Florida Lemon Law attorney fees typically range from $400 to $600, depending on the attorney’s experience and the complexity of the case. However, most Lemon Law attorneys in Florida work on a contingency basis, meaning you pay nothing up front.
Even better, Florida has a fee-shifting policy that requires the manufacturer to cover your legal costs if you win your Lemon Law case. This empowers you to pursue your Lemon Law claim without worrying about the financial implications.
At Easy Lemon, we work tirelessly to help victims of “lemon” vehicles get legal remedies from their manufacturers without charging upfront fees. With over $50 million recovered and an impressive 99% win rate, our Florida lemon law attorneys have all the experience and track record to represent you to the full extent of the law. Contact us now for a FREE case evaluation.
This article explains how the Lemon Law functions in Florida, how to choose the right attorney for your case, and how much it costs to hire one.
How the Florida Lemon Law Works
The Florida Lemon Law considers a vehicle a “lemon” if it has a defect that substantially impairs its use, value, or safety. To qualify, the vehicle must be purchased or leased in Florida. Also, the defect must persist even after a reasonable number of repair attempts at an authorized service center or by the manufacturer. Florida defines a “reasonable number of attempts” as:
- Three or more repair attempts for the same issue; or,
- The vehicle is out of service for 15 or more cumulative days within the first 24 months after original delivery.
Some common issues that may qualify a vehicle as a lemon under Florida Lemon Law include brake system defects, engine or transmission failure, electrical problems, persistent fluid leaks, or faulty airbags. However, these problems must not be a result of abuse, neglect, or unauthorized modifications by the car owner.
When pursuing a Lemon Law claim, it’s advisable to hire an experienced Lemon Law attorney who can evaluate if your case qualifies under the state’s law and help you gather the relevant evidence to prove your case. The attorney may represent you during arbitration or negotiations with the manufacturer, ensuring that you’re awarded fair relief in the form of a full refund, replacement vehicle, or cash-and-keep settlement.
Do You Need a Lawyer for the Lemon Law in Florida?
You do not necessarily need a lawyer to file a Lemon Law claim in Florida. Through the Florida New Motor Vehicle Arbitration Board, the state offers a consumer-friendly arbitration process that allows individuals to participate without the need for legal representation.
However, having a lawyer can make a big difference, especially in situations where the manufacturer is delaying, denying responsibility, or offering you a smaller settlement than you deserve. You might consider hiring a lawyer in cases where you are overwhelmed by the paperwork, notice deadlines, or an arbitration hearing process, or even in a complicated or safety-related defect case.
Benefits of Hiring a Lemon Law Attorney
Hiring a Lemon Law attorney in Florida can significantly increase your chances of getting a fair and fast resolution to your Lemon Law claim. While the state’s law permits its customers to file a claim on their own, an experienced attorney comes with several advantages.
- They are well-versed in Florida’s Motor Vehicle Warranty Enforcement Act and know how to apply it to your unique situation, ensuring that you get the compensation you deserve.
- Many Lemon Law cases have failed due to poor documentation or missed deadlines. An attorney makes sure the written notice is sent to the manufacturer and that other protocols are observed in keeping with the 24-month statute of limitations.
- Florida’s Lemon Law has a fee-shifting provision, which means the manufacturer is required to pay your attorney’s fees and costs if you win the case. So, you do not have to worry about out-of-pocket fees.
- If your case goes to arbitration or trial, a Lemon Law attorney will prepare you, represent you, and present your case professionally. This is especially helpful because manufacturers almost always bring their legal team on board.
How Much Are Lemon Law Attorney Fees in Florida?
Lemon Law attorneys in Florida typically charge $400 – $600 per hour. However, most of them work on a contingency fee basis. This means that the attorney only gets paid if they help you win your case. If your case is dismissed or you don’t receive compensation, you typically owe nothing under a contingency agreement.
However, if you sign a non-contingency fee agreement, you may be responsible for the attorney’s fees irrespective of the result of the claim. That’s why it is essential to review and understand your fee agreement before hiring an attorney.
Are Attorney Fees Covered Under the Florida Lemon Law?
Yes, attorney fees are covered under the Florida Lemon Law, but on the condition that the consumer wins or settles their claim against the manufacturer. In that case, the manufacturer must pay the reasonable attorney’s fees and costs. This is called the fee-shifting provision, which protects a consumer from paying any upfront or out-of-pocket costs.
This provision, as captured in the Florida statutes § 681.112(1), enables consumers to enforce their rights against manufacturers of lemon vehicles, without worrying about the financial burden of paying for a lawyer. This law is particularly beneficial for those who cannot afford to pursue legal action, even when they have a valid and strong case.
Some large and well-funded automobile manufacturers know they’ll be on the hook for attorneys’ fees if they lose a case, and so are more likely to respond promptly to consumer complaints, settle claims, and avoid litigation.
When You Might Have to Pay Florida Lemon Law Attorney Fees
While the losing side is required to handle the prevailing party’s attorney expenses, there are limited situations where you may be responsible for legal costs.
1. You Appeal and Lose a Claim – If you lose your case at arbitration or in court, the manufacturer does not have to pay your attorney’s fees, and so you may have to pay out-of-pocket legal fees or possibly nothing. This depends solely on the agreement you had with your attorney. A contingent agreement is a no-win-no-fee agreement, meaning that if you lose a case, you do not owe the attorney any fee.
2. You Breach the Attorney Contract – It becomes a breach when you violate the terms of the agreement you signed with your lawyer by refusing to continue communicating or providing relevant information or documents. If you reject a fair settlement or fire the attorney without any good cause, you may have to pay the legal costs yourself, even in a case where you normally wouldn’t owe anything.
3. You Settle Without Prevailing – In any case where you change your mind and withdraw your case, you are not considered the prevailing party. If you make a private settlement with the manufacturer outside of the Lemon Law process without prevailing, it prevents you from recovering legal costs.
4. You Signed a Non-Contingent Fee Agreement – If you hire an attorney under a non-contingent fee agreement, or they charge by the hour, retainer, or ask for a flat fee, you may owe money regardless of the outcome.
This type of agreement means that whether you win a case or not, you are required to pay the attorney’s fees. Under Florida’s fee-shifting law, if you win the Lemon Law case, the manufacturer’s fee reimbursement may go directly to you, to the lawyer, or be split depending on your agreement.
To avoid paying any extra fees when hiring a Lemon Law attorney, it is advisable to ask questions such as, “Do I owe you anything if we lose?”, “Will the manufacturer’s payment cover your entire fee?” and “Are your fees contingent on winning?”.
How to Choose the Right Florida Lemon Law Attorney
Choosing the right Florida Lemon Law attorney can have a huge impact on your case; it is important to make the right choice at the hiring stage. Here is a step-by-step guide on how to make the right choice:
1. Choose a Lawyer Who Specializes in Lemon Law
Not all attorneys handle Lemon Law cases. Be sure to look for someone who specializes in Florida Lemon Law, not just the general consumer law. Attorneys with dedicated experience will understand the nuances of the statute, the arbitration process, and how manufacturers operate.
2. Check Track Record, Client Reviews, and Success Rate
Ask about the attorney’s success rate in Lemon Law cases. Search for testimonials, online reviews, or case outcomes. You can check Google Reviews, Avvo, Yelp, or the Better Business Bureau. A reputable attorney should be transparent about their experience and willing to share past results.
3. Fee Structure Transparency
Choose an attorney who works on a contingency fee basis, where you pay nothing unless you win. Also, confirm they understand and follow Florida’s fee-shifting law, which requires the manufacturer to pay your legal fees if you prevail. Here are some crucial questions you should ask before hiring:
- “Do I owe you anything if we lose?”
- “Do you charge a retainer or hourly fee?”
- “Will you get paid directly from the manufacturer if I win?”
4. Accessibility and Support
Select an attorney or firm that responds promptly, communicates, keeps you updated throughout the case, and offers support throughout the process. Whether it’s a physical office or a virtual team, accessibility matters.
You Can Afford a Florida Lemon Law Attorney!
The best part about hiring a Lemon Law attorney in Florida is that you do not pay their legal fees out of pocket. According to the state’s fee-shifting policy, if you win your case or reach a qualifying settlement, the manufacturer must pay the attorney fees and legal costs, not you.
If you suspect that your car is a lemon, talk to any of our experienced Lemon Law attorneys at Easy Lemon to see if you may be entitled to a refund, a replacement vehicle, or a cash settlement. We have an impressive 99% win rate and will give our best to ensure you get the relief you deserve. Visit our office or contact us now to get started.
Frequently Asked Questions (FAQ)
Here are a few of the frequently asked questions among Florida vehicle owners, pertaining to the state’s Lemon Law attorney fees and settlement amounts.
Can I Negotiate Lemon Law Attorney Fees in Florida?
Yes, you can negotiate Lemon Law fees in Florida Lemon Law cases, but it depends on the fee structures of your attorney and the basis for hiring. In situations where the attorney charges an hourly rate or a flat fee, which is a non-contingent basis, you may freely negotiate the fee. In a contingent fee arrangement, where they only get paid by the manufacturer if you win the case, you do not need to negotiate.
Who Pays for a Lemon Law Attorney in Florida?
According to the Florida fee-shifting law, the car manufacturer is required to pay your attorney’s fees if you have a valid Lemon Law claim and you win the case.
How Long Does the Lemon Law Process Take in Florida?
Florida’s Lemon Law process is faster than most lawsuits. It takes about 2-4 months in total if the claim is handled and resolved by the arbitration program with no court appeal. However, if the matter escalates to the court, it usually takes about 3-6 months. But the exact time depends on the peculiarity of the dispute. It is important to act within 24 months of the vehicle’s original delivery to be eligible to file a claim.
What Happens If I Lose My Florida Lemon Law Case?
If your Lemon Law case gets dismissed by the Florida Motor Vehicle Arbitration Board, the manufacturer does not owe you anything, and you won’t recover any attorney’s fees. However, if you had a standard no-win-no-fee contingency arrangement with your attorney, you don’t need to worry about paying any fees.
Can I File a Florida Lemon Law Claim Without a Lawyer?
Yes, you can file a Florida Lemon Law claim without a lawyer. However, you stand a higher chance of winning your claim if you hire the services of a qualified attorney. A good attorney will ensure that you are well prepared to present your case and help you negotiate with the manufacturer to secure a favorable settlement.
