Key takeaways
- Protection period: 24 months after original delivery to a consumer (no mileage limit in the statute).
- Repair attempts: the same nonconformity subject to repair at least 3 times, plus a final repair attempt by the manufacturer after written notice, and it continues to exist.
- Days out of service: out of service for repair a cumulative total of 30 or more days (60 or more for recreational vehicles), excluding routine maintenance. 'Days' means calendar days. After 15 or more days, the consumer must notify the manufacturer in writing.
- Deadline: within 1 year after the Lemon Law rights period expires. If the consumer used a dispute procedure, the department or the Board, within 1 year after that body's final action.
- The law is Fla. Stat. §§ 681.10 to 681.118. Read it with your repair orders and your warranty in front of you.
On this page
Florida's lemon law is Fla. Stat. §§ 681.10 to 681.118, the Motor Vehicle Warranty Enforcement Act. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Florida lemon law at a glance
| Statute | Fla. Stat. §§ 681.10 to 681.118 |
|---|---|
| Official name | Motor Vehicle Warranty Enforcement Act |
| Vehicles covered | New vehicles sold in Florida to transport persons or property, including recreational vehicles, demonstrators and qualifying leased vehicles. Excludes vehicles run only on tracks, off-road vehicles, trucks over 10,000 pounds GVW, motorcycles, mopeds, electric bicycles, and the living facilities of recreational vehicles. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Lemon Law rights period: 24 months after original delivery to a consumer (no mileage limit in the statute). |
| Repair attempts | The same nonconformity subject to repair at least 3 times, plus a final repair attempt by the manufacturer after written notice, and it continues to exist. |
| Days out of service | Out of service for repair a cumulative total of 30 or more days (60 or more for recreational vehicles), excluding routine maintenance. 'Days' means calendar days. After 15 or more days, the consumer must notify the manufacturer in writing. |
| Notice to the manufacturer | After 3 repair attempts, the consumer must send written notice by registered or express mail to the manufacturer for a final repair attempt. The manufacturer has 10 days to respond and 10 days (45 for RVs) after delivery to repair. Separate written notice is required after 15 or more days out of service. |
| Dispute programs | Before suing, the consumer must submit the dispute to the Department of Legal Affairs and, if it is found eligible, to the Florida New Motor Vehicle Arbitration Board. If the manufacturer has a state-certified procedure, the consumer must file there first, within 60 days after the rights period ends. A Board request is due within 60 days after the rights period ends or 30 days after the certified procedure's final action, whichever is later. |
| Deadline to bring a claim | Within 1 year after the Lemon Law rights period expires. If the consumer used a dispute procedure, the department or the Board, within 1 year after that body's final action. |
| Remedies | Within 40 days, repurchase with a refund of the full purchase price, or a replacement vehicle acceptable to the consumer, in each case less a reasonable offset for use and including collateral and incidental charges. The consumer has an unconditional right to choose a refund. The use offset is miles driven up to settlement or the arbitration hearing, multiplied by the base sale price, divided by 120,000 (60,000 for RVs). |
| Attorney's fees | Yes. The court shall award a prevailing consumer pecuniary loss, litigation costs, reasonable attorney's fees and appropriate equitable relief. A consumer whose Board award is upheld on appeal also recovers attorney's fees. |
| Used vehicles | No used-car lemon law in this chapter. A person to whom the vehicle is transferred for personal, family, or household purposes during the Lemon Law rights period is a 'consumer'. |
Does your vehicle qualify in Florida?
The law covers new vehicles sold in Florida to transport persons or property, including recreational vehicles, demonstrators and qualifying leased vehicles. Excludes vehicles run only on tracks, off-road vehicles, trucks over 10,000 pounds GVW, motorcycles, mopeds, electric bicycles, and the living facilities of recreational vehicles. The protection period is 24 months after original delivery to a consumer (no mileage limit in the statute). Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: The same nonconformity subject to repair at least 3 times, plus a final repair attempt by the manufacturer after written notice, and it continues to exist.
- Days out of service: Out of service for repair a cumulative total of 30 or more days (60 or more for recreational vehicles), excluding routine maintenance. 'Days' means calendar days. After 15 or more days, the consumer must notify the manufacturer in writing.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
After 3 repair attempts, the consumer must send written notice by registered or express mail to the manufacturer for a final repair attempt. The manufacturer has 10 days to respond and 10 days (45 for RVs) after delivery to repair. Separate written notice is required after 15 or more days out of service.
Before suing, the consumer must submit the dispute to the Department of Legal Affairs and, if it is found eligible, to the Florida New Motor Vehicle Arbitration Board. If the manufacturer has a state-certified procedure, the consumer must file there first, within 60 days after the rights period ends. A Board request is due within 60 days after the rights period ends or 30 days after the certified procedure's final action, whichever is later.
Deadline: Within 1 year after the Lemon Law rights period expires. If the consumer used a dispute procedure, the department or the Board, within 1 year after that body's final action.
State resource: Florida Attorney General, Lemon Law Arbitration Program (Florida New Motor Vehicle Arbitration Board).
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
Within 40 days, repurchase with a refund of the full purchase price, or a replacement vehicle acceptable to the consumer, in each case less a reasonable offset for use and including collateral and incidental charges. The consumer has an unconditional right to choose a refund. The use offset is miles driven up to settlement or the arbitration hearing, multiplied by the base sale price, divided by 120,000 (60,000 for RVs). Yes. The court shall award a prevailing consumer pecuniary loss, litigation costs, reasonable attorney's fees and appropriate equitable relief. A consumer whose Board award is upheld on appeal also recovers attorney's fees. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Florida's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Florida vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Florida?
Under Fla. Stat. §§ 681.10 to 681.118, the presumption is met when the same nonconformity subject to repair at least 3 times, plus a final repair attempt by the manufacturer after written notice, and it continues to exist. The law also counts time in the shop: out of service for repair a cumulative total of 30 or more days (60 or more for recreational vehicles), excluding routine maintenance. 'Days' means calendar days. After 15 or more days, the consumer must notify the manufacturer in writing.
How long do I have to file a lemon law claim in Florida?
Within 1 year after the Lemon Law rights period expires. If the consumer used a dispute procedure, the department or the Board, within 1 year after that body's final action. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Florida lemon law cover used cars?
No used-car lemon law in this chapter. A person to whom the vehicle is transferred for personal, family, or household purposes during the Lemon Law rights period is a 'consumer'. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Florida lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Florida?
After 3 repair attempts, the consumer must send written notice by registered or express mail to the manufacturer for a final repair attempt. The manufacturer has 10 days to respond and 10 days (45 for RVs) after delivery to repair. Separate written notice is required after 15 or more days out of service. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Florida?
Before suing, the consumer must submit the dispute to the Department of Legal Affairs and, if it is found eligible, to the Florida New Motor Vehicle Arbitration Board. If the manufacturer has a state-certified procedure, the consumer must file there first, within 60 days after the rights period ends. A Board request is due within 60 days after the rights period ends or 30 days after the certified procedure's final action, whichever is later.
Can I recover attorney's fees under the Florida lemon law?
Yes. The court shall award a prevailing consumer pecuniary loss, litigation costs, reasonable attorney's fees and appropriate equitable relief. A consumer whose Board award is upheld on appeal also recovers attorney's fees. We explain exactly how fees work in your case before you sign anything.