida, the Lemon law rights period is 24 months from the date of purchase or lease, or 24,000 miles on the odometer, whichever comes first.

During the Lemon law rights period, if a consumer reports a problem with their vehicle to the manufacturer or dealer, and the problem is not fixed within a reasonable number of attempts, the consumer may be entitled to a refund or replacement vehicle.

What is a reasonable number of attempts?

A reasonable number of attempts is defined as a reasonable number of attempts to repair the same defect or a reasonable number of attempts to repair a defect that is likely to cause death or severe injury if it is not repaired.

In Florida, the Law presumes that a reasonable number of attempts has been made to repair a defect if:

* The consumer has given the manufacturer or dealer at least three written notices of the same defect during the Lemon law rights period

* The vehicle has been out of service for a total of 15 days or more due to repairs during the Lemon law rights period

What is the Lemon law buyback?

The Lemon law buyback is a provision of the Florida Lemon law that entitles a consumer to a refund or replacement vehicle if their vehicle is determined to be a lemon.

A Lemon law buyback is also referred to as a “lemon law repurchase” or a “lemon law trade-in.”

How does Lemon law relief work?

If a consumer’s vehicle is determined to be a lemon, the manufacturer must either provide a refund or a replacement vehicle.

The refund must include the purchase price of the vehicle minus any depreciation that occurred when the consumer owned the lemon. The refund must also include any taxes, fees, and finance charges the consumer paid when purchasing the vehicle.

The replacement vehicle must be of comparable value to the lemon. The manufacturer must also pay for any taxes, fees, and finance charges the consumer would have incurred if they had purchased the replacement vehicle.

What are the time limits for Lemon law relief?

In Florida, a consumer must request Lemon law relief within two years of the date of purchase or lease, or 24,000 miles on the odometer, whichever comes first.

Five reasons you need an attorney when filing for Lemon law relief:

1. Lemon law is a complex legal process, and an attorney can help you navigate the process and ensure that your rights are protected.

2. An attorney can help you gather the necessary evidence to prove that your vehicle is a lemon.

3. An attorney can help you negotiate with the manufacturer or dealer for a fair refund or replacement vehicle.

4. An attorney can help you file a Lemon law claim in court, if necessary.

5. An attorney is familiar with the Lemon law and can advise you of your rights under the Law.

If you think you may have a Lemon law claim, contact an experienced attorney to discuss your case.

Frequently asked questions about lemon Law.