What Is The Lemon Law Buyback In Florida?
When you purchase a new vehicle and soon discover that it has issues or defects, you are sure to contact the dealership to schedule the necessary repairs. The good news is the repair will be covered by the warranty. But the bad news is that you will not have your car, truck, or SUV to use while it is in the shop. Some dealerships offer a free loaner car, which is never the same as driving your own vehicle. However, after a few days, you get your new car back and are happy once again.
What About A Recurring Issue?
If your new car is repaired properly, then you are likely never going to know anything about the Florida Lemon Law or why manufacturers are forced to buy back some vehicles. But when you notice that the same light is not working, the brakes are still squealing or pulling to the left, or the engine is making that odd sound again, you head back to the dealership hoping you have not bought a lemon. You hope the second time is the charm, but soon find yourself back at the dealership for a third and fourth visit to address the same issue. Now it is time to learn more about the Florida Lemon Law.
Get help with your lemon roadmap to compensation
Step 1: Start with a Free Case Review
Send us your vehicle details like the make, model, year, and what problems you’ve been dealing with. We’ll review everything and let you know if it qualifies under the Lemon Law.
Step 2: We Handle the Legal Work
If your vehicle qualifies, we take it from there. Our team prepares the paperwork, files the claim, and deals directly with the manufacturer. You don’t pay us. The manufacturer does.
Step 3: Turn in Your Lemon and Get Compensated
Once the case is approved, you’ll return your defective vehicle and get a refund, a replacement, or a cash settlement. We’ll help you figure out the best option for you.
30 Seconds Lemon Quiz
What Makes A Car A Lemon In Florida?
For your new car to be considered a lemon in Florida, it must meet these criteria:
- The car is a new or demonstrator model that was sold or leased in Florida
- The defect or issue with the car must significantly impact the vehicle’s use, value, or safety
- The vehicle is 24 months old or less, or under 24,000 miles from the original sales docket
- The car must have been out of service of the user for repairs at the dealership for 30 days or more
- The vehicle was returned to the dealership service department three or more times for the same issue, which the staff was unable to correct
If your car meets these criteria, please reach out to Jonathan Schwartz, your Florida lemon law expert, to learn more about getting a new car or reselling your vehicle to the manufacturer.
How Does The Florida Lemon Law Buyback Work?
When you are not willing to return the lemon you bought to the dealership and get another car of equal value, you have the option to have the car bought back by the manufacturer after it is determined to be a Florida lemon. You might think of the buyback as a refund of the purchase price of the car. However, that is not always the case. In Florida, the manufacturer can deduct part of the purchase amount of the car that would be considered an offset for the mileage on the vehicle at the time of the first lemon law issue.
To determine the mileage for the use of the lemon, divide the sales price of the car by 120,000 (the max mileage allowed before the vehicle is considered a lemon in Florida), then multiply the number by the number of miles driven. The total is the mileage allotment that can be deducted from the total purchase price of the vehicle and would be considered full compensation for the buyback.
If you are thinking about a buyback of a Florida lemon vehicle, please contact Jonathan Schwartz, the premier Florida lemon law Attorney.
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.
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