Bad Vehicle is a Florida Lemon Law firm that represents Jacksonville and Duval County vehicle owners in claims against car makers under the Florida Motor Vehicle Warranty Enforcement Act, Fla. Stat. ch. 681. Florida law gives new-car owners rights when a serious defect keeps coming back or leaves a vehicle in the shop for too long. A Jacksonville lemon law attorney can review the repair record, handle required notices, file for arbitration, and deal with the manufacturer on the owner’s behalf.
Florida law creates a presumption after three repair attempts for the same defect plus a final repair chance, or after 30 total days out of service for repairs. The Lemon Law Rights Period lasts 24 months after the vehicle was first delivered to the consumer.
A free case review can help you find out whether your vehicle may qualify. Call 1-855-223-8344.
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Engine Failure
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Fuel Tank Expansion
Steering Issue
Battery Issue
Water Leak
Tonneau Issue
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If your car keeps getting fixed for the same thing over and over, you might have a case. Maybe your car sat in the shop for weeks and still doesn’t work right. Every paper from the repair shop helps prove your case.
Want to know if you qualify? Take our fast quiz online to find out if your broken car counts as a lemon.
A Jacksonville lemon law attorney is a consumer lawyer who represents Duval County vehicle owners in warranty claims against manufacturers. That work may include:
Florida Lemon Law covers qualifying new vehicles, leased vehicles, demonstrators, and some RVs. It does not cover used cars as “motor vehicles” under Chapter 681. A used vehicle that still has a written warranty may have rights under other laws, including the federal Magnuson-Moss Warranty Act.
A Florida lemon law attorney can determine which law fits the vehicle and its warranty.
A Florida Lemon Law claim can move through arbitration and, in some cases, the court system.
For arbitration, the consumer submits the claim to the Florida Department of Legal Affairs. The Florida New Motor Vehicle Arbitration Board holds hearings at locations across the state. Florida law says the hearing location must be reasonably convenient for the consumer. Once a request is approved, the Board generally must hear the case within 40 days and issue a decision within 60 days.
A consumer must usually go through this process before filing a civil action involving a claim covered by §681.104. A civil case tied to a Duval County consumer may be filed in Florida’s Fourth Judicial Circuit when venue is proper there. The Duval County Clerk’s Circuit Civil Department is at:
Duval County Courthouse
501 West Adams Street, Room 1046
Jacksonville, FL 32202
Much of the work in a Lemon Law case can be handled by phone and email.
Florida consumers filed 506 Lemon Law arbitration claims statewide in 2020, according to the Florida Attorney General’s most recent published annual Lemon Law report. Of those claims, 389 were approved for arbitration. The report states that 343 approved cases were resolved through either settlement or an arbitration decision. Of those, 213 ended in prehearing settlements and 130 reached an arbitration decision. Total reported consumer relief for the year was more than $11.1 million.
Manufacturers also reported 1,105 reacquired vehicles in 2020. That figure includes vehicles bought back for several reasons, so it should not be read as the number of arbitration wins.
These are statewide program figures. They are not Jacksonville results, Duval County results, or results for Bad Vehicle. The Attorney General’s public annual-report page currently lists reports only through 2020.
Start with the basics. Send the year, make, model, VIN, purchase or lease date, and all repair orders.
The attorney can compare those records with Fla. Stat. §681.104. The same defect may need three repair attempts before the manufacturer gets a final chance to fix it. A separate rule applies when the vehicle has spent many days out of service.
After three attempts to repair the same problem, Florida law calls for written notice to the manufacturer by registered or express mail.
The manufacturer then has 10 days after it gets the notice to respond and give the owner a chance to bring the vehicle to a reasonably accessible repair site. The manufacturer generally has another 10 days after delivery to that site to complete its final repair attempt. Different time limits apply to RVs.
Some manufacturers use a certified dispute program. If one applies, the consumer may have to use it first.
A request for Board arbitration must generally be made no later than 60 days after the Lemon Law Rights Period ends, or within 30 days after the final action of a certified program, whichever is later.
Some cases settle before a Board hearing. Others go to arbitration.
Florida law allows a qualifying consumer to seek a refund or an acceptable replacement vehicle. The consumer has the right to choose a refund instead of a replacement.
If further court action is needed, Fla. Stat. §681.112 sets filing deadlines. A consumer who wins a claim under that section may recover reasonable attorney fees and litigation costs.
Florida Lemon Law may apply to buyers and some lessees of new cars, SUVs, vans, light trucks, demonstrator vehicles, and RVs. Common Jacksonville cases may involve:
Chapter 681 does not include motorcycles, mopeds, off-road vehicles, electric bicycles, trucks over 10,000 pounds gross vehicle weight, or the living areas of an RV. Used cars are also outside the statute’s definition of a covered motor vehicle.
Used-car owners may still have warranty rights under federal or other state law.
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A lemon law lawyer may handle each part of the claim, including:
For a Florida Lemon Law refund, the law can include the purchase price plus allowed collateral and incidental charges, less a reasonable offset for use. The offset is based on miles driven up to the settlement agreement or arbitration hearing, whichever happens first. The mileage is divided by 120,000 for most vehicles and 60,000 for an RV, then applied to the vehicle’s base price.
Florida also places disclosure and warranty rules on certain vehicles that manufacturers buy back and later resell.
Jonathan D. Schwartz, Esq., has been admitted to The Florida Bar since September 24, 1999. His Florida Bar number is 178268. The Bar lists him as a member in good standing and eligible to practice law in Florida. It also reports no discipline during the past 10 years. He attended Nova Southeastern University Shepard Broad College of Law.
Bad Vehicle focuses its work on Lemon Law and consumer warranty claims. The firm represents people throughout Florida, including Jacksonville and Duval County.
Clients deal directly with the attorney handling the case. Documents, repair orders, and updates can usually be handled by phone and email, so a Jacksonville client does not need to drive across Florida to meet with the firm.
Bad Vehicle offers a free consultation and free case review. The firm handles these claims on a contingency basis, so there is no upfront legal fee.
Florida law also allows a consumer who prevails in a civil claim under Chapter 681 to recover reasonable attorney fees and litigation costs. Federal warranty law may also allow a court to award reasonable attorney fees and costs to a successful consumer.
Timing depends on the repair history and where the claim is in the process. Once the Arbitration Board approves a request, Florida law generally calls for a hearing within 40 days and a decision within 60 days.
To start a review, gather your VIN, purchase or lease date, year, make, model, and every repair order you have.
A vehicle may qualify when a defect greatly harms its use, value, or safety and the manufacturer cannot fix it after a reasonable number of tries. Florida creates a presumption after three repair attempts plus a final chance, or after 30 total days out of service. The defect and repair history must fall within the law’s time limits.
No. Florida allows consumers to file for arbitration without a lawyer. You may still hire a lawyer to review deadlines, prepare the claim, deal with the manufacturer, and represent you at a hearing. Florida law allows parties at Board hearings to be represented by counsel.
There is no set settlement amount. A refund under Florida Lemon Law is based on the vehicle’s purchase price and allowed charges, minus a statutory offset for use. The offset uses mileage up to the settlement or arbitration hearing, whichever comes first. The facts of each vehicle and contract affect the final amount.
There is no sound way to name one lawyer as the best for every case. Check the lawyer’s Florida Bar status, experience with warranty claims, disciplinary record, fee agreement, and who will handle your file. You can verify Jonathan D. Schwartz’s current Florida Bar status under Bar No. 178268.
Usually not. Many Florida Lemon Law claims end through settlement or arbitration. The Arbitration Board holds hearings at locations that are meant to be reasonably convenient for consumers. If a civil case or appeal is filed and Duval County is the proper venue, the matter may proceed in Florida’s Fourth Judicial Circuit.
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