What Qualifies As A Lemon Vehicle In Florida?
As a consumer, when you spend your hard-earned money on a new vehicle, you have the right to expect a certain level of quality, dependability, and service from that car, truck, or SUV. While you might be disappointed to find that there is a minor issue with the vehicle and you need to return to the dealership for a warranty repair, it is not a deal breaker for most people. However, when the issue is not corrected after multiple visits to the dealership service department, or you continue to experience problems that routinely require a repair, even if it is covered under the warranty, your patience can come to an end. That is when you begin asking what qualifies as a lemon vehicle in Florida. The answer to this vital question and many more regarding your less than ideal new vehicle are sure to be answered when you contact Bad Vehicle lemon law attorneys in Florida.
The Criteria For Lemon Vehicles In Florida
For your new car to be considered a lemon in the State of Florida, it must meet the following criteria:
- You must have experienced the issues with your new vehicle in the first 24 months of ownership
- You have taken the vehicle into the service department of the dealership three or more times for the same issue, and it has not been corrected
- During the first 24 months, you have the vehicle, it has spent a total of 30 days or more in the dealership for repairs to the issues that were not caused by an accident, abuse, neglect, or any modifications made to the vehicle by anyone other than the manufacturer or an authorized service representative of the manufacturer
If you have concerns about any of these requirements or want to get more information about the qualifications of a Florida lemon vehicle, please reach out to Bad Vehicle to speak to an expert Florida lemon law attorney.
Get help with your lemon roadmap to compensation
Step 1: Start with a free case review
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Step 2: We Handle the Legal Work
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Step 3: Turn in Your Lemon and Get Compensated
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30 Seconds Lemon Quiz
Be Sure To Document Your Issues
When you purchase a new car, you are likely to be very excited to enjoy this new vehicle as well as the functions and features it includes. Today’s technology offers so much more than the items included in the average vehicle just a few years ago. So, when you first discover an issue, you might be willing to take it to the dealership for what you hope is a quick repair. When you get the car back from the dealership, you assume that will be the end of the issue. Sadly, most people fail to keep an accurate record of the early trips to the service department with a new car, which can be a costly mistake.
From the first visit for any warranty repairs for a new vehicle, keep all records from the visit as well as a picture of the mileage when you drop the car off for service and when you pick it up. The documentation you compile should be any invoice for work not covered by the warranty, the cost of any rental vehicle, and the report detailing the diagnostics and repair for the issue. Keeping these from every visit to the dealership for even the most minor repair will help trach when your new car is approaching the 30 total time in the repair department and when you can pursue a lemon law case with your attorney from Bad Vehicle.
Florida Lemon Law Basics
Florida’s Lemon Law, officially known as the Florida Motor Vehicle Warranty Enforcement Act, protects consumers who buy or lease new vehicles with significant defects. If a vehicle has a recurring issue that the manufacturer fails to fix after a “reasonable number” of repair attempts, the consumer may be entitled to a refund or a replacement.
Before taking legal action, consumers are required to try resolving the matter through the manufacturer’s informal dispute resolution process (usually arbitration). This involves submitting documentation and giving the manufacturer a final chance to repair the issue. If the dispute isn’t resolved in arbitration, the consumer can take the case to court.
The law covers new vehicles and some motor vehicles like RVs (but not their living facilities). Salvage vehicles and cars without warranty are not covered.
Florida’s state Lemon Law only applies to new vehicles. However, used cars can still be protected under the federal Magnuson-Moss Warranty Act, as long as the defect is reported during the vehicle’s warranty period.
So if you buy a used car and it still has a valid manufacturer or dealer warranty, and a defect appears during that time, you may still have a case. This federal law doesn’t care whether the vehicle is new or used — it focuses on whether the warranty is active and whether the defect was properly reported.
If your vehicle qualifies and the manufacturer fails to fix the defect after multiple repair attempts, you need to:
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Step 1: Send a written notice to the manufacturer via certified or express mail.
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Step 2: Allow the manufacturer one final repair attempt.
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Step 3: If the issue persists, submit a Request for Arbitration with Florida’s Department of Legal Affairs along with supporting documents.
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Step 4: Attend arbitration. If the outcome isn’t favorable, you may file a lawsuit.
An attorney can help handle these steps and increase your chances of a successful outcome.
Yes, leased vehicles are covered under Florida’s Lemon Law — as long as the defect appears during the lease and meets the same conditions as a purchased vehicle.
However, keep in mind: if you’re leasing, your refund is limited to the amount you’ve paid into the lease. You won’t be refunded for the full vehicle value since you don’t own the car.
Hiring a Lemon Law attorney gives you a big advantage. Manufacturers have deep pockets and legal teams — going up against them alone can be difficult. An experienced attorney knows how to handle the process, file correctly, and present your case with strong documentation.
Also, Florida’s Lemon Law (and the federal one) includes a fee-shifting provision, which means if you win, the manufacturer has to pay your attorney fees. Most firms, like Krohn & Moss, won’t even charge you unless they win your case — so there’s no out-of-pocket risk.