The lemon law protects consumers from the costs associated with defective vehicles. These cars, trucks, vans and motorcycles have chronic, sometimes unrepairable issues with steering, transmissions, engines and electrical systems. Electric vehicles that drain batteries too quickly or infotainment systems that fail to function correctly may also qualify as lemon vehicles.
Lemon law attorneys generally claim that 1.00% of new vehicles sold in the United States qualify as lemons. There were 13.6 million vehicles sold in the United States in 2022, which means approximately 136,000 lemons found their way to buyers’ driveways.
If you are one of those drivers, it is crucial to understand the lemon law and how to use it. A lemon vehicle carries costs that can hurt you while you own it and when you try to sell it or trade it in. If you find yourself with a lemon, you should take advantage of your rights under the law to recover the value you should receive from a new vehicle.
What qualifies for Lemon Law in Florida?
Any vehicle bought new from a dealership in the last 24 months is eligible for the Florida Lemon Law. You can file a lemon law claim on any car, van, truck or motorcycle within 24 months of the date that you took delivery of the vehicle.
To qualify as a lemon, one or both of the following must be true:
- At least 3 attempts have been made to fix the same problem.
- The vehicle spent more than 30 days in the shop. This does not have to be consecutive. Three 10-day stints at the repair shop qualify, as do 6 5-day repairs, 10 3-day repairs, etc.
What compensation will I receive under the Florida Lemon Law?
A lemon law claim leads to a buyback from the dealer who sold you the vehicle, as well as additional costs.
You will receive the value of the vehicle that you paid, minus normal depreciation. Note that this value is based on a comparable, non-lemon vehicle, not the reduced value of a lemon.
You will receive a refund of any finance charges associated with the vehicle purchase.
You will receive a refund of money spent to try and repair the problem, including parts and labor, as well as an out-of-pocket costs for rental vehicles needed during attempts to repair the lemon.
Does a vehicle need to be unusable to file a lemon law claim?
You can file under the lemon law for working vehicles as long as there have been at least 3 attempts to fix a problem, and/or the vehicle spent more than 30 days in the shop. Even if the dealership fixes the vehicle, you can file a lemon law claim.
Owners of lemons should consider this carefully, because they may believe a lemon has been “fixed” when the issue is resolved. In reality, those repairs become a part of the vehicle’s service history and will greatly diminish its resale value when you decide to sell it or trade it in. Auto dealers will recognize that you own a lemon vehicle and pay you less for it.
Can you file lemon law on a used car in Florida?
Used vehicles are not eligible for the lemon law, regardless of where you buy them. Only vehicles bought new, with you as the first owner, are covered by Florida’s Lemon Law.
Do you need an attorney for the lemon law in Florida?
You do not need a lemon law attorney to file a claim in Florida. Anyone may file a lemon law claim. You will need to obtain the paperwork, complete it and file it with the court during regular business hours. You also risk having your claim denied if your vehicle is not lemon law eligible, or if you do not properly document repairs. You will lose the value of the time spent filing the claim, and the reimbursement you would have received from a successful claim.
Most people will find it far better to consult with an experienced lemon law attorney who can evaluate your case and the possibility that you will prevail. Your attorney will handle all of the paperwork involved. All you need to do is sit back and wait for the results. There are no out-of-pocket expenses unless your lemon law claim succeeds and the dealership agrees to buy back your vehicle.
Who pays for a lemon law attorney in Florida?
Lemon law attorney fees are paid by the person filing the claim, but fees can only be collected if you win. Attorney fees will be deducted from your settlement.
There are no out-of-pocket costs to file a lemon law claim in Florida. Lemon Law attorney fees will be deducted from your settlement.
When you contact Bad Vehicle, an experienced Florida Lemon Law attorney will evaluate your case for free and help you process your lemon law claim. There is never any out-of-pocket cost unless your claim results in a buyback. Call us at 1-786-297-8977 to see if you are eligible.