Substantial Defect
One that impairs the use, value or safety of the vehicle. Stalling, brake failure, steering and persistent electrical faults qualify. A rattle generally does not.
A Ford that goes back to the dealership again and again for the same defect is not a run of bad luck. Where the manufacturer was given a reasonable number of attempts and the fault is still there, the law puts the vehicle back on them.
Bad VehicleFord claims.
EXPLORE ↓Lemon Law does not ask which manufacturer built the vehicle. It asks these four questions about yours, and the repair orders answer all of them.
One that impairs the use, value or safety of the vehicle. Stalling, brake failure, steering and persistent electrical faults qualify. A rattle generally does not.
Florida looks for three attempts at the same defect. New York looks for four. Recall work and visits that found nothing both count.
Thirty cumulative days in Florida and in New York. Cumulative, not consecutive, and the days count whether or not anything was fixed.
The defect has to be reported while the vehicle is inside the warranty or rights period. When it was reported matters more than today's date.
What changes from one manufacturer to the next is the defect pattern, the warranty terms and how hard the company fights a claim. Those affect the argument and the timeline. They do not affect the right.
The repair orders carry the case. Every visit for the fault, including the ones where the dealership found nothing and the recall work that was done at no charge, is a documented attempt. Owners routinely throw away the paperwork that would have completed their own count.
The two thresholds are presumptions, not hard gates. A defect serious enough to be dangerous can qualify with fewer attempts, and a vehicle that misses both can still be a claim under federal warranty law.
Jonathan D. Schwartz has +25 years of experience handling Lemon Law and warranty matters against manufacturers selling in Florida and New York. Bad Vehicle offers a free case evaluation, direct access to the attorney handling the claim, and no upfront legal fee to begin pursuing an eligible case.
A recall is the manufacturer acknowledging that a defect exists across a population of vehicles and offering a remedy. It is a public admission of the fault pattern, which makes it useful evidence. What it is not is a Lemon Law claim.
The claim arises from what happened to your vehicle: the defect was reported, the dealership was given a reasonable number of attempts to repair it, and it is still there. A recall notice or technical service bulletin covering the fault on your model proves the manufacturer already knew, and it undercuts any argument that the problem is somehow misuse.
That evidence is public and costs nothing to obtain. NHTSA runs a free VIN lookup, and most manufacturers run one of their own.
Check My Case ↗
Recall repairs that did not fix the fault still count as repair attempts.
These are the categories that generate the most Lemon Law and warranty claims. A vehicle showing one of these is not automatically a claim. A vehicle showing one of these repeatedly and unrepaired usually is.
Stalling, loss of power, excessive oil consumption and failures that leave the vehicle undriveable. These are the defects least likely to be argued away as normal characteristics of the model.
Harsh shifting, shuddering, hesitation and unexpected downshift. Frequently answered with a software reflash that does not hold, which is exactly how the attempt count builds.
Warning lights that return after being cleared, dead accessories, charging faults and modules replaced more than once for the same symptom.
Intermittent by nature, which is why they take several visits. A fault the dealership cannot replicate is still a reported fault, and the visit still counts.
Airbags, seat belts, braking and the rearview camera. A persistent failure in a federally mandated safety system is materially different from a cosmetic complaint.
Days accumulate whether or not anything was repaired. Thirty cumulative days is a threshold in its own right in both Florida and New York, independent of the repair count.
Which one applies depends on the state, the facts and what gets negotiated. All four start with the same free case review.
What the law asks for
FORDAttempts, or days out of service — Florida's presumption arises after three repair attempts for the same defect, or thirty or more cumulative days out of service inside the rights period. Written notice to the manufacturer is triggered earlier, at fifteen days.
Check My Case ↗Attempts, or days out of service — New York generally looks for four attempts at the same defect or thirty or more days out of service within two years or 18,000 miles.
Check My Case ↗Magnuson-Moss Warranty Act — Federal warranty law reaches vehicles that state Lemon Law does not, including many used and out-of-period vehicles still covered by a warranty.
Check My Case ↗To find out where you stand — Lemon Law statutes generally shift attorney fees to the manufacturer where the claim succeeds. The case review carries no charge and no obligation.
Check My Case ↗Those are the Florida thresholds for the presumption. New York uses four attempts or thirty days. Fifteen days is a separate, earlier trigger in Florida — that is when written notice goes to the manufacturer. Neither threshold is a hard gate, and a vehicle that misses both can still carry a claim under federal warranty law.
Read the 15 Questions ↗General information about Lemon Law and warranty claims, not legal advice. What applies to a particular vehicle depends on its records, its warranty and the state where it was bought.
Ask Us Directly ↗The law applies the same way to every brand sold in the state. What differs is the defect pattern, the warranty terms and how hard the manufacturer fights.
Send the year, model and the repair history. The repair orders are what carry the claim.
1-855-223-8344NO LEGAL FEES UNLESS WE WIN YOUR CASE · [email protected]
Complete the form below and tell us about your vehicle.