Dealing With a Lemon Vehicle in Florida
My new car keeps breaking down — here's what Florida law says and what to do next.
Statute: Fla. Stat. §§ 681.101-681.118 (Motor Vehicle Warranty Enforcement Act), § 681.102(9) (24-month 'Lemon Law Rights Period'), § 681.104 (certified-mail written notification prerequisite; Motor Vehicle Defect Notification form), § 681.108 (Florida New Motor Vehicle Arbitration Board), § 681.109 (refund/replacement; reasonable offset for use), § 681.1095(10) (civil penalty of $25/day up to $5,000 for failure to comply with a Board decision), § 681.112 (attorney fees and costs)
Deadline: 10 days
Penalty: Under Fla. Stat. § 681.112, a prevailing consumer recovers reasonable attorney fees, costs, and expert witness fees. Under § 681.1095(10), a manufacturer that fails to comply with a New Motor Vehicle Arbitration Board decision is liable for a civil penalty of $25 per day, up to $5,000, collectible by the Department of Legal Affairs. Under § 681.104(4)(b), once the certified notification is received, the manufacturer has a final repair attempt (a maximum of 10 days) to cure the nonconformity
What is dealing with a lemon vehicle?
Lemon laws exist because, before the late 1970s, buying a new car with a defect that nobody could fix meant you were just stuck with it. California passed the first modern lemon law — the Song-Beverly Consumer Warranty Act — in 1970 and tightened it with the Tanner Consumer Protection Act in 1982. Every other state followed by the early 1990s. The basic deal: if a new vehicle has a substantial defect that the manufacturer can't fix after a reasonable number of attempts, they have to replace it or refund you.
Every state has its own version, with different cutoffs for what qualifies, how many repair attempts you need, and which vehicles are covered. The federal Magnuson-Moss Warranty Act (1975) sits behind all of them as a backup — if a manufacturer doesn't honor a written warranty, you can sue under federal law and recover attorney's fees if you win, which is why most lemon-law lawyers will take your case on contingency.
What to Do If You Bought a Lemon
Step 1: Document every visit. Repair orders, receipts, written complaints, and email threads. Date, mileage, what you reported, what they did, what they didn't. The case turns on the paper trail.
Step 2: Send written notice. A formal demand letter to the manufacturer (not just the dealer) by certified mail, return receipt. Most states require this before you can file. The letter triggers a final repair opportunity, usually 10–30 days.
Step 3: Check whether arbitration is required. Many manufacturers — and some state laws — make you go through a manufacturer-sponsored arbitration program (BBB Auto Line is the biggest) before suing. It's usually free and resolves in 40–60 days.
Step 4: Sue if arbitration fails. Under both state lemon laws and the federal Magnuson-Moss Act, the manufacturer pays your attorney's fees if you win — which is why most lemon lawyers work on contingency. You bring zero money to the table.
Step 5: Pick your remedy. Replacement vehicle of comparable value, or a full refund minus a reasonable usage allowance (typically calculated as miles driven before the first defect, divided by 120,000, times the purchase price).
How Florida differs from federal law
Florida has a comprehensive Lemon Law covering new motor vehicles:
- Florida Lemon Law (Fla. Stat. § 681.10-681.118): Covers new or demonstrator motor vehicles purchased or leased in Florida that develop defects within the first 24 months of delivery.
- Triggering conditions: The manufacturer must be given 3 or more repair attempts for the same nonconformity, or the vehicle must be out of service for a cumulative total of 30 or more days due to repair of one or more nonconformities.
- Mandatory arbitration first: Consumers must first submit to the manufacturer's certified arbitration program (if one exists) before filing a civil action. If the manufacturer does not have a certified program, the consumer may use the Florida New Motor Vehicle Arbitration Board.
- Florida New Motor Vehicle Arbitration Board: Administered by the FL Attorney General's office. The Board can order a refund or replacement vehicle. Decisions are binding on the manufacturer if accepted by the consumer.
- Remedies: Full refund (purchase price minus reasonable offset for use) or a comparable replacement vehicle. Manufacturer pays attorney fees if the consumer prevails.
Additional steps in Florida
File a Lemon Law complaint with the Florida Attorney General's Lemon Law Hotline at (800) 321-5366 or visit myfloridalegal.com. Keep all repair orders and documentation. You must allow the manufacturer a final repair attempt before arbitration.
What you should NOT do
Don't stop taking it in. You need a documented pattern. Skipping appointments out of frustration kills the case.
Don't get warranty repairs done at an independent mechanic. Only authorized dealer or manufacturer service counts toward your lemon-law clock.
Don't sign a quick settlement without checking the math. Manufacturers regularly offer 50–60% of what a court or arbitrator would award. Get the figure pressure-tested by a lemon-law attorney before you sign anything that includes a release.
Don't trade in or sell the car before filing. Once you no longer own it, your lemon-law rights generally die with the title transfer. File first, then dispose.
You shouldn't have to hire a lawyer to assert your rights.
Answer a few questions. We generate a personalized lemon law citing Florida's exact statute, deadline, and penalties — ready to print and send in minutes.
Lawyers charge $350+. Your letter: $19.
Generate your lemon law →This page is general legal information for Florida, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Florida.