In the state of Florida, it’s possible to get compensation for a defective vehicle that’s covered by the manufacturer’s warranty. The Florida State Lemon Law on new cars provides for a replacement vehicle or a buyback, in qualifying cases.
Easy Lemon has helped thousands of clients understand their Lemon Law rights. As one of our many legal services, we review cases to determine if they are eligible for protection through the Florida Lemon Law on vehicles. Contact us today for a free case evaluation.
In this guide, we cover the basics of the Florida new car lemon law requirements. We also explain how to start a claim with the Florida Motor Vehicle Arbitration Board.
What Is the Florida State Lemon Law on New Cars?
With the Florida State Lemon Law for new vehicles, drivers may be entitled to a replacement car or a full refund. To qualify for relief, the lemon vehicle must meet specified criteria.
Key Components
The law follows a simple structure designed to protect consumers who purchase defective vehicles. It applies to new vehicles, either financed or leased, that develop significant defects covered by the manufacturer’s warranty. Those defects must substantially impair the vehicle’s safety, value, or use.
To qualify, the issue must occur within a defined eligibility period, typically the first 24 months or 24,000 miles after delivery. If these conditions are met, the law outlines the process for seeking a repair, replacement, or compensation.
No manufacturer is immune to claims. Our legal team has helped file cases for the Florida Jeep Lemon Law, as well as claims against Ford, Chevy, Tesla, and the other top manufacturers.
Related Terms
Warranty coverage refers to the manufacturer’s written promise to repair defects or problems. These covered issues must arise during a specific time or mileage period. Under the Florida Lemon Law, the defect must be covered by the warranty to qualify for protection.
Manufacturer obligations describe the legal duties placed on the vehicle manufacturer. This includes making reasonable repair attempts, honoring warranty terms, and addressing qualifying defects within the required timeframe.
Consumer rights are the protections given to vehicle owners under the law. These rights allow consumers to seek repairs and request a replacement or refund. These consumer rights also allow drivers to pursue a claim when a covered vehicle cannot be fixed after a reasonable number of attempts.
How Does the Florida State Lemon Law on New Cars Work?
The Florida Lemon Law covers most personal vehicles. It’s not just for cars, but also trucks, SUVs, recreational vehicles, and motorcycles. As long as your vehicle meets the criteria and was purchased at a franchised motor vehicle dealer, you can file a claim.
Step-by-Step Process
It is important to file a claim during the Lemon Law rights period. If claims are not promptly filed, the opportunity for compensation may be missed. As experts in motor vehicle warranty disputes, these are the steps we follow.
- Document every vehicle issue. The first step is to document everything that goes wrong with the car. Documentation should include the date of the issue and the steps taken to resolve it.
- Allow for a reasonable number of repair attempts. Your vehicle must be taken to a reasonably accessible repair facility as an attempt to resolve the issue.
- Notify the manufacturer or its authorized service agent. Once it is clear that the problem will not be resolved, a demand letter is sent to the manufacturer. Hopefully, negotiations end here, and there is no need to take the case further.
- File a claim with the Motor Vehicle Arbitration Board. The Florida Office of the Attorney General is responsible for handling arbitration. Thankfully, case studies show that hundreds of cases are resolved through arbitration each year.
The Lemon Law timeline in Florida depends on the complexity of the case. A lemon attorney can evaluate the defective motor vehicle case to outline the timeline.
Implementation Methods
Florida Lemon Law is enforced through a structured dispute-resolution process designed to resolve claims efficiently. Many cases begin with mediation or arbitration with the manufacturer. This step gives the manufacturer a final opportunity to fix the defect or offer a solution, such as a replacement motor vehicle, before the dispute moves forward.
If the issue is not resolved, the claim may proceed to the Florida Lemon Law Arbitration Board. The Board reviews evidence, repair records, and warranty coverage to determine whether the vehicle qualifies.
This process applies to a motor vehicle primarily designed for use on public roads and covered under the law. When eligibility is confirmed, the Board can order a replacement or other relief under the statute.
What Are the Benefits of the Florida State Lemon Law?
The Florida State Lemon Law provides important protections for owners of a car that continues to have problems despite warranty repairs. It explains the benefits available when a motor vehicle repaired multiple times still fails to meet safety, value, or usability
standards.
Consumer Protections
The law protects drivers whose motor vehicle has a qualifying defect covered by the manufacturer’s written express warranty. If the vehicle cannot be repaired after a reasonable number of attempts, the consumer may be entitled to a replacement vehicle or a full refund. When a claim is successful, the law requires the manufacturer to cover the consumer’s legal fees, reducing the financial burden of enforcing these rights.
Florida Lemon Law attorney fees should never hold back someone from filing a claim. Easy Lemon works on a contingency basis, meaning there is no need for payment upfront. The fees are then taken from the settlement amount, or the manufacturer is held responsible. Considering that recent reports show attorneys making more than $350 an hour, the contingency structure alleviates financial stress.
Advantages for Consumers
The law holds manufacturers accountable for defects in a motor vehicle according to warranty standards. It also protects a major consumer purchase by giving buyers clear rights and remedies.
The state and federal lemon laws (Magnuson-Moss Warranty Act) encourage timely repairs and set clear deadlines. They also limit long-term financial loss and give buyers leverage during disputes. All in all, these laws promote fair treatment of consumers.
What Challenges Might Arise With the Florida Lemon Law?
When a claim is needed because the manufacturer fails to repair a defect, a lot of challenges may also arise. Our legal team has come against many of the top challenges over our years of filing claims.
Common Challenges
Here are the top three challenges we encounter.
- Proving one or more nonconformities – Without strong records from shops that service motor vehicles, it can be difficult to prove a case. Repair orders and invoices are often the key evidence.
- Manufacturer pushback – The manufacturer may claim that the defect came from a lack or routine maintenance or not visiting a designated repair facility.
- Inability to pay reasonable attorney’s fees incurred – Without a contingency fee structure, it may be difficult to find reasonable costs from a qualified lawyer.
Solutions and Tips
To counteract these challenges, we propose the following solutions.
- Keep detailed records – Clients need to have well-documented paperwork. Items include the purchase contract or written lease agreement, the manufacturer’s warranty, and repair orders.
- Seek legal assistance early in the process – To ensure rights are protected, getting a lemon lawyer involved early is vital.
- Choose an attorney who works on a contingency basis – A contingency fee structure defers payments until a settlement is won. Look for a lawyer who also offers a free case evaluation.
How Can Consumers Maximize Their Lemon Law Claim?
To get a refund on the manufacturer’s suggested retail price or a new motor vehicle, the consumer claim needs professional attention. Let us share our best practices and expert tips with you.
Best Practices
Keep detailed records of all repairs and service visits to prove that there has been a reasonable attempt to repair the problem. It is also helpful to save invoices and correspondence with the dealer or manufacturer.
Understand your rights under the Florida Lemon Law, and act promptly to protect your claim. These steps help ensure a smoother process and strengthen your case for a replacement or refund.
Expert Tips
Engage a specialized lemon law attorney to guide you through the process and protect your rights. Additionally, stay informed on the latest legal updates and changes in the law. These steps help you make confident decisions and improve your chances of a successful claim.
Ready to Enforce Your Rights?
Empower yourself with the Florida State Lemon Law on new cars. Take charge of your consumer rights and ensure you get the resolution you deserve. Do not hesitate, act now!
Easy Lemon provides expert consultation to Florida drivers. Find us on Google and read our amazing client reviews. When you contact us today, we can offer a free case evaluation to review your claim.
Frequently Asked Questions
Many consumers have questions about their rights when dealing with a purchased or leased vehicle that has persistent defects. Understanding how the Florida Lemon Law applies can help protect your investment and guide your next steps.
What Are the Key Provisions of the Florida State Lemon Law on New Cars?
The Florida State Lemon Law covers new cars with defects that affect safety, value, or use. Key provisions include protection for issues with electrical systems, engine problems, brakes, and other major components. The law ensures the manufacturer makes a reasonable number of repair attempts or provides a replacement or refund if the defects persist.
How Can I File a Lemon Law Claim in Florida for a New Motor Vehicle?
With the consumer being proactive about keeping repair records, filing a Florida Lemon Law claim is easier. Start by notifying the manufacturer in writing about the defects and give them a final chance to repair the vehicle. If the problems continue, you can pursue arbitration through the state program or work with a specialized attorney to enforce your rights.
What Are the Exemptions to the Florida State Lemon Law for New Cars?
The Florida State Lemon Law does not cover every type of vehicle. For example, rental cars and vehicles used for commercial purposes are generally exempt. The law mainly applies to new personal vehicles with defects covered by the manufacturer’s warranty. Problems caused by abuse, neglect, or such repairs not authorized by the manufacturer are also not covered.
What Compensation Can I Receive From the Florida State Lemon Law?
Under the Florida State Lemon Law, you may be entitled to a replacement vehicle or a full refund of your purchase price. The refund is calculated less a reasonable offset for the use of the vehicle before the defect was reported. In some cases, local sales taxes and other fees paid at purchase are also recoverable. This ensures consumers are made whole when a new car cannot be properly repaired.
How Long Does the Florida State Lemon Law Process Take for New Cars?
The Florida State Lemon Law process can vary depending on the complexity of the case and the manufacturer’s response. Typically, it takes a few months to complete arbitration, but some cases may take longer. Keeping detailed records, including the owner’s manual and all repair documentation, can help speed up the process.
